E19 UNCLASSIFIED RELEASED IN FULL CONFIDENTIAL PAGE 01 ACTION H-01 INFO JAKART 02977 01 OF 02 PTQ7115 290710Z LOG-OO 10-00 DS-OO EAP-01 EB-OO EUR-01 TEDE-OO ADS-OO OIC-02 SS-OO DSCC-OO SAS-OO ------------------4308B8 290710Z 38 R 290706Z MAY 98 FM AMEMBASSY JAKARTA TO SECSTATE WASHDC 1829 INFO ASEAN COLLECTIVE AMEMBASSY TOKYO AMEMBASSY CANBERRA USMISSION GENEVA AMEMBASSY ROME AMEMBASSY LISBON USMISSION USUN NEW YORK USCINCPAC 'HONOLULU HI AMCONSUL SURABAYA INR-OO 005W CON F IDE N T I A L SECTION 01 OF 02 JAKARTA 002977 ROME FOR THE VATICAN CINCPAC FOR FPA TEARE STATE FOR EAP PIMBS EB OMA AND INR IL E O 12958 DECL 5 29 2008 TAGS PHUM SCUL PGOV SOCI PINR ID SUBJECT CODEL SMITH MEETS WITH HUMAN RIGHTS COMMISSION VICE CHAIRMAN MARZUI I DARUSMAN 1 U CLASSIFIED BY POLCOUNS ED MCWILLIAMS REASON 1 5 D CONFIDENTIAL CONFIDENTIAL PAGE 02 JAKART 02977 01 OF 02 UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY CHARLES E LAHIGUERA DATE CASE ID 14 JUL 2006 200502473 290710Z UNCLASSIFIED UNCLASSIFIED 2 U SUMMARY HUMAN RIGHTS COMMISSION VICE CHAIRMAN MARZUKI DARUSMAN TOLD CODEL SMITH ON MAY 25 THAT THE ARMED FORCES HAD SO FAR ISSUED ONLY PARTIAL ANNOUNCEMENTS OF IT FINDINGS REGARDING THE MAY 12 SHOOTINGS OF TRISAKTI STUDENTS AND THAT THERE APPEARED TO BE A SPLIT BETWEEN THE MILITARY AND POLICE OVER WHO WAS RESPONSIBLE FOR THE SHOOTINGS HE ALSO EMPHASIZED THAT THE ISSUE OF DISAPPEARANCES HAD NOT BEEN RESOLVED AS FIVE OF THE GROUP OF TWELVE THAT HAD DISAPPEARED AT AROUND THE SAME TIME REMAINED UNACCOUNTED FOR BOTH THE HUMAN RIGHTS COMMISSION AND THE ARMED FORCES INVESTIGATING TEAM HAD FOUND THAT LASER EQUIPPED RIFLES WERE USED IN THE SHOOTINGS SAID MARZUKI AND HE NOTED THAT THE SPECIAL FORCES KOPASSUS HAD THIS TYPE OF EQUIPMENT WHILE THE POLICE DID NOT MARZUKI BELIEVED THAT THE NEW GOVERNMENT WAS MOVING TOO SLOWLY ON THE ISSUE OF POLITICAL PRISONERS AND DID NOT SEEM TO BE PREPARED TO CARRY OUT AN ALL OUT RELEASE HE CALLED EAST TIMORESE RESISTANCE LEADER XANANA GUSMAO REGARDED AS A COMMON CRIMINAL BY THE GOI A POLITICAL PRISONER FULL STOP WHO SHOULD BE RELEASED ALONG WITH OTHER POLITICAL PRISONERS AND ARGUED THAT THE THOSE STILL IMPRISONED FROM THE 1965 ATTEMPTED COUP SHOULD BE RELEASED ON HUMANITARIAN GROUNDS MARZUKI SAID THAT THE LANGUAGE AND DISCOURSE ON HUMAN RIGHTS IN INDONESIA WAS PICKING UP BUT THAT THERE WAS A MISMATCH BETWEEN WHAT WAS BEING PROFESSED' AN_D WHAT WAS BEING DONE BY THE GOVERNMENT TO PROMOTE HUMAN RIGHTS END SUMMARY INVESTIGATION INTO TRISAKTI SHOOTINGS AND DISAPPEARANCES 3 C HUMAN RIGHTS COMMISSION VICE CHAIRMAN MARZUKI DARUSMAN DURING A MEETING WITH CODEL SMITH CONGRESSMAN SMITH AND SENIOR STAFFER GROVER JOSEPH ES ON MAY 25 QUESTIONED WHY THE MILITARY WAS MAKING PARTIAL ANNOUNCEMENTS OF ITS FINDINGS ON THE CONFIDENTIAL CONFIDENTIAL PAGE 03 JAKART 02977 01 OF 02 290710Z TRISAKTI SHOOTINGS HE REFERRED TO THE FACT THAT ARMED FORCES COMMANDER WlRANTO HAD SAID THAT MORNING THAT THE INVESTIGATION HAD REACHED A STAGE WHERE HE COULD ANNOUNCE THAT MILI ARY ELEMENTS WERE INVOLVED BUT DID NOT PROVIDE MUCH ELABORATION NOTE ACCORDING TO LOCAL PRESS REPORTING WlRANTOSAID THAT 14 ARMED FORCES PERSONNEL WERE IMPLICATED IN THE TRlSAKTI SHOOTINGS AND EIGHT WERE PRIMARY SUSPECTS HE ALSO SAID THAT n A FEW MEMBERS FROM ANOTHER UNIT WERE FOUND TO HAVE BEEN TAKING NONPROCEDURAL AND UNDISCIPLINED ACTION DURING THE INCIDENT END UNCLASSIFIED UNCLASSIFIED NOTE MARZUKI COMMENTED THAT THE INVESTIGATING TEAM FORMED BY THE ARMED FORCES SEEMED TO KNOW WHAT IT WAS DOING AND TO BE DETERMINED TO GET TO THE BOTTOM OF THE SHOOTINGS AND THAT ALL MEMBERS OF THE ARMED FORCES TEAM HAD GOOD REPUTATIONS 4 e MARZUKI WAS ALSO CONCERNED THAT THERE APPEARED TO BE A DIVERGENCE OF VIEWS BETWEEN THE POLICE AND MILITARY AS TO WHO WAS INVOLVED IN THE SHOOTINGS THE POLICE HAD TOLD THE COMMISSION THEY WERE NOT IMPLICATED WHEREAS OTHER AUTHORITIES HE DID NOT SPECIFY WHOM WERE SAYING IT WAS THE POLICE HE SAID THAT BOTH THE ARMED FORCES AND HUMAN RIGHTS COMMISSION INVESTIGATORS FOUND THAT LASER EQUIPPED RIFLES HAD BEEN USED IN THE TRISAKTI SHOOTINGS HE CONTENDED THAT THE SPECIAL FORCES KQPASSUS HAD THIS TYPE OF EQUIPMENT AND THE POLICE DID NOT HE SAID THAT THE HUMAN RIGHTS COMMISSION WOULD RELEASE THE RESULTS OF ITS INVESTIGATION INTO THETRISAKTI SHOOTING BY THE END OF THE WEEK NOTE ON MAY 27 THE COMMISSION ANNOUNCED THAT IT HAD RECEIVED STRONG INDICATIONS THAT THE POLICE DID NOT USE LIVE AMMUNITION END NOTE 5 C MARZUKI WORRIED THAT GIVEN THE RECENT ATTENTION FOCUSSED ON THE TRISAKTI SHOOTINGS THE ARMED FORCES COMMISSION CONFIDENTIAL CONFIDENTIAL PAGE 04 JAKART 02977 01 OF 02 290710Z INVESTIGATING THE SHOOTINGS AND THE DISAPPEARANCES WAS NOW FOCUSSING MOSTLY ON THE FORMER HE EMPHASIZED THAT OF THE 12 MISSING FIVE REMAINED UNACCOUNTED FOR HE EXPRESSED THE BELIEF THAT THE DISAPPEARANCES AND THE SHOOTINGS HAD THE COMMON ELEMENT OF BEING ORGANIZED AND WERE LIKELY RELATED POLITICAL PRISONERS XANANA IS A POLITICAL PRISONER FULL STOP 6 C MARZUKI SAID THAT THE NEW GOVERNMENT WAS MOVING TOO SLOWLY ON THE ISSUE OF POLITICAL PRISONERS AND DID NOT SEEM PREPARED TO ENGAGE IN AN ALL OUT RELEASE IT WAS GETTING OFF TO A WEAK START BY RELEASING ONLY TWO MUCHTAR PAKPAHAN AND SRI BINTANG PAMUNGKAS AND THEN ANNOUNCING THAT THE REST WOULD BE CONSIDERED ON A CASE BY CASE BASIS HE ACKNOWLEDGED THAT THERE WAS NO COMPLETE AND ACCURATE LIST OF POLITICAL PRISONERS IN INDONESIA THE COMMISSION WAS WORKING WITH A LIST OF ABOUT 70 PRISONERS SENTENCED IN POLITICALLY RELATED CASES HE DIVIDED POLITICAL PRISONERS INTO THREE CATEGORIES REFORMISTS LIKE BINTANG AND UNCLASSIFIED UNCLASSIFIED CONFIDENTIAL NNNNPTQ7116 CONFIDENTIAL PAGE 01 ACTION H-01 INFO JAKART 02977 02 OF 02 PTQ7116 290710Z LOG-OO IO-OO DS-OO EAP-01 EB-OO EUR-01 TEDE-OO ADS-OO OIC-02 SS-OO DSCC-OO SAS-OO ------------------4308BA 290710Z 38 R 290706Z MAY 98 FM Al tEMBASSY JAKARTA TO SECSTATE WASHDC 1830 INFO ASEAN COLLECTIVE AMEMBASSY TOKYO AMEMBASSY CANBERRA USMISSION GENEVA AMEMBASSY ROME AMEMBASSY LISBON USMISSION USUN NEW YORK USCINCPAC HONOLULU HI AMCONSUL SURABAYA CON F IDE N T I A L SECTION 02 OF 02 J TA 002977 UNCLASSIFIED INR-OO 005W UNCLASSIFIED ROME FOR THE VATICAN CINCPAC FOR FPA TEARE STATE FOR EAP PIMBS EB OMA AND INR IL E O 12958 DECL 5 29 2008 TAGS PHUM SCUL PGOV SOCI PINR ID SUBJECT CODEL SMITH MEETS WITH HUMAN RIGHTS COMMISSION VICE CHAIRMAN MARZUKI DARUSMAN PAKP HAN REGIONAL EAST TIMOR IRIAN JAYA ACEH AND CONFIDENTIAL CONFIDENTIAL PAGE 02 JAKART COMMUNISTS PKI 02977 02 OF 02 290710Z 7 C MARZUKI BELIEVED THAT EAST TIMORESE RESISTANCE LEADER XANANA GUSMAO WHO THE GOVERNMENT CALLED A COMMON CRIMINAL WAS A POLITICAL PRISONER FULL STOP HE EXPLAINED THAT XANANA WAS FIGHTING IN THE FIRST PLACE BECAUSE THE INDONESIAN GOVERNMENT HAD MISUSED THE ARMED FORCES IN EAST TIMOR WHILE THE COMMISSION WOULD NOT BECOME INVOLVED IN THE POLITICAL ISSUES SURROUNDING EAST TIMOR'S FUTURE AS THAT WAS A MATTER FOR THE INTERNATIONAL COMMUNITY TO HANDLE MARZUKI STRONGLY BELIEVED THAT XANANA'S RELEASE WAS A PREREQUISITE FOR ANY OVERALL SOLUTION OTHERWISE THERE WAS NO CHANCE OF OBTAINING THE GOOD WILL OF THE TIMORESE MARZUKI SAID THAT THOSE INDONESIAN COMMUNIST PARTY MEMBERS PKI STILL IN JAIL CONVICTED OF INVOLVEMENT IN THE 1965 ATTEMPTED COUP SHOULD BE RELEASED ON HUMANITARIAN GROUNDS NATIONAL ACTION PLAN ON HUMAN RIGHTS 8 C MARZUKI SAID THAT THE GOVERNMENT WOULD BE LAUNCHING A NATIONAL ACTION PLAN ON HUMAN RIGHTS HOPEFULLY IN JUNE THIS PLAN HAD BEEN PREPARED BY THE GOVERNMENT WITH THE COMMISSION'S ASSISTANCE IT WOULD INVOLVE STEPS SUCH AS THE RATIFICATION OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS WITHIN FIVE YEARS HE ALSO MENTIONED THAT THE INDONESIAN GOVERNMENT'S INTERNAL BROAD GUIDELINES ON STATE POLICY APPROVED IN MARCH CONTAINED LANGUAGE ON HUMAN RIGHTS UNCLASSIFIED UNCLASSIFIED 9 C MARZUKI WAS ENCOURAGED THAT ALL OF THIS MEANT THAT THE LANGt AGE AND DISCOURSE ON HUMAN RIGHTS IN INDONESIA WAS PICKING UP II CONFIDENTIAL CONFIDENTIAL PAGE 03 JAKART 02977 02 OF 02 290710Z 10 C HE WAS CONCERNED HOWEVER THAT THERE WAS A MISMATCH BETWEEN WHAT WAS BEING PROFESSED AND WHAT WAS BEING DONE BY THE GOVERNMENT TO PROMOTE HUMAN RIGHTS HE POINTED SPECIFICALLY TO THE FAILURE TO ENGAGE IN A BOLDER PROGRAM OF RELEASING POLITICAL PRISONERS PARA 6 PAST CASES 11 eC WHEN ASKED ABOUT THE JULY 27 1996 VIOLENT TAKEOVER OF THE INDONESIAN DEMOCRATIC PARTY HEADQUARTERS MARZUKI SAID THAT THE GOVERNMENT HAD NEVER FULLY RESPONDED TO THE COMMISSION'S REPORT ON THIS EVENT THOSE MEGAWATI SUPPORTERS TRIED FOR DEFENDING THE HEADQUARTERS HAD BEEN SENTENCED TO TIME SERVED AND THEN RELEASED THE ISSUE OF THOSE MISSING AFTER THE TAKEOVER HAD NEVER BEEN RESOLVED THE NUMBER OF UNACCOUNTED FOR HAD DROPPED TO SIXTEEN AND THAT LIST WAS INTEGRATED INTO THE NORMAL MISSING PERSONS LIST KEPT BY THE POLICE 12 C WHEN ASKED ABOUT THE OFFICIAL INVESTIGATION INTO THE 1991 DILl MASSACRE HE SAID THAT THE OFFICIAL NUMBER OF 56 UNACCOUNTED FOR HAD NOT CHANGED AS FAR AS HE WAS AWARE ROY CONFIDENTIAL UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu