E/CN.4/1991/17
page 26
of the questioning the authorities did not use torture nor other forms of
ill-treatment. The allegation that he has been subjected to daily torture was
therefore unfounded. With regard to the other East Timorese pupils allegedly
arrested following a demonstration in Dili on 4 September 1990, it was
affirmed that not a single person was arrested or subjected to torture by
the security authorities. A number of persons were indeed questioned for
partaking in the demonstration, but they were subsequently released as there
was no sound reason for the authorities to detain them.
Letters and Government replies
83. On 24 July 1990 the Indonesian Government sent a letter to the
Special Rapporteur in reply to his communication of 14 November 1989 (see
E/CN.4/1990/17, para. 89) concerning several East Timorese people. It was
affirmed that several people had been questioned in connection with "a
conspiracy to entice security disturbances" during the President's visit to
East Timor in November 1988. Following further investigation only two
persons, Filomeno Gomes and Anacias Fuca do Carmo, were put on trial and were
given prison sentences of seven and six months, respectively. It was further
affirmed that throughout the investigation, their right to physical and mental
integrity was protected and the proceedings were in strict compliance with
Indonesian laws and legal procedures. With regard to the use of torture and
other forms of ill-treatment in the interrogation of suspects which is often
alleged as being practised by Indonesian security personnel, the Government
stated that such treatment is contrary to the State Philosophy, to the basic
values of the Indonesian people and to existing legislation and regulations.
Any failure to comply with these regulations is subject to disciplinary action.
84. On 6 June 1990 the Special Rapporteur addressed a letter to the
Government of Indonesia transmitting information alleging that a large number
of Sumatran civilians, described as sympathizers of a so-called Acheh/Sumatra
National Liberation Front, were detained during 1989 and allegedly subjected
to torture. Most of those arrested were said to be farmers, businessmen and
students, principally from villages near the city of Lhok Senmawe, Pase
Province. The Lhok Senmawe gaol and Lammenlo gaol were the two prisons where
most of those arrested were alleged to be tortured. It was alleged that
Indonesian security forces or police were responsible for the arrests and
torture. A list of 24 persons, including women, who were allegedly tortured
in detention, was transmitted to the Government.
85. On 24 July 1990 the Government replied by affirming that the allegations
were totally groundless, and by describing the organization which made them
as "a foreign based/sponsored group intent on disintegrating the national
unity and territorial integrity of Indonesia". The Government also provided
information pertaining to the situation in the province of Aceh, where several
security personnel and civilians were recently killed as a result of activity
by armed groups. During operations undertaken by the authorities to restore
order in the province, a man named Yusuf Ab, believed to be a band leader, was
killed in a shoot-out on 1 July 1990, as he defied arrest, and other suspects
were arrested. "Since those arrested are involved in criminal activities and
have no connection whatsoever with membership of nor are they sympathizers of
the so-called Acheh/Sumatra National Liberation Front which is non-existent,
the list of cases and persons submitted in the communication cannot be taken
seriously. However, a serious investigation is being conducted by the
relevant authorities, and due process of law will continue to be strictly
observed".
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