Jakarta, ID
Monday, May 28 2012, 07:44 AM

World

RI seeks clarification over Australia's new probe on Balibo Five

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Indonesia is seeking clarification with the Australian Police on its reinvestigation of the deaths of five foreign journalists during the country's 1975 invasion of then East Timor, the Foreign Ministry announced Wednesday.

"We will ask our ambassador to Australia to clarify the matter with the Australian government because we didn't received official notification *about the investigations*. We only heard it from the police press release," Foreign Ministry spokesman Teuku Faizasyah said.

Reuters reported that the Australian Federal Police (AFP) will reopen its investigations to look for evidence of possible war crimes. According to the AFP website, the investigations begun on Aug. 20.

An Australian coroner ruled in 2007 that Australians Greg Shackleton and Tony Stewart, Britons Malcolm Rennie and Brian Peters, New Zealander Gary Cunningham were killed on duty in the East Timorese village of Balibo, to cover up the invasion by the Indonesian Military to its former province.

Faizasyah said he could not comment further on the new probe pending the clarification, but that allegations of "war crimes" by the Australian police were a very serious issue that should be looked into in a fair and just manner.

"It is going to be a very serious issue if the police look into the war crimes allegation. Who authorized them to determine if there were war crimes in a particular conflict?

"We know there have been many wars, including those in Vietnam, Afghanistan and Iraq, and all have had potential cases of war crimes. If *Australia* claims that war crimes took place in Balibo, what about the rest?," he said.

"We considered the case closed and it's final,"said Faizasyah.

Official reports from Indonesian government have said the five died in crossfire with Timorese Fretilin fighters on Oct. 16, 1975, as Indonesian forces entered the region in an incursion ahead of a full-scale invasion of the territory two months later.

Faizasyah said both Indonesia and Timor Leste should not expect to see further hurdles in their diplomatic ties after the new probe, mentioning their settlement over the war through the Commission of Truth and Friendship.

According to its website, AFP said the "investigation of war crimes allegations can be problematic where witnesses and evidence are located offshore, or where a significant period of time has elapsed since the commission of the offense."

"Allegations of war crimes committed overseas give rise to complex legal and factual issues that require careful consideration by law enforcement agencies before deciding to investigate," it said.

If the investigation turned up sufficient new material or evidence, the information would be sent to the Australian government's director of public prosecutions, it said.

In 2001, United Nations investigator said they had enough evidence to prosecute two Indonesians, including former Information Minister Muhammad Yunus Yosfiah, and were preparing to seek an international arrest warrant. Yunus was a captain when the incident took place and the field commander of Indonesian special forces sent to East Timor. He denied the allegations.

Reuters reported Australia's Home Affairs Minister Brendan O'Connor refused to comment on the investigations.

Indonesia-Australia relations turned sour in 1999 when Australia led peacekeeping troops into East Timor to halt violence by pro-Jakarta militias following the territory's vote for independence. Strained ties reoccured in 2006 when Australia granted temporary asylum to 42 Papuans.