The Commission on Human Rights,
Guided by the Universal Declaration of Human Rights, the International Covenant on Human Rights and the universally accepted rule of international law;
Bearing in mind the statement on the Situation in East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session (Doc.E/CN. 4/1992/84, par a. 457) following the violent incident of the 12 November 1991 in Dili; < /p>
Recalling resolution 1992/20 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of 27 August 1992;
Gravely concerned at continuing allegation on serious human rights violations and noting with concern in this context the reports of the Special Rapporteur on Torture (Doc.E/CN.4/1993/26); of the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions (Doc.E/CN.4/1993/46), of the Working Group on Enforced or Involuntary Disappearances (Doc.E/CN.4/1993/25);
Bearing in mind the Body of Principles on the Protection of all Persons subject to any form of detention or imprisonment endorsed by the General Assembly in its resolution 43/173 and the Principles on the Effective Prevention and Investigatio n of Extra-legal, Arbitrary and Summary Executions, endorsed by the General Assembly in its resolution 44/162;
Concerned at the fact that the Indonesian authorities aid not respond to the provisions of the statement on the situation of East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session;
Disappointed by the frequent denial of access to the territory of East Timor to human rights organizations as well as to some other relevant international observers;
Having examined the report of the Secretary-General on the situation in East Timor (Doc.E/CN.4/1993/49);
Recalling the relevant United Nations resolutions concerning East Timor;
1. Expresses its deep concern at the reports of continuing human rights violations in the territory of East Timor;
2. Recalls that the Commission has commenced the decision of the Indonesian government to set up an enquiry Commission but regrets that the Indonesian investigation into the actions of the members of its security personnel on 12 November 1991 , from which resulted loss of life, injuries and disappearances, failed to clearly identify all those responsible for those actions;
3. Expresses its concern over the lack of clear information about the number of people killed on 12 November 1991 and over the persons still unaccounted for;
4. Regrets the disparity in the severity of sentences handed to those civilians not indicted for violent activities - who should have been released without delay - on the one hand, and to the military involved in the violent incident, on the other;
5. Calls upon the government of Indonesia to honor its commitments undertaken in the consensus Statement adopted on 4 March 1992 by the Commission on Human Rights at its 48th session;
6. Calls upon the Indonesian Government to ensure that all the East Timorese in custody, including main opposition figures, be treated humanely and with their rights fully respected, that all trials be fair, just, public and recognise the rig ht to proper legal representation, in accordance with international humanitarian law, and that those not involved in violent activities will be released without delay;
7. Renews its call on the Indonesian authorities to allow access to East Timor for human rights organisations and additional humanitarian organisations;
8. Encourages once again the Indonesian authorities to take the necessary steps to implement the recommendations presented by the Special Rapporteur on torture in its report (Doc. E/C. 4/1992/17/Add.1) following his visit to Indonesia and Eas t Timor and to keep the Special Rapporteur informed of the progress made towards their implementation;
9. Urges the Government of Indonesia to invite the Special Rapporteur on Torture, the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, the Working Group on Arbitrary Detention and the Working Group on Involuntary Disappe arances to visit East Timor and to facilitate the discharge of their mandates;
10. Invites the Secretary-General to transmit the full report of his Personal Envoy, Mr. Amos Wako, to the Commission on Human Rights;
11. Welcomes the resumption of talks about the question of East Timor and encourages the Secretary-General to continue his good offices for achieving a just, comprehensive and internationally acceptable settlement of the question of East Timo r;
12. Decides to consider the situation in East Timor at its fiftieth session on the basis of the reports of the Special rapporteurs and Working Groups and that of the Secretary General, which would include an analytical compilation of all info rmation received from, among others, Governments, intergovernmental and non-governmental organisations.
Pour : Allemagne, Angola, Australie, Autriche, Barbades, Brésil, Bulgarie, Canada, Chili, Costa Rica, Finlande, France, Guinée-Bissau, Ile Maurice, Pays Bas, Pologne, Portugal, République tchèque, Royaume Uni, Rus sie, Uruguay, USA, Zambie.
Contre : Bangladesh, Chine, Cuba, Gambie, Inde, Indonésie, Iran, Malaysie, Nigéria, Sri Lanka, Soudan, Syrie.
Abstentions : Argentine, Burundi, Chypre, Colombie, Gabon, Japon, Kenya, Lesotho, Mauritanie, Mexique, Pakistan, Pérou, République de Corée, Tunisie, Vénézuela.
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