SUPREME COURT ORDERS EX-MILITIA LEADER TO JAIL FOR

UNCLAS SECTION 01 OF 02 JAKARTA 003298

SIPDIS


SENSITIVE
SIPDIS

DEPT FOR EAP, EAP/IET, AND DRL

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS KAWC TT ID
SUBJECT: SUPREME COURT ORDERS EX-MILITIA LEADER TO JAIL FOR
EAST TIMOR CRIMES

Summary
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1. (SBU) Indonesia's Supreme Court on March 13 upheld the
conviction of former East Timor militia leader Eurico
Guterres and reinstated his ten-year prison sentence.
Prosecutors said they would immediately jail Guterres, who
has remained free pending his appeal. The politically
well-connected Guterres plans to file for a judicial review.
Also on March 13, the Supreme Court confirmed the not guilty
verdict in the case of Brig. General Noer Mois, effectively
ending the possibility of an Indonesian military or police
officer being held responsible out of the Ad Hoc Tribunal
process. Guterres would become the only Indonesian to remain
convicted for the widespread human rights violations in East
Timor in 1999. End Summary.

Appeal Denied, 10 Years Jail Reinstated
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2. (U) Indonesia's Supreme Court on March 13 denied the
appeal of former East Timor militia leader Eurico Barros
Gomes Guterres, originally convicted in 2002 of crimes
against humanity by Indonesia's Ad Hoc Tribunal. The Supreme
Court also reinstated the ten-year prison sentence, which an
appeals court had reduced by half. Four of five justices
found Guterres guilty of failing to stop his militia from
attacking East Timorese civilians taking refuge in the home
of former Governor Manuel Carrascalao in April 1999, an
attack which left a dozen or more people dead. The
dissenting judge reportedly explained that Guterres should
not be found guilty because others also were responsible for
the attack.


3. (U) Prosecutors stated they would act to imprison
Guterres as soon as they received the official copy of the
court's decision. Guterres, who has remained free for three
and one half years pending his appeal, was in West Timor on
March 13 and told reporters he would file a request for
judicial review of his case. (Note: Under normal
circumstances, the filing of a judicial review would not
prevent incarceration. End Note.) On March 14, he traveled
to the area of Atambua, West Timor, and explained to his
supporters and former militia members that he would not
resist arrest. Guterres reportedly expressed surprise that
his appeal was denied, while on the same day the Supreme
Court upheld the not guilty verdict of the former area
military commander Brig. General Noer Muis (below).

Notorious Militia Leader
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4. (SBU) Guterres, an Indonesian citizen, is an ethnic East
Timorese who led the notorious pro-integration Aitarak
militia and later the militia grouping Gardapaksi. According
to many accounts, he coordinated closely with and received
support from senior military and police commanders, and
carried out joint operations with Indonesian security forces.
In addition to the April 1999 incident, Guterres' militia
members conducted a number of lethal attacks on
pro-independence figures and civilians between May and
September 1999.

Political Opportunist
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5. (SBU) After 1999, Guterres built up political connections
with the Golkar party and the Indonesian Democratic Party for
Struggle (PDI-P). Despite his conviction for crimes against
humanity, former President and PDI-P chair Megawati appointed
Guterres chief of a PDI-P youth wing, Banteng Muda Indonesia.
Reports, which Guterres denied, connected him with efforts
to set up militias in Papua and Aceh. He later joined the
National Mandate Party (PAN) and his anointment as head of
PAN's West Timor branch was pending at the time of the
Supreme Court's decision. One national PAN leader told the
press they would speak with Guterres before deciding whether
to confirm Guterres' party leadership position. Another PAN
figure said the party would assist Guterres in this legal
struggle.

JAKARTA 00003298 002 OF 002



Last Military Case Concluded
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6. (SBU) Guterres would become the only Indonesian to remain
convicted in Indonesia for the 1999 widespread human rights
violations in East Timor and to serve jail time for his
crimes. Also on March 13, the Supreme Court denied the
prosecutors' appeal in the case of former regional military
commander Brig. General Noer Muis, upholding the not guilty
ruling of an appeals court. Indonesia's Ad Hoc Tribunal
tried 18 suspects in a process viewed as flawed by
international observers. Of the six persons initially
convicted, including four senior military and police
officers, all but Guterres have had their convictions
overturned on appeal.
PASCOE