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The Price of Peace documents one of East Timor’s Commission for Reception,
Truth and Reconciliation most difficult cases. A young man was arrested,
then disappeared and was most likely killed. When the arresting officer and
the father of the young man are brought face to face it raises challenging
questions about justice and reconciliation.
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Geraldine Doogue:
For the past four years Australian lawyer Patrick Burgess has been part
of a unique mission attempting to mend relationships in a traumatised nation.
He’s been working with members of East Timor’s Commmission for Reception,
Truth and Reconciliation.
Together they’ve travelled the country, facilitating community hearings where
perpetrators of crimes are brought face to face with their victims and their
communities.
Patrick:
The East Timorese population has had a terrible experience of 24 years of
incredible violence, and a lot of manipulation for various political reasons
of the population. And that has led them to be deeply divided.
Jose Ramos-Horta:
So many thousands of Timorese lost a loved one. In some instances half of
the family gone. In some instances almost the whole family disappeared
Father Jovito:
The suffering of the past turn their life to hell. So how can you tell a people
who live in hell that they should forgive. You should leave hell. How can
you take it out from their own life? It is impossible.
Geraldine Doogue:
East Timor’s recent past is a story of oppression and conflict. It was invaded
by Indonesia in 1975. During the next 25 years of military occupation over
a third of the population was wiped out. But before the invasion East Timor
had been at war with itself. After centuries as a Portuguese outpost the
decision to decolonise in 1974 triggered a short but brutal civil war. Brother
was turned against brother.
Xanana Gusmao:
If we talk about human rights. We cannot say only that the external forces
committed violations of human rights and not us. We also, before the invasin
we kill ourselves. We kill our brothers. East Timorese it was a fight between
East Timorese between two political parties.
Geraldine Doogue:
The political split was between those who wanted to be part of Indonesia
and those who wanted independence.
These divisions were never resolved.
During the occupation, those who were pro-Indonesia became policemen, collaborators
and members of an internal militia army. The political split came to a head
in 1999 when the United Nations supervised a referendum to decide whether
East Timor would be absorbed into Indonesia or become an independent nation.
Amid threats of reprisals, an overwhelming 80% of East Timorese voted for
independence. The consequences were devastating.
Patrick:
Immediately following the there was a massive display of anger where the
militia and the Indonesian military went on a rampage, burned 60,000 houses,
500,000 people were displaced. They basically tried to destroy the entire
territory.
It was one of the worst acts of vandalism the world had ever seen.
Father Jovito:
1999 then everyone feel that they lost everything. This is a total destruction.
Destruction of history of human being, destruction of materials, of everything
that belongs to this country, belong to these people. Many of the people
who committed these acts of violence still live within the community.
Patrick:
You cant move on unless you deal to at lest some degree with the past…that
it is a fallacy to say let’s forget the past and move on because people don’t
forget the past. And so a decision was made to create a complimentary mechanism
in which murder, rape, torture and the most serious crimes would be prosecuted
and dealt with by the courts, and the less serious crimes; burning houses,
beating people, stealing animals, stealing money - thousands of those cases
took place – they would be dealt with in a grass roots process in the village
where they took place involving the perpetrators, victims and the Truth Commission.
Geraldine Doogue:
To promote healing at a village level, East Timor has come up with an innovative
legal process. The community reconciliation hearings allow both perpetrators
and victims to have their say.
Woman (at hearing):
I can say that my son was imprisoned during the occupation.
Man (at hearing):
I am sorry. I accept the punishment that I deserve.
Patrick:
When we began this program, and particularly the community reconciliation
procedures, we didn’t know if it would work. It had never been tried anywhere
else in the world. It incorporates traditional law and traditional justice
mechanisms involving the procedures where the spiritual leaders will call
down the ancestors to add solemnity to the process and they will participate
as well in finding a solution.
Geraldine Doogue:
After hearing from both parties to a dispute the community decides whether
the offender can be received back amongst them. They also decide what reparation
must be made. It could be gifts, community service or money… and a formal
agreement is drawn up.
Patrick:
The agreement then gets forwarded to the district court. When the perpetrator
completes those acts he no longer can face and criminal actions and so the
matter is finished.
Geraldine Doogue:
Today Patrick Burgess and some of the commissioners are headed for the town
of Liquica. They are following up on a hearing that proved to be one of their
most difficult cases.
Patrick:
This case involves a Timorese person who worked as a policeman under the Indonesian
occupation. And he was ordered, according to his account, to take a young
man, arrest him and bring him to the police station. Now that young man subsequently
disappeared and everybody believes he was killed.
And so the community and the young man’s father in particular, initially
blamed the policeman for the death of his son.
Geraldine Doogue:
Prior to the hearing the accused policeman Florindo Da Silva had been threatened
and was concerned that it was not safe for him to live in the village.
The hearing gave him the chance to explain himself to the community.
Man (at hearing):
My duty as a police officer during the Indonesian time was to follow orders
to arrest and bring them to the commander and what happens after that or
what actions will follow after that will be the decision of those above.
Geraldine Doogue:
Florindo claimed that although he’d arrested the young man, it was the militia
that was responsible for his disappearance.
Man (at hearing):
I was not present, I did not see it with my own eyes. They took him out I
only found out the next morning from my colleagues… Even the head of the
police was powerless against the militia and the soldiers. What could I do.
I was a nobody.
Geraldine Doogue:
Jose Goncalves is the father of the missing youth. In a formal court he’d
be forced to passively observe the proceedings. But in this hearing he had
the opportunity to challenge Florindo.
Man (at hearing):
Night and day all we could do is wonder if he is alive. The youth of Liquica
were all in your hands. Who is going to live? Who is going to be dead? It
was all in your hands. The youth of liquica – they were in your hands…. who
would live and who would die.
Geraldine Doogue:
Other men came forward to corroborate Florindo’s story. The community decided
to accept Florindo back. But it was a fragile reconciliation. And while the
hearing allowed Florindo to plead his case on the arrest, the issue of the
death remains unresolved.
Patrick:
It’s one of the borderline cases. And we’re interested to see whether the
father of the young boy who was killed maintains his feeling that he can
at least receive the policeman back as a member of that community.
Geraldine Doogue:
Better known by its Portuguese acronym CAVR, the Commission for Reception
Truth & Reconciliation is based in what was the notorious Comarco prison.
This is where the Indonesian military held political prisoners.
The cells and rooms that bore witness to torture now house the Commission’s
burgeoning archive. Many of these files contain horrific stories of rape,
abuse and murder.
Patrick:
There have been a number of trials and the East Timorese who were within
the country of East Timor have been brought to trial and put in prison. But
there are hundreds of Indonesian military officers who have been indicted
by this United Nations sponsored serious crimes process in East Timor who
remain in Indonesia and who haven’t been able to be arrested or brought to
trial.
Geraldine Doogue:
A critical task for the commission has been to document all such cases that
occurred between 1974 and 1999.
Patrick:
Truth commissions in many countries in the world - and there have been now
I believe about 25 different truth commissions throughout the world – usually
one of their main programs is to gather testimonies from thousands of victims,
thousands of witnesses, to compile that into a report so that it stands as
a reliable record of what took place.
Geraldine Doogue:
As part of the process of collecting testimonies, the Commission conducted
a series of televised public hearings. Victims came forward to tell their
stories.
Female (victim):
I was also burned with cigarettes. There were one or two burns on my face
and also on my armpit and my stomach. They did this to prove that they would
not hesitate to do these things to small children, to me, if my mother did
not cooperate.
Geraldine Doogue:
Maria Perreira was only five years old when she and her mother were imprisoned
and tortured by the Indonesian military. Maria was forced to participate
in her mother’s torture.
Female (victim):
I took the bean soup to my mother. I thought it was for her to eat and I
followed the orders. But no when I got there they told me to pour the bean
soup over my mother’s head… Anyway the torture continued. Everyday my mother
was tortured. She was beaten. Every night she was taken out but I was always
beside her. Whether it was morning, afternoon or evening, I was always there
to witness my mother being tortured.
Geraldine Doogue:
Maria is now a high-ranking police officer working in the sexual assault unit.
Speaking at the hearing was an important step in coming to terms with her
past.
Maria:
The public hearing it opened my mind as to think of ways that I am able to
change the mentality of others in the way they behave and their actions so
that the experience I had to endure will never be repeated.
Olandina (Commissioner, CAVR):
The truth is very important to bring out for everyone to hear the truth they
need to know what had happened in the last twenty four years. We cannot now
talk about reconciliation we cannot lay a brand new carpet over a dirty floor
and then walk on the surface ad say that it’s beautiful so it’s better for
us to sweep the floor so that we don’t need to lay the carpet over it and
we can still say that it’s clean.
Geraldine Doogue:
Patrick Burgess and the commissioners have arrived at Liquica. Their first
stop is the home of Florindo Da Silva – the policemen who arrested the missing
young man. This meeting will be a real test of whether the reconciliation
process has worked. Now there’s no intimidation and no threats and for the
victim’s family after the hearing we acknowledged one another.
Man:
So when you acknowledge one another like that do you feel that they still
doubting you? That kind of feeling does it still go through you.
Florindo:
This feeling Father I will always have it. It will always be with me. I think
its normal that there will always be that doubt.
Geraldine Doogue:
Despite his uncertainty about the victim’s family, the process for Florindo
has been positive.
Jovito:
Have you been accepted into the community or is there still resentment. So
how do you feel?
Florindo:
Before the hearing yes there was intimidation. They came in groups looking
for me to beat me during this time. For us who were ex-policeman. Ex-Indonesian
military. After I return to the community the situation was normal the way
that it was.
Patrick:
The way you see it, do you think the process of this hearing has helped healing
in the community of Liquica.
Florindo:
After the hearing the people accepted me. I am now able to live in the community.
Geraldine Doogue:
For the Commissioners this is a great result. Florindo is now able to live
within his own community. But Patrick is still concerned about their next
meeting with the victim’s father.
Patrick:
So I remember at the hearing how unhappy he was about the whole thing and
that’s completely natural because if your son was taken away by the police
and killed and disappeared, you never even recovered the body you would be
totally distraught and incredibly angry.
Geraldine Doogue:
Like many East Timorese Jose Goncalves is trying to rebuild his life. In 1999
his house was burnt down by the militia and 5 years later he still can’t
afford to repair it. But the anguish this causes is nothing compared to loss
of his son.
Jose Ramos-Horta (more likely Jose Goncalves? -- HC)::
In 99 it was Mr. Florindo who first entered this house and took my son.
My son grabbed on to his leg. He even kissed his feet and pleaded… am I going
to die. He said no, you’re not going to die
Jose Ramos-Horta (more likely Jose Goncalves? -- HC):
:
My wife as you can see whenever we have such interviews all she can do is
cry and at times I remind her that it is important for her to speak out and
tell her side of the story.
Mother:
I feel the loss of a son that I no longer have and worst for the unserved
justice.
Patrick:
Snr. Jose do you feel that Mr. Florindo is like a small fish and that thee
are still many big fish outside East Timor that need to be brought back.
Jose Goncalves:
Yes they need to return and answer it in court and I want personally to face
them, That’s all that I’m asking. It’s now nearly six years and we still
have no grave. 36.30
Jose Goncalves:
If I was to face them I will have one thing to ask where has the body been
dumped? Where has the body been dumped?
Jovito:
So do you feel the government should bring the perpetrators back to face
justice. Otherwise the problem has not been resolved.
Jose Goncalves:
The government needs to understand that until now the bodies have not been
found and the culprits are still at large. They talk to us the victims about
things that they are not prepared to act on. It’s like a ball being kicked
back and forth. However we need to see justice served to those responsible.
Geraldine Doogue:
Jose’s demand for justice is a challenge for the commissioners. Their report
to the UN will detail human rights violations and name the perpetrators.
But for many East Timorese this is not enough.
Patrick:
The East Timorese people feel greatly let down by the justice procedures
in terms of bringing what they would call the bigger fish to justice. Those
most responsible for what happened in East Timor still remain free in Indonesia.
They have escaped any form of justice.
Jose Ramos-Horta:
Well for me the greatest act of justice is that we are free. The international
community helped us free ourselves. Indonesia departed, humiliated. And yet
has had the courage, the statesmanship to extend a hand of friendship to
Timor, reconcile with us. Do we want to jeopardise all of this in the pursuit
of justice?
Geraldine Doogue:
During Indonesian occupation Jose Ramos Horta was in exile. He travelled
the world struggling to get support for his country’s fight for independence.
During those years he raged against the injustice of Indonesian military
rule.
Since independence Indonesia has become East Timor’s major trading partner
and shares a volatile border. These days Jose Ramos Horta takes a more conciliatory
line.
Jose Ramos-Horta:
I prefer to really bury the past. Because if we rush we haste with a politically
correct approach but there has to be justice in the prosecutorial sense,
bringing the Indonesian military to justice, well we would undermine the
fragility of the Indonesian democracy. There could be strong backlash from
Muslims, from all the nationalists, from the military. Indonesia could be
destabilised and then there is no chance for democracy in Indonesia. That’s
my point.
Xanana Gusmao:
now it is time to rebuild, rebuild ourselves, our bodies, our families, our
country, our land.
Geraldine Doogue:
Now President of East Timor, Xanana Gusmao was the leader of the resistance
movement. During occupation he hated all things Indonesian. But eight years
in Indonesia as a political prisoner profoundly affected how he felt about
his enemy.
Xanana Gusmao:
I made many friends, Indonesians… the Indonesian people were suffering also
from the regime. Human rights violations, no freedom, poverty also. Many,
many other things that we suffer.
Geraldine Doogue:
From friendship came empathy and Xanana found himself becoming an advocate
for forgiveness.
Xanana Gusmao:
I didn’t reconcile with Indonesia but I reconciled with myself in the mind,
in the spirit of openness, spirit of tolerance. Because the hatred was in
myself, and I started reconciliation with myself.
Olandina:
Certainly our leaders like our President their way of thinking if correct
They say that we should forget our past and for us to focus on the future.
I feel that for the victims it’s a heavy burden for them to forget because
we need to forgive our neighbour to be able build the future
Geraldine Doogue:
For those that have suffered the loss of family and friends the push to forgive
and forget is a big ask.
CAVR Commissioner, Fr. Jovito, still struggles with grief at the death of
his brother in 1975, the price his family paid on the long journey to peace.
Father Jovito:
This is a family proud because we participate in this struggle for independence
and we give the best thing that we have. The suffering and the life of each
East Timorese is quite different. Some of us we have the possibility to forgive,
we have the capacity to forgive. But some of them still live in the past,
still live in the nightmare. Jose and Commissioners finishing meeting and
walking off to bus
Geraldine Doogue:
And to forgive is difficult for a father still grieving the loss of his son.
Jose:
For me I’m still not satisfied because there is no justice. We haven’t come
face to face with those responsible. Reconciliation doesn’t mean we are going
to harm one another it is about finding peace with one another, not hurting
each other. With reconciliation we can embrace one another but before that
I want justice. I want to face those responsible.
Geraldine Doogue:
Maria Periera is unlikely to ever confront the perpetrators of the violence
she suffered as a child. Like many East Timorese she has come to see her
ordeal as part of the country’s long and bitter struggle.
Maria:
I forgive them because back then because I believe that a person doesn’t wish
to torture another without pressure put upon them from someone above. 15.14
They’re performing their duties and it’s a consequence that one has to endure
to gain their independence. And because of that someone ends up a victim.
Jose Ramos-Horta::
We are not able as a human beings to live with hatred, to live always thinking
of the past. You become hostage of your hatred, you become hostage of your
past, you can not charter a life for yourself, a new life for yourselves.
You allow yourself to be punished again and again by the people perpetrated
the violence and make you totally hostage of it.
Geraldine Doogue:
The timeframe of the Commission is coming to an end. Its work has meant over
1500 perpetrators of minor crimes have been accepted back into their communities.
8,000 testimonies of rape, murder and torture will be detailed in the Commission’s
report to the UN. But it is unlikely that the Indonesian military will ever
be brought to account for those war crimes.
Patrick:
There is no easy or clear way forward when you are dealing with justice or
reconciliation after major atrocities have taken place. What we do is we
make a contribution towards it. We grab a little bit of justice and a mechanism
for reconciliation wherever we can... but it’s far short of the perfect solution.
Geraldine Doogue:
The Commission’s work has been crucial in healing the deep pain felt by many
East Timorese. But perhaps real reconciliation can only be achieved through
new generations – children growing up in a country now at peace.
Ends…