US embassy cable - 92JAKARTA15886

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 15886 
 
 
E.O. 12356:  N/A 
TAGS:  PHUM, PINS, PGOV, UN, PO, ID 
SUBJECT:  "XANANA" GUSMAO TO BE TRIED AS CRIMINAL 
 
REFS: A. JAKARTA 15387, B. JAKARTA 15051, C. JAKARTA 
14905, D. JAKARTA 14491 
 
 
1.  CONFIDENTIAL - ENTIRE TEXT. 
 
:SUMMARY 
:------- 
 
2.  INDONESIAN NATIONAL POLICE CHIEF KUNARTO TOLD 
REPORTERS DEC. 28 THAT CAPTURED EAST TIMOR GUERRILLA 
LEADER JOSE "XANANA" GUSMAO WOULD BE TRIED ON A NUMBER OF 
CRIMINAL CHARGES; HE DID NOT MENTION ANY CHARGES UNDER 
THE ANTI-SUBVERSION LAW.  KUNARTO SAID THE TRIAL WOULD 
PROBABLY BE HELD IN DILI AND WOULD BEGIN IN JANUARY IF 
THE POLICE INVESTIGATION IS CONCLUDED ON SCHEDULE.  A 
HUMAN RIGHTS LAWYER WITH THE INDONESIAN BAR ASSOCIATION 
(IKADIN) TOLD EMBOFF GUSMAO'S WIFE HAD DESIGNATED THE 
INDONESIAN LEGAL AID INSTITUTE (LBH) TO DEFEND HER 
HUSBAND, BUT LBH HAD SO FAR BEEN UNABLE TO INFORM GU"MAO 
OF THIS.  THE LAWYER FEELS KUNARTO'S ANNOUNCEMENT 
PROBABLY REFLECTS THE OFFICIAL GOI DETERMINATION 
REGARDING CHARGES; WHEN HE VISITED POLICE HEADQUARTERS 
TWO WEEKS AGO, A DECISION ON WHETHER OR NOT TO CHARGE 
GUSMAO WITH SUBVERSION WAS STILL PENDING.  END SUMMARY. 
 
POLICE CHIEF ANNOUNCES CHARGES 
:----------------------------- 
 
3.  CHIEF OF THE INDONESIAN NATIONAL POLICE (POLRI) GEN. 
(POL.) KUNARTO TOLD REPORTERS DEC. 28 THAT CAPTURED 
FRETILIN LEADER GUSMAO WOULD BE CHARGED UNDER THE 
INDONESIAN CRIMINAL CODE (KUHP).  ACCORDING TO PRESS 
REPORTS, KUNARTO SAID THE PRINCIPAL CHARGE AGAINST GUSMAO 
WOULD BE FILED UNDER CHAPTER 106 OF KUHP (CONSPIRACY TO 
PLACE ALL OR PART OF THE NATIONAL TERRITORY UNDER THE 
CONTROL OF A FOREIGN GOVERNMENT OR TO SEPARATE PART OF 
THE NATIONAL TERRITORY), WHICH REPORTEDLY CARRIES A 
MAXIMUM PENALTY OF LIFE IN PRISON.  SUBSIDIARY CHARGES 
WILL REPORTEDLY BE FILED UNDER CHAPTER 108 (ARMED 
OPPOSITION TO INDONESIAN AUTHORITY) AND CHAPTER 110 OF 
KUHP, AND UNDER EMERGENCY LAW NO. 12 OF 1951 (ILLEGAL 
STOCKPILING OF FIREARMS).  PRESS REPORTS DID NOT MENTION 
ANY REFERENCE BY KUNARTO TO CHARGES UNDER THE 
ANTI-SUBVERSION LAW OF 1963. 
 
4.  KUNARTO ALSO WAS QUOTED AS SAYING GUSMAO WOULD 
"PROBABLY" BE TRIED IN DILI, CONFIRMING EARLIER GOI 
STATEMENTS.  PROVIDED THE ONGOING POLICE INVESTIGATION OF 
GUSMAO IS CONCLUDED ON SCHEDULE, KUNARTO SAID, THE CASE 
SHOULD BE TRANSFERRED TO PROSECUTORS SHORTLY, AND THE 
TRIAL WOULD BEGIN IN JANUARY.  ASKED ABOUT PERMISSION TO 
INTERVIEW GUSMAO, KUNARTO TOLD JOURNALISTS NOT JUST 
ANYONE COULD MEET WITH THE FRETILIN LEADER, ADDING THERE 
WERE ALSO PROBLEMS WITH LANGUAGE. 
 
:HUMAN RIGHTS LAWYERS SEEK ACCESS 
:-------------------------------- 
 
5.  FRANS HENDRA WINARTA, A PROMINENT HUMAN RIGHTS LAWYER 
WHO WAS PART OF THE IKADIN-LBH TEAM WHICH DEFENDED 
TIMORESE TRIED FOR INVOLVEMENT IN THE DEMONSTRATION WHICH 
PRECEDED THE KILLINGS IN DILI ON NOV. 12, 1991, AND A 
SUBSEQUENT PROTEST IN JAKARTA, TOLD EMBOFF A FAX FROM 
GUSMAO'S WIFE IN AUSTRALIA HAD BEEN RECEIVED APPOINTING 
LBH TO DEFEND HER HUSBAND.  ON THE BASIS OF THIS FAX, 
WINARTA AND LAWYERS FROM LBH VISITED POLRI HEADQUARTERS 
TWO WEEKS AGO IN A VAIN ATTEMPT TO GAIN ACCESS TO 
GUSMAO.  THEY WERE TOLD GUSMAO HAD ALREADY APPOINTED 
ANOTHER ATTORNEY TO DEFEND HIM.  (PRESS REPORTS HAVE 
MENTIONED SOEDJONO, A JAKARTA LAWYER, AS THE COUNSEL 
PURPORTEDLY CHOSEN BY GUSMAO.)  ACCORDING TO WINARTA, 
HOWEVER, LBH HAS RELIABLY CONFIRMED THAT GUSMAO HAS NOT 
YET APPOINTED DEFENSE COUNSEL. 
 
6.  WINARTA SAID HE WAS TOLD AT THE TIME OF HIS VISIT TO 
POLRI HEADQUARTERS THAT THE GOVERNMENT HAD NOT YET 
DECIDED WHETHER OR NOT TO CHARGE GUSMAO WITH SUBVERSION. 
HE FEELS KUNARTO'S STATEMENT AS REPORTED IN THE PRESS 
PROBABLY REFLECTS THE GOI'S DECISION ON THE MATTER. 
WINARTA HAS HEARD GUSMAO WILL ALSO BE CHARGED WITH MURDER 
(CHAPTER 338 OF KUHP).  HE DESCRIBED THE APPARENT 
DECISION NOT TO FILE SUBVERSION CHARGES AS "FUNNY," 
CONSIDERING A NUMBER OF PARTICIPANTS IN DEMONSTRATIONS 
ALLEGEDLY "MASTERMINDED" BY GUSMAO WERE TRIED AND 
CONVICTED OF SUBVERSION EARLIER THIS YEAR.  HE SPECULATED 
THE GOI'S DECISION WAS THE PRODUCT OF NEGOTIATIONS 
BETWEEN THE GOI AND ANOTHER PARTY OR PARTIES, POSSIBLY 
INCLUDING GUSMAO HIMSELF.  WINARTA SAID HE HOPES TO 
REPRESENT GUSMAO IN HIS TRIAL BUT ADMITS LANGUAGE COULD 
POSE DIFFICULTIES, SINCE HE SPEAKS NEITHER PORTUGUESE NOR 
TETUN. 
 
:COMMENT 
:------- 
 
7.  KUNARTO'S ENUMERATION OF CHARGES AGAINST GUSMAO 
APPEARS TO CONFIRM REPORTS THE FRETILIN LEADER WOULD BE 
TRIED ONLY ON CRIMINAL CHARGES (REF C).  WINARTA'S AND 
LBH'S DIFFICULTIES IN OBTAINING ACCESS TO GUSMAO, AND THE 
APPARENT EFFORT TO DESIGNATE A DEFENSE COUNSEL FROM 
OUTSIDE THE HUMAN RIGHTS COMMUNITY, ARE REMINISCENT OF 
THE EARLY STAGES OF LAST SPRING'S SUBVERSION TRIALS IN 
DILI.  WINARTA HAS PROMISED TO KEEP US UP-TO-DATE ON 
DEVELOPMENTS ON THIS FRONT, AND WE WILL CHECK IN WITH LBH 
WHEN ITS MEMBERS RETURN FROM VACATION ON JAN. 4.  END 
COMMENT. 
 
 
BARRY