East Timor: Arbitrary Arrests in Dili

EAST TIMOR HUMAN RIGHTS CENTRE 
124 Napier St Fitzroy 3065 Australia
PO BOX 1413 Collingwood 3066 Australia
Tel: 61 3 9415 8225  Fax: 61 3 9416 2746  E-mail: etchrmel@peg.apc.org  
Director: Ms Maria Brett  Chair: Bishop Hilton Deakin
______________________________________________________________________
URGENT ACTION
4 June 1997

NAMES:  David Dias Ximenes, 45
        Beatriz Ximenes, 40
        Joao Angelo, 32
        Francisco Magno, 27
        Jose Acacio, 40
        one unidentified East Timorese woman, married to Joao Acacio
AND:    up to four unidentified East Timorese men       

VIOLATIONS:     Arbitrary Arrest / Arbitrary Detention / Fear of Torture

LOCATION:       Dili, East Timor

Ref: UA 12/97
______________________________________________________________________

The East Timor Human Rights Centre (ETHRC) holds grave fears for the safety
of up to 10 East Timorese people, arrested in Dili in repercussions which
have followed the violence surrounding the recent Indonesian election. The
detainees are believed to be at risk of torture and ill-treatment as one
detainee has already been refused access to a lawyer and it is not known
whether the other detainees have had access to legal representation.

David Dias Ximenes was arrested at 9am on 31 May, 1997, at his home in Cacau
Lidun, by members of INTEL (Indonesian Intelligence) and BRIMOB (Mobile
Police Brigade). At the time of the arrest, INTEL and BRIMOB are believed to
have ransacked Ximenes' home, taking away some of his personal belongings.
Authorities have alleged that he was the mastermind behind the 28 May attack
on the BRIMOB Headquarters in Bairo Pite, which it is believed left at least
one police officer dead and at least four police wounded. Ximenes has been
charged under Article 106 of the Indonesian Criminal Code (KUHP) with "armed
rebellion" and is currently detained at POLDA (the local police station) in
Comoro. It is believed Ximenes has been denied access to legal
representation and is currently being interrogated by a military team from
Jakarta, which includes the Military Commander for East Timor, Major General
Rivai.

David Dias Ximenes' wife, Beatriz Ximenes, was arrested on the afternoon of
2 June by members of BRIMOB and is also detained at POLDA headquarters. It
is believed she may have been arbitrarily arrested, solely because of her
relationship to David Dias Ximenes.

According to Amnesty International, another five East Timorese people were
arrested on 31 May in relation to the assault on the BRIMOB headquarters.
The detainees are Joao Angelo, Francisco Magno, Jose Acacio, Jose Acacio's
wife (name still not known) and another unidentified East Timorese man. It
is believed they may also be held at POLDA headquarters in Comoro. Amnesty
International has also reported that three unidentified men were arrested on
28 May in relation to the assault, two of whom are believed to have
sustained injuries.

Meanwhile, East Timor Chief of Police, Colonel Yusuf Mucharam, confirmed in
a recent media report that 22 people have been detained, including thirteen
"rebels" and nine supporters, in connection with the attack on the BRIMOB
police station (Reuter, 2 June 1997).

The East Timor Human Rights Centre is concerned for the safety of the
detainees as prisoners in East Timor are routinely subjected to torture and
ill-treatment while in military or police custody.  These human rights
violations occur frequently, especially if detainees are denied access to
members of their families and independent legal counsel. 

Background information

The arrests have followed a wave of violence in Dili, Baucau and Lospalos,
in the lead up to the Indonesian election on 29 May.  A series of armed
attacks on military and police targets resulted in up to 41 people being
killed (AAP, 1 June 1997) and the ETHRC is continuing to investigate all
allegations of extra-judicial executions.

The situation in Dili is still very tense. There have been recent media
reports about heavy military air traffic around the area and residents in
Dili have reported hearing gun-fire between East Timorese guerrillas and the
Indonesian military.

RECOMMENDED ACTION:
Please send faxes/telegrams/express/airmail letters in English, Bahasa
Indonesia or your own language:

· Urging authorities to provide the names of all people who have been
detained in relation to the recent attacks by the armed resistance against
military and police targets;
· seeking details of the charges (if any) against Beatriz Ximenes, Joao
Angelo, Francisco Magno, Jose Acacio, Jose Acacio's wife and any other East
Timorese people in detention and calling for their immediate and
unconditional release if they have not been charged with a recognisable
offence under existing laws;
· urging authorities to ensure that David Dias Ximenes is provided with
immediate access to a lawyer of his own choice;
· seeking assurances that the detainees will not face any torture or
ill-treatment in detention and that they will be treated humanely and in
accordance with international standards; and
· seeking assurances that they will have full and continuing access to their
families and independent legal counsel.

SEND APPEALS TO:

1. MILITARY COMMANDER REGION IX/UDAYANA (includes East Timor)
Maj Gen H.A. Rivai
Pangdam IX/Udayana
Markas Besar KODAM IX/Udayana
Denpasar, Bali
INDONESIA
Telephone: +62 361 228 095
Telegrams: Pangdam IX/Udayana, Denpasar, Bali, Indonesia

2. CHIEF OF POLICE FOR EAST TIMOR
Colonel Yusuf Mucharam
Kapolda Timor Timur
Dili, East Timor
INDONESIA
Telegrams: Kapolda, Dili, East Timor

ALSO SEND COPIES TO:

3. MINISTER OF FOREIGN AFFAIRS
Ali Alatas S.H.
Menteri Luar Negeri
Jl. Medan Taman Pejambon No. 6
Jakarta
INDONESIA
Faxes: +62 21 360 541 / 360 517 / 380 5511 / 345 7782

4. SECRETARY GENERAL, NATIONAL COMMISSION ON HUMAN RIGHTS
Prof. Dr. Baharuddin Lopa
Sekretaris Jenderal, Komisi Nasional Hak Azasi Manusia (Komnas HAM)
Jl Latuharhary No 4 B
Menteng Jakarta Pusat
INDONESIA
Phone/Fax : 392 5227

email: info@komnas.go.id

and to diplomatic representatives of Indonesia in your country.


PLEASE SEND APPEALS IMMEDIATELY
Check with the East Timor Human Rights Centre if sending appeals after 17
July 1997

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.