8 May 2001

1. On 6 September 2000, a mob attacked the offices of the United Nations High Commission for Refugees (UNHCR) in Atambua (West Timor, Indonesia) and killed three of our colleagues, Samson Aregahegn, Carlos Caceres and Pedro Simundza. Six men were subsequently identified and taken to court, and a sentence was handed down on 4 May.

2. Under ordinary circumstances, restraint would be exercized in commenting judgements. In this case, however, the strongest expression of outrage is warranted for the verdicts come close to condonation of the murders and incitement to further ones.

3. Below is an extract from the UN Newservice of 4 May (http://www.un.org/News/dh).

   Annan calls sentences in West Timor killings "wholly unacceptable"

   4 May Secretary-General Kofi Annan was "shocked" to learn of the light sentences handed down by a Jakarta court today to six men in connection with the murders of United Nations relief workers last year in West Timor, according to a statement issued today by his spokesman.

   "This is a blow to the international community's efforts to ensure the safety and security of humanitarian personnel and a wholly unacceptable response to the ultimate sacrifice which Pero Simundza, Samson Aregahegn and Carlos Caceres made in humanitarian service," the statement said.

   The convicted men were reportedly given sentences ranging from 10 to 20 months for the 6 September 2000 killings of three staff members from the UN refugee agency (UNHCR) in Atambua, West Timor.

   While welcoming the determination of the concerned authorities to bring the perpetrators of such acts to UN justice, Mr. Annan said the ruling appeared "incommensurate" with what was known to have been deliberate and brutal killings.

4. Below is the full text of a report from UN Wire, the news briefings from the United Nations Foundation (http://www.unfoundation.org), of Friday 4 May 2001.

   EAST TIMOR: UNHCR Outraged At Light Sentences In Killings

   The UN High Commissioner for Refugees today expressed outrage after an Indonesian court handed down light sentences to the six East Timorese men accused of inciting and participating in the mob attack that led to the murder of three UNHCR staff members in September.

   The UNHCR said it is "deeply disturbed by the light sentences," which it said "make a mockery of the international community's insistence that justice be done in this horrific case." The agency also said that in light of assurances from Indonesia "that the murders would be fully investigated and the perpetrators brought to trial, today's outcome leaves us extremely disappointed." It said it will study the judgements before taking further action (UNHCR release, 4 May).

   The six defendants accused of the 6 September attack on the UNHCR office in the West Timorese town of Atambua received sentences ranging from 10 to 20 months.

   "It has been legally and definitely proved the accused ... did the brutal act in public against people that resulted in death," Judge Anak Agung Gede Dalem said.

   According to the judge however, three of the defendants could not be charged with manslaughter because "the elements that caused the UN officers' deaths cannot be proved to be (linked to the defendants) ... because the action was perpetrated by a mob" (Irish Times, 4 May). Instead of manslaughter, those three were convicted of "conspiring to foment violence" and given prison sentences ranging from 16 to 20 months (BBC Online, 4 May).

   The other three defendants were found guilty of "damaging property and committing acts of violence in a public place" and were given sentences ranging from 10 to 15 months (LUSA News Agency, 4 May, UN Wire translation).

   The defendants said they are proud of their actions. "I accept the sentence with pride because I did what I did to defend (Indonesia's) red and white flag," said Julius Maisama, who received the longest sentence of the six, 20 months.

   "My clients made a mistake because three people got killed," said the defendants' lawyer, Suhardi Sumomulyono. "But it was a mob attack and they were not the only ones responsible" (Associated Press/Sydney Morning Herald, 4 May).