RESOLUTION B3-0378, 0381 and 0405/93

Resolution on the trial of Xanana Gusmao and human rights in East Timor

The European Parliament,

-having regard to its resolution of 21 January 1993 on the trial of the former leader of the Timor resistance, Xanana Gusmao,

A.whereas the defence counsel, who was, moreover, unofficially appointed by the Indonesian authorities, has continually argued, albeit without success, that the latter have no legal right to try Xanana Gusmao,

B.whereas the first stage of the trial has seriously increased the worst fears about the purely arbitrary nature of a trial which lacks the slightest legal basis,

C.whereas the judgment is expected in the next two or three weeks,

D.mindful of the most recent report by Amnesty International which showed that the systematic violation of human rights was still Indonesia's real policy in East Timor,

E.whereas, finally, under Indonesian law, the crimes with which Xanana Gusmao is charged can result in the death penalty,

1.Reaffirms its previous positions on East Timor to the effect that the people of that territory have the right to unrestricted self-determination and that consequently all the acts of mass repression which have been violently perpetrated since 1975 by the occupying Indonesian authorities must cease immediately;

2.Emphasizes and supports the position of the Council, as recently reaffirmed by the Danish presidency before the UN Commission on Human Rights, as regards both the defence of human rights and the political solution of the problem in line with the relevant UN resolutions and the instructions given to its Secretary-General;

3.Reaffirms that the trial of Xanana Gusmao is completely illegal and repeats that it will not accept any conviction resulting from the trial in view of the Indonesian court's complete lack of legitimacy or competence in the matter;

4.Instructs its Subcommittee on Human Rights to include East Timor in its work programme as a matter of urgency with a view to carrying out an in-depth analysis and possibly making proposals ;

5.Reminds its President of the need to ensure that the planned visit of an ad hoc parliamentary delegation to Jakarta and Dili takes place without delay so that it can obtain detailed information on the situation in East Timor;

6.Repeats its profound concern at the fact that the situation in East Timor is already seriously affecting not only relations between the EEC and Indonesia but even relations between the EEC and the ASEAN Group - relations whose development is regarded as of major importance by both sides but which, as a general principle, must reflect respect for international law and the observance of human rights;

7.Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN Secretary-General and the Government of the Republic of Indonesia and the other ASEAN countries.