EAST TIMOR -- HUMAN RIGHTS ACTIVISTS SUPPORTIVE OF

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000992

SIPDIS

DEPT FOR EAP, EAP/MTS, DRL/AWH, EAP/MLS, EAP/ANP, EUR/WE
NSC FOR EPHU

E.O. 12958: DECL: 05/19/2018
TAGS: PREL PHUM PGOV TT ID
SUBJECT: EAST TIMOR -- HUMAN RIGHTS ACTIVISTS SUPPORTIVE OF
COMMISSION REPORT

REF: A. JAKARTA 825

B. JAKARTA 163

Classified By: Pol/C Joseph L. Novak, reasons 1.4 (b+d).


1. (C) SUMMARY: The Timor Leste-Indonesia Commission of
Truth and Friendship (CTF) has invited the Presidents of the
two countries to Bali on May 26 to receive its final report.
The CTF's Summary--presented to the two governments in
April--has been leaked to human rights activists who tell us
privately that the report exceeds their expectations.
President Yudhoyono reportedly supports the report while
elements of the Indonesian military and retired officers are
said to be uncomfortable. International support for the
report and its backing of reform could help Indonesia make
new breakthroughs in human rights. Paras 8-9 recommend ways
the USG can support the CTF process. END SUMMARY.


2. (C) CTF Commissioner Wisber Loeis told DepPol/C on May
15 that the final version of the CTF report hit the printing
presses the previous day. The CTF has invited the two
Presidents to receive the report in Bali on May 26 and is
awaiting their response.

REPORT IS "STUNNING"


3. (C) Human rights activists and members of Parliament
(MP) who saw leaked copies of the report's Executive Summary
told DepPol/C that the report's assigning institutional
responsibility to GOI security forces for gross human rights
abuses (reftel) will have far reaching consequences. MP
Marzuki Darusman, former deputy chair of the National Human
Rights Commission, called the report "stunning." Asmara
Nababan, a pioneer of the human rights movement in Indonesia,
said the report "exceeded all expectations." Usman Hamid,
the leading human rights attorney for victims of past abuses,
said he believes the report might be concrete enough to serve
as a basis to reopen cases against those who, thus far, have
not been prosecuted for their crimes.


4. (C) An American advisor to the CTF told the DCM on May 7
that the CTF report could conceivably lead to prosecutions in
Indonesia. He said Marzuki Darusman had indicated that he
would support such prosecutions and he believes that the
Indonesian CTF Co-Chair Lt. General (Ret) Agus Widjojo, might
also. Widjojo is a close confidante of President Susilo
Bambang Yudhoyono and is believed to be responsible for
Yudhoyono being so well briefed on the report. In a February
meeting that Yudhoyono called with Commissioners to brief key
members of his Cabinet in Jakarta, Yudhoyono cut off the
Attorney General's criticism that the report is based on
international--not Indonesian law, according to a contact who
attended the meeting. The President pointed out that, by
mutual agreement, the CTF's mandate is based on the Rome
Statute--which set up the International Criminal Court in the
Hague.

MILITARY ELEMENTS SCHEMING TO DISCREDIT REPORT?


5. (C) Widjojo was responsible for the CTF's strong
recommendations on Indonesian military (TNI) reform and
accountability, as well as the powerful language linking
security forces with militias in the rape and carnage which
occurred in East Timor immediately following the August 1999
referendum on autonomy, Cohen told us. As a retired general,
Widjojo has also had the painful task of persuading the TNI
to accept the report, Loeis told us. Darusman told DepPol/C
on May 15 that his sources in Indonesian intelligence told
him elements of the TNI are planning how to publicly
discredit the report by saying it is based on biased sources.
Furthermore, they are trying to persuade President Yudhoyono
to undermine the report, asking him to publicly criticize it
when the two Presidents release it to the public.


JAKARTA 00000992 002 OF 002



6. (C) Loeis said influential generals already had tried to
persuade him to change the language in the final draft from
"gross violations of human rights" to human rights
violations, but he flatly refused. The American advisor said
some TNI units and individual members are named in the report
by way of illustration, as well as the Special Forces
(Kopassus),although Kopassus is not highlighted.


7. (C) The American advisor told the DCM that General (ret)
Wiranto, who was TNI Commander in 1999 and is accused of
human rights violations, had a mole on the CTF, Ahmad Ali, a
law professor who was investigated for corruption. (Note:
Wiranto is now a dark horse presidential candidate for
2009.) This member tried to water down the report but ended
up isolating himself and eventually joined in the unanimous
acceptance of a strong report. Indonesian Deputy Chair
Benjamin Mangkoedilaga, although pro-TNI, asserted no
influence, Cohen said. The East Timorese commissioners
disagreed more among each other than did commissioners from
the two countries, he added.

USG SHOULD SUPPORT RECOMMENDATIONS


8. (C) Cohen and Loeis both asked for USG support for two
recommendations in the report:

-- To provide human rights training to security forces and
civilian authorities; and,

-- To set up a Documentation and Conflict Resource Center
(DRRC) in Dili with a partner center in Jakarta.


9. (C) CTF is applying for various funding sources,
particularly from the USG. USG financial support to support
realization of these two recommendations would be important
in demonstrating our support for the CTF and would help
ensure that the CTF makes concrete strides in helping
Indonesia improve its human rights record. Points for a
proposed USG public response are reviewed in ref B.

HEFFERN