By Jana D.K. in Jakarta
and Mitchell Hamilton in Sydney
East Timorese independence leader Xanana Gusmao was sentenced to life imprisonment by an Indonesian court in Dili on May 21. The three judges found him guilty of separatism, rebellion, conspiracy and firearms offices.
In the court were a United Nations representative and diplomats from the United States, Australia, Britain and Japan.
Xanana's handwritten defence document was smuggled out of his cell. In it, he denied he was an Indonesian or subject to Indonesian law. He said he was coerced into recanting his views for Indonesian video cameras and was forced to refuse offers of help from the Jakarta-based Legal Aid Institute.
"The circumstances of my previous statements in Jakarta cannot allow them to be seen as credible", Xanana said. "I reject the competence of any Indonesian tribunal to judge me and much less the jurisdiction of this court, installed by force of arms and criminal acts in my country, East Timor."
Amnesty International said the sentence was a "travesty of justice." "In view of the fact that Indonesia's sovereignty over East Timor has not been recognised by the United Nations, the competence of Indonesian courts to try Xanana Gusmao and other Timorese is open to question ... It is especially doubtful whether an East Timorese can legitimately be charged with rebellion against the government of Indonesia, which occupies the territory illegally."
Prevented from speaking
The court had earlier reneged on its decision to allow Xanana to present his own defence in Portuguese. At the May 18 session he was able to read only three pages of his 19-page defence before he was stopped and forced to hand over the remainder to his court-appointed lawyer, Sudjono.
On May 17 the Jakarta daily Kompas had quoted Sudjono as saying that although Xanana's speech was "full of politics", he had the right to present his defence as he pleased. Professor Dr Sahetapy, a respected legal commentator from Airlangga University, Surabaya, who had until then refrained from commenting on the case, defended Xanana's right to discuss political issues in his defence.
Throughout the trial, the authorities made every effort to prevent Xanana from making any clear statements on either his trial or the issue of East Timor, enabling the government and the press to present a more "palatable" interpretation of Xanana's position to the Indonesian public.
The domestic reporting of such topics has become a more significant issue since the Dili massacre in November 1991. At that time, East e became the subject of open, public discussion in the Indonesian press.
Hendardi, head of the special division of the Indonesian Legal Aid Institute (YLBHI), told Green Left Weekly that the current carefully orchestrated campaign by the government is aimed at both placating the international community and convincing the Indonesian population that the situation in East Timor is now under control.
Hendardi added that "the government wants to create the impression that with the arrest of Xanana the problems in East Timor have been resolved. The court may have been worried that the content of the speech would undermine these efforts and expose the trial as little more than a sham."
Students arrested
Meanwhile, Amnesty International is concerned over the fate of three East Timorese university students reportedly arrested by Indonesian security forces in Dili for their alleged political activities. The whereabouts of Rui "Los Palos" and two others are unknown, and Amnesty fears that they may be subjected to torture.
Political detainees in East Timor are commonly held incommunicado and subjected to torture in order to extract confessions and political intelligence. During interrogation, authorities routinely deny lawyers and representatives of the Red Cross access to political detainees.
Amnesty is urging people to send express and airmail letters expressing concern for the safety of Rui "Los Palos" and the two other students reportedly arrested to: Ali Alatas, Minister of Foreign Affairs, Kementerian Luar Negeri, Jl. Taman Pejambon 6, Jakarta, Indonesia or faxes to 62 21 36 7781.