TIMOR-LESTE UPDATE: NATIONAL AUTHORITIES TAKE LEAD IN

C O N F I D E N T I A L SECTION 01 OF 03 DILI 000054

SIPDIS

SIPDIS

FBI FOR INTERNATIONAL OPERATIONS
JAKARTA FOR LEGATT

E.O. 12958: DECL: 2/19/2018
TAGS: PREL PGOV KCRM KJUS ASEC TT
SUBJECT: TIMOR-LESTE UPDATE: NATIONAL AUTHORITIES TAKE LEAD IN
SECURITY OPERATIONS

REF: DILI 50 AND PREVIOUS

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CLASSIFIED BY: Henry M. Rector, Deputy Chief of Mission, U.S.
Embassy Dili, Department of State.
REASON: 1.4 (b),(d)




1. (C) Summary. Timor-Leste's Council of Ministers has
instructed the Armed Forces (F-FDTL) and National Police (PNTL)
to direct all security operations in the wake the February 11
attacks on President Ramos-Horta and Prime Minister Xanana
Gusmao. This is at variance with the agreement between the GOTL
and the United Nations giving the UN Police Mission (UNPOL)
supreme authority in police matters, but SRSG Atul Khare has
said he will accept it. FBI agents arrive on February 20 to
assist with the criminal investigation. Parliament may extend
the formal state of siege by another 30 days, but in the
meantime, the GOTL is proceeding with business as usual to the
greatest extent possible. On February 18, police questioned,
then released, the legal advisor to slain would-be assassin
Alfredo Reinado. End summary.

FBI assistance

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2. (C) Three FBI agents, two from the L.A. field office, and
one from Jakarta, will arrive on February 20 to assist with the
investigation of the attacks of February 11. Embassy is
grateful for Washington's support and quick action on this very
high level request. Acting President Fernando Lasama de Araujo
issued a statement to the local press yesterday announcing and
warmly welcoming the assistance.

F-FDTL Commander Given Responsibility for Security Operations

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3. (C) The Council of Ministers met on Sunday, February 17, and
issued a resolution to create a joint Armed Forces of
Timor-Leste (F-FDTL) and National Police (PNTL) command under
the leadership of F-FDTL Commander Brigadier Taur Matan Ruak to
execute all security operations during the state of siege.
Henceforth, the Australian-led International Stabilization Force
(ISF) and United Nations Police Mission (UNPOL) will be in a
supporting capacity. Reportedly, PM Gusmao initiated this
action, in close consultation with Acting President Lasama and
key leaders of the National Parliament, to strengthen the
nation's efforts to capture the 18-30 men that attacked the PM
and president on February 11. Except for the two killed at the
scene of the president's shooting, all remain at large and
heavily armed. Ambassador and RSO heard on February 18 from the
Prosecutor General of the increasing frustration within the
Timorese leadership that the ISF, previously in charge of the
pursuit, had not been able to capture the culprits. Others have
told us of the mounting domestic pressure on the prime minister
to place command for these operations in the hands of the
Timorese security institutions. The 2/17 resolution makes clear
that the F-FDTL and PNTL will continue to perform only those
functions specifically established in law; i.e., the military
will not assume police functions or vice versa.


4. (C) SRSG Khare told the Ambassador on February 19 that the
above decision inadvertently violates the "supplementary
arrangements" signed in December 2006 by the GOTL and United
Nations Integrated Mission In Timor-Leste (UNMIT) that define
the legal status of UN in Timor-Leste. Under the 2006
arrangement, which operationalizes Security Council resolution
1704 of August 2006, the UNPOL Commander is the head of all
police forces in Timor-Leste, including the PNTL. The February
17 resolution, however, makes no mention of UNPOL and implies
that UNPOL/UNMIT is either a silent partner of the resolution,
or that the aspects of the 2006 arrangement regarding the police
are void. This poses serious legal problems for UNMIT and Dr.
Khare. If he was to fight or renounce the Timorese resolution,
he would likely be ignored by the GOTL leadership, lose
relevance and his ability to influence events. If he accedes

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and things go badly (e.g., an F-FDTL or PNTL action misfires; is
misdirected at the petitioners, say, instead of the fugitives;
or massive human rights violations result),the decision not to
intercede could haunt UNMIT. For the government of Timor-Leste,
however, there is an enormous political imperative to assert
national control and take effective action that in the judgment
of Embassy Dili must be supported at this point. UNMIT agrees
and has come to an understanding with the PM that certain
elements of the supplementary arrangement will be in "hiatus"
for the course of the state of siege. As an offset, the
government and UNMIT agreed to strengthen their coordination for
operations and intelligence. On a very positive note, in the
case of the February 17 resolution and all other measures
enacted since February 11, the GOTL has adhered meticulously to
the Constitution, relevant law and established procedures.

Enhanced Security Coordination

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5. (C) To operationalize Timorese control, all four security
institutions (F-FDTL, PNTL, ISF and UNPOL) have agreed to
intensify their coordination. When pressed on the quality of
the coordination to date, however, the SRSG told the Ambassador
that there have been distinct shortcomings. To begin, on
February 11 none of the available emergency communication
channels or mechanisms (e.g., Timor's version of 911 or the
National Crisis Operations Center) were utilized. An NGO that
happened to be near the scene of the president's shooting was
the first to notify the police. The president's F-FDTL close
protection unit neither reported the incident nor used any of
the established emergency procedures. More recently, the first
step after the February 17 resolution to create a Timorese-led
security command was to have been the drawing up of an
F-FTDL/PNTL coordinated plan of operations into which ISF and
UNPOL would be integrated. No plan has yet emerged. If all
goes right, the F-FDTL/PNTL joint command could result in the
building of effective, respectful working relationships between
these two embittered Timorese institutions, but many obstacles
to this end, both cultural and historical, will have to be
overcome. In the meantime, all UNPOL training and mentoring
programs for the PNTL have been suspended for the duration of
the siege.

Extension of State of Siege?

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7. (C) If the culprits are not captured by February 23, the
government is considering a thirty-day renewal of the state of
siege as provided by the constitution. In addition to the
temporary suspension of the rights of assembly, demonstration
and movement (during the evening curfew),the government may
propose to parliament extending the 72-hour period that a
suspect can be held for interrogation prior to being presented
to a judge to seven days. In addition, the service of warrants
at night will be permitted. Acting President Lasama has written
to the UN Secretary General explaining the measures taken in
accordance with the state of siege and emphasizing that all
other freedoms protected under the Timorese Constitution
continue to be respected. UNMIT supports maintaining the state
of siege until the February 11 culprits are caught. SRSG Khare
gave miniscule odds that the 18-30 attackers, seventeen of which
have outstanding warrants against them, will be arrested in the
next few days. Efforts are also being made by UNMIT through the
church to encourage their surrender, but Khare judges the
probability of this occurring even lower. Salsinha, one if the
fugitives, has appeared on Indonesian television stating he has
no intention of surrendering.

Other Priorities

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8. (SBU) To an admirable extent, the government has continued
to work on other priorities. A program to slash food rations
for IDP camp members has been maintained and 400 IDP families
either have registered for government assistance to be

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reintegrated into their old neighborhoods or have done so (but
this represents only 10 percent of the IDP population; it cannot
be said that a momentum for reintegration has been established).
Some 140 "petitioners" have arrived in Dili to accept
government assistance and possible screening for readmittance
into the military. The Finance Minister, in meetings with the
Ambassador, has strongly urged that bilateral work begin soon
toward an MCC compact. In our meetings with the Timorese
leadership we will encourage the government to remain focused on
these priorities and on improving government investment and
services in general.

Reinado's Legal Advisor Questioned

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9. (U) Timorese prosecutors called the February 18 arrest of
Angelita Pires, Alfredo Reinado's former legal advisor, "a
breakthrough in the investigation." She was detained for
"possible conspiracy for crimes against the state," according to
the Prosecutor General, and released after four hours of
questioning in a closed court appearance in Dili. Pires was
scheduled to fly to Darwin yesterday, but was ordered not to
leave the country while the investigation is ongoing.
KLEMM