Civil Society Alliance Press Release
“Pro-Independence people must be killed”- Eurico Guterres
On the evening of April 17, 1999, during the Grand Ceremony of the Mineral Water Company in Swakarsa, the Aitarak troops and the Integration Fighters Force commanded by Eurico Guterres were present fully armed in front of the office of the Governor of East Timor Province. They carried arrows, spears, machetes, machetes, stabbing weapons, stabbing weapons, firearms, and homemade firearms, while listening to Eurico Guterres' speech read by his men. After the commander's speech was over, the masses of the Aitarak group and the Integration Fighters Force dispersed from the rally and went straight to attack the house of Manuel Viegas Carrascalao, which is inhabited by 136 refugees, and the house of Leandro Isac. After the speech and seeing the crowd rushing to attack, Eurico Guterres just remained silent. Not trying to prevent the masses under his command, command and control from attacking the house of Manuel Viegas Carrascalao.
Today, Thursday (12/08), President Joko Widodo gave the Bintang Jasa Utama award to Eurico Guterres, like dripping vinegar on the victim's wound. Again, the narrow space for efforts to resolve gross human rights violations continues to experience pressure and recession. In 2002, Eurico Guterres was sentenced to 10 years in prison by the Panel of Judges at the Ad Hoc Human Rights Court for the East Timor case. The decision was even strengthened to the level of cassation in the Supreme Court (2006). Although in the end he was released through judicial review in 2008, in legal considerations the previous decision Eurico Guterres was found guilty of crimes against humanity in East Timor.crimes against humanity) di Timor Timur.
The verdict against Eurico Guterres was not without blemish. In his verdict, the judge sentenced Eurico to the offense by omission, even though during the examination process at trial, witness statements, evidence, and explanations from the prosecutor in the requisatoir clearly indicated that Eurico Guterres' actions were by commission. In addition, the judicial review ruling that acquitted Eurico Guterres of punishment also confirms David Cohen's (2003) criticism of the East Timor trial as a trial that was meant to fail. The Panel of Judges for the Judicial Review considers the attack carried out after the grand assembly to be considered a riot, so it is considered to have occurred without any prior planning. Even though the speech act and mass gathering with full weapons and mobilization to the victim's house should describe a malicious intent and actus reus in the incident.
The decision also stated that the attack on the civilian population was not proven, this consideration contradicted the evidence in the previous court that they were refugees. There was a simplification in the review process, which was evident when a member of the Panel of Judges said that the acquittal was well-founded, because Abilio Soares (Governor of East Timor), who was tried in another case, was also acquitted. Even though from the beginning of the investigation process, the cases of Eurico Guterres and Abilio Soares have been separated, and there is no subordinate relationship between Abilio Soares and Eurico Guterres, they are not superiors and subordinates. So it is not true to say that Abilio Soares, the Governor of East Timor, is the superior of Eurico Guterres, and that there is a chain of command between the two. This PK decision shows considerations that tend to be forced.
Furthermore, the awarding of Eurico Guterres today is a serious betrayal of humanity and morality, and undermines the justice of the victims. This choice shows that the Joko Widodo-Ma'ruf Amin government has lost its legitimacy as a government that has both good will and free will. Citing Immanuel Kant's maxim on categorical imperative morality - that "actions must be based on objective moral goals". While the awarding of this award has clearly placed the victim as a mere instrument of power, it is not the goal, let alone the raison d'étre (reason for the existence of) this government. The President's steps clearly demonstrate the banality of power that denies the experiences, aspirations, and advocacy efforts made by civil society and victims in realizing the values of justice and efforts to prevent recurrence. The appreciation of Eurico Guterres sets a bad precedent for the democratization process in Indonesia after it emerged from the shackles of authoritarianism. Instead, the award proves how entrenched the practice of impunity is, even after more than two decades of the Reformation.
Based on the above considerations, we, the Civil Society Alliance from several organizations in Indonesia and Timor Leste, as well as a number of individuals, urge President Joko Widodo to revoke his decision to award the Bintang Jasa Utama award to Eurico Guterres. On the other hand, President Joko Widodo should encourage and ensure that his government apparatus immediately takes strategic, urgent and important steps to resolve cases of gross human rights violations as a whole. The government must immediately carry out its obligations to fulfill the right to know the truth, the right to justice, and the right to reparation.
Jakarta, August 12th, 2021
Organizations: ELSAM, AJAR, IMPARSIAL, IKOHI, KontraS, Sekber ‘65, SKP-HAM, KontraS Aceh, SPKP HAM Aceh, KontraS Surabaya, Pamflet Generasi, Acbit, HAK, JSMP, Fokupers, NVA
Individuals: Roichatul Aswidah, Miryam Nainggolan, Sri Lestari Wahyuningroem, Uchikowati
For further information, please contact: Miftah Fadhli (ELSAM), Ardi Manto (IMPARSIAL), Zaenal Mutaqqien (IKOHI), Inocencio Xavier (AJAR), Fatia Maulidiyanti (KontraS).
English (UK) 
Bahasa Indonesia