E/CN.4/1997/7
page 26
Estakio José Fernandes and Kamilio Alegria, were allegedly beaten, hung from
their arms, burned with cigarettes and immersed in a water tank with blocks of
ice roped to their bodies. One month later he was released. On
3 February 1996 he was arrested again in Dili. At the police station he was
interrogated about his participation in a demonstration, punched, beaten with
a wooden stick, kicked on his forehead and burned with cigarettes. After his
release, Florindo dos Santos fled to Jakarta where, on 16 April 1996, he
entered the Embassy of Germany as described in the case of Antonio Campos
referred to above. In that incident he also was heavily beaten with wooden
and iron sticks until he fainted. At the KODIM barracks and the police
station he suffered no further ill-treatment and on 20 April he was released.
The Government informed the Special Rapporteur that Florindo dos Santos had
been arrested on 11 July 1993 on charges of involvement as a liaison for armed
separatists. He was released on 18 July 1996 and had not been arrested since
that time.
108. By letters dated 20 October 1996 and 1 November 1996 the Government
informed the Special Rapporteur that it considered that the decision by the
Government of Portugal to invite the Special Rapporteur to the country had
been triggered by Portugal's hostile attitude towards Indonesia and had not
been based on a sincere desire to promote and protect human rights. It was
merely a part of a concerted and systematic effort to besmirch and discredit
Indonesia. This hostility against Indonesia was shared by those East Timorese
who had forced their way into embassies in Jakarta in the months before or
during the sessions of the United Nations General Assembly, the Commission on
Human Rights and the Sub-Commission on Prevention of Discrimination and
Protection of Minorities. The timing of actions provided clues as to the real
motive of their deeds. Indonesia did not intend to bar them from leaving the
country, but they had no well-founded fear of persecution. In addition, those
East Timorese youths who had previously fled to Portugal had been students in
scholarship programmes in various provinces who had failed to graduate. As
they were faced with shame, an urgent need for resources and an uncertain
future, they had opted for the popular shortcut of fleeing to Portugal with a
fake claim of persecution. The reason that Portugal, as opposed to other
foreign embassies, had provided them with refugee status was because only
Portugal would benefit politically from such a situation.
109. The Government also expressed concern that the Special Rapporteur had
used the term “oral testimonies” to refer to the above-described allegations,
as it was not clear whether the statements of the persons interviewed had been
made under oath. Even if the statements had been made under oath, taking such
evidence would be beyond the mandate of the Special Rapporteur, as his post
had never been charged to act as a court of law. Furthermore, using the term
“oral testimonies” could lead one to equate the work of the Special Rapporteur
with that of common NGOs, which most if not all of the time had claimed to
secure testimonies which had later turned out to be mere allegations.
Moreover, the allegations could not be true, because the ICRC had had
unlimited access to places of detention in East Timor since 1979.
110. To sum up, the Special Rapporteur transmitted to the Government
information on 26 individual cases, including the 10 mentioned above. The
Government replied to 23 of these cases and to 27 cases which had been
transmitted by the Special Rapporteur in 1994 and 1995. The Special
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