The title of the Final Report, Per Memoriam ad Spem, is from Latin which means through memory towards hope. The rice stalk in brown gradation represents peace and prosperity which is the substance contained in the element of hope. Combined with the Mandate of the Commission to seek conclusive truth in the form of reconciliation that is manifested trhough forgiving but not forgetting, the design of the Commission’s cover provides the whole substance to the title Per Memoriam ad Spem as a reflection of the Commission’s mandate. FINAL REPORT OF THE COMMISSION OF TRUTH AND FRIENDSHIP (CTF) INDONESIA - TIMOR-LESTE FOREWORD Based on shared experience that has been passed and prompted by a strong desire to move forward in order to strengthen peace and friendship, Indonesia and Timor Leste have resolved to settle residual issues of the past through common effort. It is a fact that the people of the two nations have gone through a lengthy road in overcoming a part of their sometimes painful past. With the noble spirit and resolve to learn from the causes of past violence in order to strengthen the foundation for reconciliation, friendship, peace, and prosperity, this common effort was realized by the Governments of Indonesia and Timor-Leste through the establishment of the Commission of Truth and Friendship (CTF) Indonesia – Timor Leste. After going through initial stages of designing its work system that was not easy and a process full of challenges, the Commission was finally able to finish a Report addressing one of the residual issues between Indonesia and Timor Leste regarding various acts of violence surrounding the Popular Consultation in East Timor in 1999. Based on its mandare, the Commission was tasked with establishing the Conclusive Truth regarding human rights events reported to have occurred prior to, immediately after the Popular Consultation on 30 August 1999 and to prepare recommendations that can contribute to healing wounds of the past and strengthen friendship. These recommendations are aimed at realizing a peaceful and prosperous future for the two nations that will become their shared historical record. The Final Report of the Commission entitled Per Memoriam Ad Spem, is the Commission’s answer to its mandate as stipulated in the Commission’s Terms of Reference. Since it officially began exercising its mandate on 11 August 2005, the Commission has designed metholodogies and programs intended to reveal the Conclusive Truth regarding human rights violations in 1999 in three main phases, namely: the first phase, Document Review of four bodies of documents from KPP-HAM Timor Timur, CAVR Timor Leste, the Jakarta Ad Hoc Human Rights Tribunal and the Special Panels for Serious Crimes in Dili; the second phase is implementing the Fact Finding process; and the third phase is preparing the Commission’s Final Report. The Commission’s Final Report was a result of a combined analysis of Findings and Conclusions from the Commission’s Document Review Process and Fact Finding Process. This Report basically is an accounting of the Commission’s work results for two-and-a-half years since it began working in the last quarter in 2005. This Report also serves as CTF’s answer, the first bilateral Commission in the world, for the mandate given by the two heads of state as stipulated in its Terms of Reference. From the entire process of truth seeking, the Commission has learned and reflected on all views in the Commission’s Report that has been prepared in an atmosphere of openness, common acceptance/consensus and with a future-oriented reconciliatory approach. The Commission hopes that “Per Memoriam Ad Spem” will open up hope in the future. The result of the Commission’s work contributes to the leadership of two nations to accept events of the past with openness and sincerity and together formulate real measures towards changes in the future. The Commission believes that events of the past can never shackle the two nations in a space devoid of hope. History must be accepted and agreed as a common footstep to open a new page of history. Revealing events of the past based on factual and conclusive truth serves as the foundation for the two nations to pave a new road towards cooperation that is empowering each other in the spirit of eternal friendship. There is sincere intention from the Commission to make this Report as one of the joint efforts that is important to the two nations to move forward and fill the friendship between the two by oerienting to the future. For that reason a need is felt to build and strengthen the pillars of piece and friendship that can reach all layers of society in the two nations. It is on this basis that the Commission has chosen to use a Latin phrase as the title of this Report, that is, Per Memoriam Ad Spem, which means, more or less, to look into and take lessons from past experience towards a future full of hope. In the exercise of its mandate, the Commission has received valuable support from the leadership of the two states, government institutions, expert advisors, academics and other sources, media, non-governmental organizations and individuals, both in Indonesia and in Timor-Leste. For that reason, the Commission would like to extend its highest gratitude and appreciation to: [presidents, PMs, foreign ministers, government officials, police and military of two states, Bali provincial government, NTT, Prof. Dr. David Cohen, Preacher Bob and Alice in Wonderland, academics, NGOs, and many others whom we cannot mention one by one] Presiden Republik Indonesia dan Presiden serta Perdana Menteri Republica Demokratica de Timor Leste beserta seluruh jajaran pejabat dan lembaga pemerintahan di kedua negara; Menteri Luar Negeri Republik Indonesia dan Republik Demokrasi Timor Leste; Pejabat sipil, polisi dan militer di kedua negara; Pemerintah Propinsi Bali beserta segenap jajarannya yang telah menyediakan tempat dan membantu Komisi sehingga aspek pengorganisasian dalam pelaksanaan mandat dapat dilakukan dengan lancar; Pemerintah Propinsi Nusa Tenggara Timur beserta jajarannya; Prof. Dr. David Cohen, ahli Hukum Pidana Internasional dan Direktur Pusat Studi Kejahatan Perang dari University of California, Berkeley, Amerika Serikat beserta seluruh tim penelitinya; Prof. Dr. Robert Evans, Direktur, Plowshares Institute, Amerika Serikat, beserta Dr. Alice Evans; ii Para narasumber dan akademisi baik dari kedua negara maupun dari kalangan internasional, yang telah memberikan pencerahan mengenai aspek-aspek yang terkait dengan konteks dan konstelasi masalah Timot Timur termasuk periode menjelang, pada saat dan sesudah jajak pendapat di Timor Timur tahun 1999; Lembaga Swadaya Masyarakat di Indonesia, Timor Leste, dan internasional, serta Centre for Internal Displacement Service (CIS) Kupang dan Komisi Keadilan dan Perdamaian Keuskupan Kupang; Kalangan media massa baik cetak maupun elektronik baik dari kedua negara maupun dari kalangan internasional; Semua pihak yang tidak mungkin dapat disebutkan satu persatu, atas kerjasama, kemitraan, saran dan kritik yang sangat membantu Komsi dalam menjalankan tugasnya. Specifically the Commission would like to thank the Heads [sic] of the Joint Secretariat, as well as all staff, including the translation team, despite being split into Indonesia and Timor- Leste {now why would we want to say this???}, have in an integrated fashion enable this Final Report to be materialized according to their respective roles. Most importantly, the Commission would like to profoundly state its highest appreciation to all parties who have fulfilled the Commission’s invitation to appear and participate in the Commission’s process to reveal the Conclusive Truth. The Commission realizes and appreciates the opinions as well as testimonies conveyed by each individual who appeared before the Commission as input to be further analyzed in the Commission’s process. The world has seen many Truth and Reconciliation Commission, but this Commission is the first Truth and Friendship Commission in the world formed between two states, and will become a historic precedent as a comparison for other such Commissions that could be established in the future. Its nature as the first bi-national Commission in the world, aside from basing its mandate on the concept of restorative justice that is not linked with retributive justice, the Terms of Reference also provides a challenege to the Commission to seek institutional responsibility, [a concept] that is not recognized in criminal law. All of us, especially those who have been involved in the Commission’s process, have been a part of a historical event. The present generation owes the future generation, even those yet unborn, to mend all broken relationships and lay a strong foundation for a future that shines, and is full of hope. Finally, by quoting a proverb which says that no ivory is not cracked [sic], hereby the Commission submits this Report to the Leaders of Indonesia and Timor Leste according to the mandate mandated to the Commission. It is our hope that this Report would serve as ann important step to open up a new page in the relationship between the two nations. Denpasar, 31 Maret 2008 Komisi Kebenaran dan Persahabatan Indonesia – Timor Leste iii v REFLECTION BY THE COMMISSION Both Indonesian and Timor-Leste commissioners have worked together since August 2005 until May 2008 as part of the Commission of Truth and Friendship Indonesia Timor-Leste. The responsibility borne by the commissioners in carrying out the mandate to seek the conclusive truth and to build reconciliation and friendship between the peoples of Indonesia and Timor-Leste is not a light one. On such realization, the Commissioners would like to extend their gratitude to the mandate givers from the Republic of Indonesia and the Democratic Republic of Timor-Leste for the trust given to us, the commissioners, who were appointed to sit in the Commission of Truth and Friendship Indonesia – Timor-Leste. We too have gained experience from the process of exercising the mandate of the Commission, that it is not easy to reach agreements on the conclusive truth.