Please note that: The following information relates only to indictments that have been issued by the Special Panel for Serious Crimes of the Dili District Court. The accused listed below cannot be assumed guilty unless it has been decided by a court of law. While JSMP endeavours to ensure the accuracy of the information provided below, we cannot guarantee that the attached indictments and judgments are authoritative versions. If you need more information on any partucular case, please contact JSMP via: info@jsmp.minihub.org .

Last modified: 7 October, 2006

Name Of Accused

Documents

Case Number, Case Summary, Other Information

Sisto Barros

Cesar Mendonca

Indictment PDF (English)

Decision on request for pre-trial detention PDF (English)

Judgment PDF (English)

JSMP Comments:
JU 12/2005 (E)
JU 12/2005 (BI)

Case number: 1/2004

Case Summary: The indictment, filed 15 March 2004, charges Sisto Barros aka Xisto Barros, Cesar Mendonca and Josep Nahak aka Nahak Kehi with crimes against humanity including murder, attempted murder, forcible deportation and persecution. While murder, attempted murder and forcible deportation refer to discrete incidents, persecution is alleged in all cases where attacks were carried out on the basis of the pro-independence stance of the victims. The indictment alleges a number of incidents carried out by the accused as members of the Laksaur Militia group. It alleges that on or about the 4 October 1999 the accused were ordered by Olivio Moruk the Commander of the Covalima Militia and Pedro Telese, Danki of the Laksaur Militia, to go to the Lookeu village and kill those villagers who were pro-independence and forcibly deport those villagers who were hiding to West Timor. With these instructions, Sisto Barros and Casar Mendoca shot dead a Lookeu villager who was known to be a pro-independence clandestine supporter. The indictment also alleges that on or about 5 October 1999, the accused, armed with rifles and machetes, attacked villagers hiding in the Lakito Forest in the Lookeu village who were known to be pro-independence, killing 2 villagers and attempting to murder 3 others (one of whom was a five year old child) causing them serious injuries. The indictment further alleges that between April and September 1999 the accused were involved in the persecution of people in the Oegus and Lookeu villages in the Covalima district, where villagers who supported independence were targeted and intimidated, beaten, tortured, illegally detained forcibly deported and killed, in particular two victims who thought it safe to return to their village or or about 26 April 1999 and were subsequently detained, beaten and interrogated until May 10 1999. Women and children villagers who were deported were detained at the house of Olivio Moruk, the Comander of the Laksaur Militia for about one month.

Nahak was severed from the case so that his competency to stand trial could be established (See 1a/2004).

On 29 April 2005 Sisto Barros and Cesar Mendonca were convicted of two counts of murder as a Crime Against Humanity, one count of persecution as a Crime Against Humanity and one count of an attempt to commit a Crime Against Humanity in the form of murder. They were each sentenced to 9 years imprisonment. Both defendants have appealed their convictions.

The Court of Appeal subsequently sustained both sentences.

Preliminary Hearing: 18/5/04
Trial Dates: 7/3/05 - 29/4/05

Josep Nahak

Indictment PDF (English)

Decision on competency to stand trial PDF (English)

JSMP Comments:
JU 7/2005 (Eng)
JU 7/2005 (BI)
JU 7/2005 (Port)

Case Number: 1a/2004

Case Summary: Josep Nahak was originally indicted on 15 March 2004 and along with Sisto Barros aka Xisto Barros and Cesar Mendonca was charged with crimes against humanity including murder, attempted murder, forcible deportation and persecution. Nahak was subsequently severed from the indictment following futher motions from his defence regarding the defendant's competency to stand trial. As there were no domestic provisions relating to competency to stand trial, the court was forced to resort to international law and develop new legal standards for Timor Leste in the process while at the same time contributing to international legal jurisprudence on the issue. Josep Nahak was found not competent to stand trial, with the proviso that if he later becomes competent he may be tried at that stage.

On 1/3/05 the Special Panels held that Josep Nahak was unfit to stand trial.

Mohamad Roni
Joao da Costa

Indictment PDF (Portuguese)

Case number: 2/2004

Case Summary: The indictment, filed 29 October 2004, charges Mohamad Roni, Joao da Costa and Domingos de Deus with crimes against humanity including murder and attempted murder. Joao da Costa was a Second Sergeant and Chief of Tim Pancasila militia as well as being a member of the TNI and the Koramil. Mohamid Roni was the sub-district military commander of the Indonesian forces in Atsabe and accordingly had effective control of the TNI forces and the designated militia groups. On August 30 1999, Mohamid Roni, held a meeting where under his orders plans were made to take the lives of those East Timorese who had worked for the United Nations during the ballot. The militia members at the meeting then headed towards the voting booths. Upon their arrival the Indonesian troops stationed at the booths left the election site leaving it without security and open to attack from the militia. Joao da Costa entered the building where the voting had taken place and announced his intention to kill the employees of UNAMET. He then thrust a knife into Alvaro De Deus Lopes’s back who fainted to the ground. Mohamid Roni believed that he had killed the victim and left him be. The Militia members then forced everyone to leave the building. Orlando Gomes who was trying to hide inside the building was dragged out and beaten. Domingos de Deus, a member of the militia attempted to stab Orlando Gomes but missed. Joao da Costa then stabbed Orlando Gomes until he died. Joao da Costa then ran after Joao Lopes who was carrying a ballot box and stabbed him. He stabbed him again as Joao Lopes was attempted to flee the scene by entering a UNAMET police vehicle. Joao Lopes was pulled into the vehicle as it drove away but he later died from his wounds. The Indonesian police who had responsibility for security at the scene did not intervene as the attackers were executing superior orders conveyed by Mohamid Roni. The accused were each charged as individually criminally responsible for each of the attacks that took place, but Mohamad Roni was also charged as criminally responsible as a superior. Mohamad Roni and Joao da Costa are currently at large, presumed to be in Indonesia.

The case against Domingos de Deus was severed and renumbered 2a/2004 (see below).

ACCUSED AT LARGE

Domingos de Deus

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
JU 10/2005 (Eng)
JU 10/2005 (Port)
JU 10/2003 (BI)

Case Number: 2a/2004

Case Summary: See above (2/2004)

On 16/3/05 de Deus was convicted of two counts of murder and one count of attempted murder as Crimes Against Humanity. He was sentenced to two years imprisonment.

Preliminary Hearing: 27/1/05
Trial Dates: Began 28/2/05

CASE FINALISED

Djoko Suharsoyo

Gustaf Heru

Minton

Yusuf Tandi

Andreas Prawin

Martinho Fernandes

Emiliano Joaquim Gomes

Indictment PDF (English)

Case number: 3/2004

Case Summary: The indictment, filed 27 October 2004, charges Lieutenant Colonel Djoko Soeharsoyo, Lieutenant Colonel Gustaf Heru, First Lieutenant Minton, First Lieutenant Yusuf Tandi, Head Sergeant Andreas Prawin, Matinho Fernandes, and Emiliano Joaquim Gomes with crimes against humanity including murder, torture, deportation/forcible transfer of population and persecution. The indictment alleged that in 1999. the majority of the accused all held positions of power in a complex command structure consisting of the Indonesian armed forces (the TNI) and Timorese pro-autonomy militia, in particular the 59/75 Junior Militia and the Makikita militia. The agenda of these groups was the violent suppression and destruction of independence sentiment and supporters. The indictment alleges multiple criminal incidents. First, it alleges that on the 3 May 1999, members of the Makikit and 59/75 militia arrested Domingo Soares Aparicio, an influential independence supporter and took him to a nearby militia base where he was beaten and tortured by militia soldiers, amongst them Minton, Yusuf and Prawin. Prawin asked Aparicio whether he was a pro-independence supporter which Soares answered in eh affirmative. Aparicio was taken to the cemetery where he was pushed into an open grave and repeatedly stabbed by militia members on Tandi and Yusuf’s orders. Second, it alleges that on the 4 May 1999, a Mateus Munis Bere was arrested by a group of 59/75 Militia and beaten. Bere died later that night at a militia member’s house and buried in a shallow grave near the militia headquarters, from where it has since been recovered. Third, it alleges that on the 10 May 1999, Fernando de Jesus Soares was held up and beaten when passing the Koppassus post at Buikarin. He was then taken inside the KOPPASSUS post where he was beaten to death and then buried at Beobe cemetery. Fourth, the indictment alleges that on the 10 April 1999, militia members went to Eldefonso Ferreira’s house, asking his wife after him and stating they knew he was working for FALANTIL. On 27 April 1999, militia members arrived at the place where Ferreira and others were hiding. Ferreria was chased down and beaten. His mutilated body was later recovered from a shallow mud pit neat the place of the attack. Fifth, the indictment alleges that on the 10 August 1999, 59/75 Junior militia members and Makikit militia members attended the University Students Solidarity Council of East Timor Student’s Centre in Viqueque. The militia members fired home made guns causing people to flee. They detained one student and interrogated him regarding the whereabouts of the student’s weapons cache but them released him. The following day, a large group of independence supporters armed with swords, spears and slingshots erected a roadblock at the students centre. Both groups of Militia members met up with the TNI and returned to the centre, amongst them Minton, Tandi and Prawin. The TNI were armed with and distributed some machine guns. Tandi orderer TNI and militia members to shoot at the people assembled at the road block. Tandi and Prawin were amongst those who fired. Rogerio Amaral was shot and died. Sixth, militia members were ordered by Minton, Tandi and Prawin to shoot Mariano Soares who was fleeing the road block up a hill. Tandi and Prawin also fired weapons. Soares was shot in the back of the head and died the next day. On the 11 August Andreas Prawin, together with others, shot and killed Carlos Sarmento who was also fleeing the road block and running towards the mountains. Seventh, the murder of Maria Martins, who was burnt alive in her house at Beaco by TNI soldiers and militias when she would not be transported to West Timor. Eighthly, the destruction of property by TNI soldiers, 59/75 Junior and Makikit militia members who, between 4 Septmber 1999 and 25 October 1999 destroyed over 1900 buildings and houses throughout Vicqueque district by arson as ordered by Gustaf Herou, Martinho Fernandes and Djoko Soeharsoyo and Minton. Ninthly, the forcible transfer of people from the Vicqueque between 4 September 1999 and 25 October 1999 carried out by the TNI soldiers, the 59/75 Junior and Makikit militia members. Tenth, persecution, involving murder, torture, widespread and systematic destruction of personal property, buildings. houses, and other infrastructure. deportation and the denial of the right to employment, freedom of movement, and proper judicial process, was also alleged as all of the above crimes were carried out as an act of revenge for voting against the autonomy proposal. The accused are at large, presumed to be in Indonesia.

ACCUSED AT LARGE

Vasco da Cruz

Dominggos Alves

Guilhermino Aroujo

Napoleon dos Santos (AKA)

Simao Tasion

Lino Barreto

Cancio Lopes da Carvalho

Indictment PDF (English)

Case Number: 4/2004

Case Summary: The indictment, filed 26 November, charges Vasco da Cruz, Domingos Alves, Guilhermino de Araujo, Napoleon dos Santos aka Napoleon Alves, Simao Tasion, Lino Barreto and Cancio Lopes de Carvalho with crimes against humanity including persecution, imprisonment and other deprivations of physical liberty, torture, murder, extermination and deportation. The indictment alleges that in 1999, Cancio Lopes de Carvalho was the Commander of the Mahidi militia in East Timor, and the other accused all occupied positions of power within the Mahidi Militia, the principle aim of which was to oppress and destroy pro-independence sentiment and support. It states that one of the principle means of persecution was detention and imprisonment, and refers to three detention centres – namely the Zulo detention camp, the Beilaco detention camp and the Indonesian government house detention camp - that operated during the period between March – September 1999. The detention camp in Zulo Village was at the house of Vasco da Cruz where Vasco da Cruz, Domingos Alves, and Cancio Lopes de Carvalho had effective control and command. It alleges that at least 44 pro-independence civilians were illegally arrested and detained and this camp where they were subject to beating and torture. The torture variously involved having detainees hands tied behind their backs, being beaten with wooden boards and bamboo sticks, being burnt with cigarettes, being stripped naked, being forced to perform a sexual act, and being assaulted by a dog. The Beilaco detention camp was overseen by Napoleon dos Santo aka Napoleon Alves. At least 12 pro-independence civilians are alleged to have been illegally arrested and detained and were subject to torture variously involving having detainees hands’ tied behind their backs, being burnt with cigarettes, having their toes crushed with chairs, being whipped, and beaten with an iron ring. The Indonesian govermnet house detention camp was overseen by Lino Barreto. At least 15 pro-independence civilians were detained. The detainees were subject to torture including being beaten with wooden boards, being forced to dig graves for other detainees subsequently to witness the execution of those detainees. In all of these detention centres the detainees were fed little and kept in inadequate conditions. The indictment also alleges a number of murders, enforced disappearances and other crimes: the murder of Fernando da Cruz, who was shot when returning from a road trip by a militia member under the command of Lino Barreto and buried at the site; the murder of Olandino Pereira, Angelica de Jesus and Luis Pereira who were shot and killed (Olandino Pereira died as a result of gunshot wounds and the severance of his head) in an attack ordered by Cancio Lopes de Carvalho on the village of Galitas on the 25 January 1999, (Lino Barretto and Vasco da Cruz were also present at the attack); the murder of Joao da Silva Ximenes, who was a pro-indepenence supporter and a student. On the 13 April 1999, the militia members under the command of Cancio Lopes de Carvalho chased Joao d Silva Ximenes to a student house where aa number of students were then beaten by miltia members and property was destroyed. Joao Da Silva Ximenes was then dragged out of the house and shortly after died from his injuries; the enforced disappearance of Bernandino Simao and Inacio Barreto. Bernandino Simao was a student taken from the aforesaid student house on the 13 April 1999. Inacio barreto was a clandestine chief for Raimea, who was arrested on orders from Vasco da Cruz on 13 April 1999. They were both then briefly detained on Vasco da Cruz and Domingos Alves orders at the Zulo Camp and were never seen again after 14 March 1999; the murders of Luis Da Silva, Fatima Mesquita and Sabina Mesquita who were a pro independence family and were stabbed and killed by militia members under the command of Lino Barretto, and Guilnermino de Araujo after being abducted from their house; the murder of Alvaro Timan who was an active independence supporter and youth leader and who was held at the Zulo detention centre. Under the command of Vasco da Cruz the militia found Alvaro Tilman near the Mola river and threw stones at him until he fell in the river. Alvaro Tilman was then hacked on the back by Francisco Pereira aka Siko Gagu and then shot dead in the head by Lino Barreto; the murder of independence supporters Afonso Soares, Acacio Noronha, Jacinto Noronha and Bernardo Noronha who were all known to be independence supporters. On the 2 May 1999 they were arrested by Mahidi militia members and taken to the house of Lino Barreto. They were detained for a few days then taken to a pre-dug grave at Webeba along with two other detainees. The victims were then then taken by Lino Bareto to the grave. The other detainees heard four shots and Lino Barreto returned to the detainees without the victims who were never seen again; the murder of Jose Pereira aka Jose Espotong, who was chased down by members of the Mahidi militia, including Guilhermino de Araujo, and killed on the 18 June 1999; the abduction of Agapito de Jesus, who was arrested on the 5 September 1999 by the deputy of Domingos Alves, beaten severely, taken to the Police station on orders from their POLRI leader, and never seen again; the murder of Mario de Jesus and Domingos Mau Loe Leita, who were independence supporters and were killed after being arrested by Mahidi militia headed by Simao Tasio in an anti-independence attack on Beco I; the Suai church massacre, which was instigated by Cancio Lopes de Carvahlo, Vasco da Cruz and Napoleon Dos Santos. Domingos Alves and Simao Tasio were also involved in the orchestration of the attack where militia members killed between 27 and 200 civilians and many were injured; the murder of Mateus Mota, an independence supporter who on the 12 September 1999 was ordered into a UN vechicle commandeered by Lino Barreto and one hour later found dead a few kilometres from his house; the murder of Gaspar de Carvalho who was illegally arrested by the Mahidi militia from a truck carrying passengers to West Timor on the 12 September 1999 and a few hours later found dead alongside the body of Mateus Mota; the murder of Mateus Mota(?) who was shot by the Mahidi miltia during an attack in Suai on the 24 September 1999, and died from his injuries on the 30 September; the murder of Luis Barros, who was shot on the 13 September 1999 during the forcible deportation of villagers from Mape to West Timor, after Guilhermino de Araujo and Lino Barreto ordered it because his family had run away to the forest; the murders of Juliao Leto and Juliana Motu who, refusing to go to West Timor, died after being hacked on an unspecified date in September 1999 by Mahidi militia members who had been instructed by Simao Tasion to kill any people who refused to go to West Timor; the destruction of property which was orchestrated and carried out with varying degrees of involvement by Vasco da Cruz, Domingos Alves, Guilhermino de Araujo, Napoleon Dos Santos aka Napoleon Alves, Simao Tasion, Lino Barreto and Cancio Lopes de Carvalho beginning afer the result of the popular consultation on August 30 1999 and continuing through until October 30 1999; deportation/forced displacement of civilians orchestrated and carried out with varying degrees of involvement by Vasco da Cruz, Domingos Alves, Guilhermino de Araujo, Napoleon Dos Santos aka Napoleon Alves, Simao Tasion, Lino Barreto and Cancio Lopes de Carvalho beginning afer the result of the popular consultation on August 30 1999 and continuing through until October 30 1999. The indictment alleges that these criminal attacks were all carried out as part of a widespread and systematic attack against a cilivian population with knowledge of the attack and with a pro-autonomy agenda. The accused are at large, presumed to be in Indonesia.

ACCUSED AT LARGE

Ruben Goncalves

Ruben Tavares

Joao Oliveira

Joaquim Maia Pereira

Joao Tavares

Indictment PDF (English)

Case Number: 5/2004

Case Summary: The Indictment, filed 30 November 2004, charges Ruben Gonsalves, Ruben Taveres, Joao Oliveira, Joaquim Maia Pereira, Joao Taveres, with crimes against humanity including murder, torture and persecution. The indictment alleges that the accused were, respectively, two joint commanders of the Sako Loro Monu militia, commander of the FIRMI militia and deputy commander of the Firmi militia. These militia carried out violent pro-autonomy activity in the Batugarde and Balibo villages. The indictment alleges several criminal activities: the torture and murder of Longuinos Pereira aka Longuinos Bere, who was arrested by militia and handed over to Ruben Consalves on the 16 April 1999, transported to Ruben Tavares house and on Ruben Gonsalves and Ruben Taveres’ orders stabbed and later tortured by being severely punched, kicked, beaten, stabbed and slashed with razors by miltia members, before being taken to the beach and beaten to death then dumped at sea; the murder of Bonifacio Barreto, a clandestine independence member, who on 13 May 1999, was arrested by Ruben Gonsalves and Ruben Tavares, and stabbed to death by them and other militia members before being dumped at sea; the torture of Carlito Constantino and torture and enforced disappearance of Cesar M Soares aka Mota, both clandestine FALANTIL members. On or around 11 May 1999, Carlito Constantino was summoned to Joao Oliveira’s house where he was surrounded by militia and severely beaten with sticks. Cesar M soares was also arrested and both victims were taken to the Balibo Koramil. Joaquim Maia Pereira then set alight Carllito’s beard, beating Carlito Constantino with an iron bar when he tried to put out the flames. Both victims were then beaten, burnt with cigarette lighters and electrocuted by Joao Oliveira, Joaquim Maia Pereira and other militia members for hours. Carlo Constantino was permanently disabled and the whereabouts of Cesar M Soares remains unknown; the abduction, unlawful imprisonment, torture and murder of independence activists who were among a group of Sagrada Familia (youth independence movement) members who were arrested and beaten variously under Ruben Gonsalves, Joao Oliveira and Joaquim Maia Pereira’s command. Joao Oliveira and Ruben Goncalves then ordered them further transported to Batugarde. Before leaving two of the men were stabbed in the stomach. They died on the way to Batugarde. The six remaining men were killed with a sword when they reached Batugarde. All bodies were dumped at sea; the murder of Sabino Pereira. Sabino Pereira, a clandestine independence supporter was arrested sometime on September 1999 by militia members and transported to Batugarde where he was interrogated by Ruben Gonsalves and Ruben Tavares. He was stabbed in the head but did not die. Ruben Gonsalves then ordered him to be killed and Sabino Pereira was taken to the beach and stabbed to death. He was then beheaded and Ruben Gonsalves was presented with the head; the murder of Elias Pires and Jorge Mau Loe and attempted murder of Carlito Mau Loe, independence activitists who were arrested and detained by Joao Oliveira. They were taken by convoy towards the border. They then turned into a clearing where Elias Pires and Jorge Mau Loe were stabbed to death but Carlito Mau Loe managed to escape. The indictment asserts that all of the accused and individually criminally responsible for the acts they participated in but also responsible as superior commanders. All of the accused are believed to be in West Timor.

ACCUSED AT LARGE

Frans Tallo

Indictment PDF (English)

Case Number: 6/2004

Case Summary: The Indictment, filed 2/12/04, charges Frans Tallo with crimes against humanity including murder and torture. The indictment alleges a number of criminal incidents, including: the torture and murder of Longuinos Pereira aka Longuinos Bere, a clandestine independence supporter who was arrested on the 16 April 1999 by militias who handed him over to Ruben Taveres. Frans Tallo then took part in beating the victim and was present during torture with razor blades. Frans Tallo then took part in transporting Longuinos Pereira to the beach beach and stabbing him to death, before dumping his body at sea; the murder of Bonifactor Barreto, a clandestine independence supporter who was arrested by militia members on the 13 May 1999, and was taken to the beach and stabbed to death by militia members, among them Frans Tallo, then dumped at sea; the murders of Francisco Maia, Carlos De Carvalho, Benjamin Lucas, Alexio Paicheco, Patricio Santos Marcal, Cornelius Galojo, Gabriel dos Santos and Francisco Paicheco, who were members of Sagrada Familiana (youth independence movement) who were arrested by militia members and variously detained and beaten by militia members, (two of the victims being stabbed and subsequently dying) before being transported by miltiia members, including Frans Tallo, to the beach where the remaining six victims were stabbed to death by Frans Tallo and their bodies dumped out at sea; the murder of Sabino Pereira, a clandestine independence supporter who was abducted in September 1999 by militia and subsequently stabbed to death by militia, among those Frans Tallo, before being beheaded and dumped by the main road to Batugarde. Frans Tallo was charged as individually responsible for all those acts in which he was involved with in any intentional way. Frans Tallo is believed to be at large in West Timor.

ACCUSED AT LARGE

Tomas Lopes Maia Udin aka Udin

Indictment PDF (English)

Case Number: 7/2004

Case Summary: The indictment, filed 3 December 2004, charges Tomas Lopes Maia Udin aka Tomas Saunudin Baso aka Udin with crimes against humanity including murder and attempted murder. The indictment asserts that Tomas Lopes Maia Udin aka Tomas Saunudin Baso attacked, along with other militia, villagers in a rice field on the 24 September 1999. The accused shot at Mateus Mota and Afonso do Carmo. Afonso do Carmo escaped without injury but Mateus Moto was injured and died from his wounds on the 30 September. The accused is believed to be at large in West Timor.

ACCUSED AT LARGE

Dominggos Mau Buti aka Dominggos Noronha

Adriano Nascimento

Indictment PDF (English)

Case Number: 8/2004

Case Summary: The indictment, filed 6 December 2004, charges Domingos Mau Buti aka Domingos Noronha and Adriano Nascimento with crimes against humanity including murder, attempted murder and rape. The indictment asserts the following facts: that the accused were present with other militia when they entered the victims' house, tying up a man, his pregnant wife and their 6 year old daughter. While transporting the victims to another village, the daughter was stabbed because she was crying. Her dead body was then thrown into an irrigation canal. Upon arriving at their destination Domingos mau Buti and Adriano Nascimento, among others, raped the pregnant woman on the side of the road. Luis Da Silva was then hacked and stabbed to death by Adriano Nascimento and the pregnant woman was hacked in the head and killed. The Indictment also asserts that on 18 June 1999 Jose Pereira and Joaquim Barros were walking in Lour village when they were approached by militia among them Domingos Mau Buti. The indictment then alleges that Jose Pereira was killed by the militia while Joaquim Barros was able to escape. The indictment further alleges that Adrian Nascimento was responsible for ordering the death of Luis Barros on or about the 13 September 1999 because Nascimento believed Barros’s family had resisted deportation and escaped to the forest. Both of the accused are believed to be in Atambua, West Timor.

ACCUSED AT LARGE

Alfredo Breok

Indictment PDF (English)

Case Number: 9/2004

Case Summary: The indictment, filed 3 December 2004, charges Alfredo Breok with crimes against humanity murder of Fernando da Cruz on 24 September 1999. The indictment alleges that Fernando Da Cruz was returning to Webaba when he was stopped by militia and Alfredo Breok shot da Cruz in the head, killing him on the spot. The indictment also alleges that on 12 September 1999, Alfredo Breok was with militia who illegally arrested Mateus Mota from his house, and are attributed with his death, as one hour later, Mateus Mota’s body was found dead a few kilometres away. Alfredo Breok is believed to be at large in Atambua, West Timor.

ACCUSED AT LARGE

Hulman Gultom

Indictment PDF (English)

Case Number: 10/2004

Case Summary: The indictment, filed 9 December 2004, charges Hulman Gultom with crimes against humanity, including murder, persecution and deportation or forcible transfer of population. Hulmon Gultom held the rank of Lieutenant Colonel and was District Police Chief of Dili. He thus had effective command and control over all the POLRI officers in the Dili District, who were meant to ensure that independence supporters would be protected from pro-autonomy militia. It is alleged that from April through to September 1999 Hulman Gulton failed to take necessary and reasonable measures to punish the perpetrators of the following crimes: a BRIMOB attack on a crowd gathered outside the BRIMOB compound at Bairo Pite where Bendito de Jesus was shot and killed with impunity; a violent rampage through Dili following a militia inauguratiojn on April 17 1999; an attack on the Houseo f Manuel Carrascalo’s house by militia where the BRIMOB were present but failed to intervene, and as a consequence 12 people were killed and the house burned down. The BRIMOB also disallowed medical assistance to those injured and members of the BRIMOB and POLRI took the survivors of the attack to the police head quarters in Comoro where they were detained for various periods up to 40 days and coerced to support the autonomy cause; the Kuluhun bridge attack where on 27 August the Aitarak militia and two BRIMOB contingents gathered around the Kuluhun bridge and clashed with independence supporters gathered there, killing Bernandino Guterres; liasing with Indonesian military officials and police in early September 1999 culminating in the attack on the Dili Diocese on 5 September where militia members were able to attack the refugees gathered at the Dili Diocese, beating and shooting the people inside, in the presence of (and with the participation of) Indonesian police officials with impunity; an attack on the refugees congregated at Bishop Belo’s residence on the 6 December, with militia firing guns and throwing Molotov cocktails, destroying the entire compound and killing at least one person and injuring at least 15 people, all in the presence of Indonesian police officials who did nothing to prevent the attack or arrest those involved, and in fact participated in the attack (refugees were there variously forcibly transported to Police headquarters or over the border by a combination of militia members and Indonesian police and military officials); an attack on the Canossian Convent in Dili on 6 September 1999 where the refugees congregated there were forced to leave while the property inside the convent was destroyed; an attack on the Red Cross Compound in Dili on 6 Spetember 1999 where over 2000 refugees had congregated by 6 September 1999, who were attacked at approximately the same time as Bishop Belo’s compound by Aitarak militia armed with automatic weapons, rakitans and machetes, killing at least one person, seriously injuring a number of others and destroying the Red Cross compound. Eleven international staff were then taken at gunpoint to the police headquarters at Comoro; the deportation of refugees from various locations around Dili to West Timor by militia and Indonesian military and police officials; the large scale destruction of property where at least 70% of the buildings in East Timor, including private homes, government buildings and commercial structures, were burnt and destroyed to punish East Timorese for voting for independence in the popular consultation. Hulman Gulton is charged with individual and superior criminal responsibility for his involvement with these attacks and is believed to be at large in West Timor.

ACCUSED AT LARGE

Cesario Tilman

Leutnant Julius Adu

Indictment PDF (English)

Case Number: 11/2004

Case Summary: The indictment, filed 15 December 2004, charges Cesario Tilman and Lieutenant Julius Adu with crimes against humanity of murder, imprisonment or severe deprivation of liberty, forcible deportation and persecution. Cesario Tilman was a TNI member appointed as Commander of Company A of the Mahidi militia in Leolama village of which Cesario Tilman was also chief. Lieutenant Julius Adu was the Sub-district Military Commander based in Hatuado and had effective command control and authority over the TNI soldiers in the Hatuafo sub-district, including Cesario Tilman. The indictment alleges multiple criminal incidents. First it alleges arrests and detention in Leolima village, where in April 1999 villagers suspected of supported independence were detained, interrogated by Cesario Tilman and beat by a TNI soldier. Other victims were interrogated a few days after their arrest at the POLRI station, and one victim was detained for about one week. Second it alleges the murder of several victims targeted because of their pro-independence stance: Constantino De Araujo who was taken from his house on the 12 September and stabbed to death with a sword, Octavio de Araujo, Virgildo Quintao znf Moises Martins who were retuirning from a CNRT meeting on the 19 September 1999 when they were hacked to death, Joaninho Gomes who had returned to his village to forage for food on 19 September 1999 and was shot dead by militia members. The indictment also alleges acts of forcible deportation and destruction of property were carried out by Cesario Tilman and by militia under his command, following the results of the popular consultation on the 4 September 1999 when on 16 September 1999, Cesario Tilman and his militia went to Airneleu sub-village and Lesse Sub-village as well as Leolima village, ordered the villagers to prepare to be deported to West Timor (threatening that those who did not follow would be killed) and then set about burning residences in the area. Those villagers who did not escape into the forests were taken against their will to West Timor.

ACCUSED AT LARGE

Lieutnant Colonel Muhamad Nur

First Sergeant Melky

Second Sergeant Hilario

Lucas Martins

Jeca Pereira

Cipriano da Costa

Indictment PDF (English)

Case Number: 12/2004

Case Summary: The indictment, filed 15 December 2004, charges Lieutenant Colonel Muhammad Nur, First Sergeant Melky, Second Sergeant Hilario, Lukas Martins, Jeca Pereira, Cipriano Da Costa, with crimes against humanity of murder, torture and rape. All of the accused occupied various positions of power in the Ermera district: Lt Col Muhhammad Nur being the most senior as the Military District Commander of Ermera District. The indictment alleges the following facts: between 10 and 14 April 1999 Lt Colonel Nur detained CNRT members at various locations in Ermera and terrorised them. It alleges that the accused, Lieutenant Colonel Muhammad Nur, First Sergeant Melky, Second Sergeant Hilario, Lukas Martins, Jeca Pereira were variously responsible for the organisation, equipping and incitement of violent pro-autonomy militia organisations in the Ermera district between January 1999 and September 1999. The indictment also charges various accused with multiple murders, tortures and rapes, alleging that: on 14 April 1999, Sergeant Melky, amongst others, approached the house in which Helder Martins, Carlos Mateus Tilman and Luis Tilman were inside. They then fired at the house with guns for over 30 minutes before kicking the door down and entering. Luis Tilman and Helder Martins attempted to jump out of the window, Martins was shot in the head and Luis Tilman suffered injuries as he escaped. Melky then ordered Mateus Tilman to lie on the floor and shot him at close range. Despite the presence of Indonesian officials later on the scene, no investigation was carried out; on 17 May 1999 Sergeant Melky and Cipriano Da Costa together with other militia planned and went to the house of Constancio de Carvalho, walking him out of his house with his shirt over his head before shooting Constancio De Carvalho dead; on 19 May 1999 Melky, Hilario and Da Costa participated in a meeting where the murder of Abrao Salsinha was discussed. A group of militia, amongst them Cipriano Da Costa then dispatched to the house of Abrao Salsinha whereupon they carried him outside (he had been shot a few days earlier by TNI soldiers) and Joao Bermau, Cirpriano Da Costa and Pedro Babo Dos Santos then shot Salsinha dead; on the 8 June 1999, Luis Alves aka Mauterus, was hunted down in a plan orchestrated by Sergeant Melky and Cipriano Da Costa, assaulted, then stabbed to death with a knife, machete and spear; on the 31 August 1999 Marcelino Soares approached a miltia member, Lukas Martins, (during a pro-autonomy attack on his village) with a machete, and was subsequently stabbed to death by Lukas Martins; on the 31 August 1999, David De Araujo was shot in a pro-autonomy attack on his village led by Lukas Martin; on the 6 September 1999, Julio Madeira was shot dead by Jeca Pereira in a pro-autonomy attack on Madeira’s village led by Jeca Pereira; on the 6 September 1999, Briatu Maia was shot by militia member Saturlino who was travelling to Atambua as part of a convoy of nine trucks and vehicles (Briatu Maia was shot when he was walking by the road with a sack of rice, which Saturlino alleged was for FALANTIL members); on the 13 September 1999, Francisco Salsinha was shot running into the forest when he was trying to escape two militia who were running towards his house as part of a broader deportation operation; on the 14 September 1999, Moises De Deus, a known clandestine supporter was shot by Abraham Martins when he refused to follow his order to burn down the houses in his village as people were being deported. The indictment then alleges facts relating to the rape and murder of a prominent CNRT member and UNAMET staff member. On 30 August 1999 she was attacked and her home ransacked by a group of militia led by Sergeant Melky. On 10 September as she made her way to Gleno, she was arrested and taken to the militia headquarters in Ermera where she was raped and beaten by Sergeant Melky. The following day she was taken to the home of Alianca Goncalves, where she was beaten and raped by Sergeant Hilario. She was then detained overnight on Sergeant Hilario’s orders and collected by militia members Sergeant Hilario, Jeca Pereira and others on the 13 September 1999 before being taken to the militia headquarters in Gleno. At the Gleno headquarters, Joao (last name unknown) was given control of her by Jeca Pereira, who reported directly to Sergeant Melki and Sergeant Hilario. After being transported to Libodo, she was stabbed twice in the back by Joao, and shot once with a rakitan. Her dead body was then dumped in a ravine. The indictment also alleges the torture and murder of Jose martins aka Jose Soares Mesquita Hornai. It alleges that on the 5 September 1999, militia members, among them Lukas Martins, after being unable to locate a person called Bonifasio, arrested Jose Martins. After taking his money, they beat him with the butts of their guns until he fell down. They then dragged him to a tree and tied him to it, stabbing him with a long sword. Joao (last name unknown) stabbed his left shoulder, his stomach and ten amputated his foot. Jose Martins shortly died and was buried. Finally the indictment alleges the torture and murder of Sabino Da Lus, who, on the 13 May 1999, was forcibly taken from his home in a pro-autonomy attack. He was then tied up and handed over to Lukas Martins who suspected him of supporting independence. Martins beat him with a rifle, then a one metre piece of wood, then repeatedly in the head with a stone pestle, until Sabino Da Lus died. The accused are variously charged with individual and superior criminal responsibility depending on their level of involvement in the crimes alleged.

ACCUSED AT LARGE

Nazario Vital dos Santos Cortereal

Francisco Capela Perao

Captain Sugyono

Indictment PDF (English)

Case Number: 13/2004

Case Summary: The indictment, filed December 2004, charges Nazario Vital Dos Santos Corte Real, Francisco Capela Ferrao and Captain Subyono, with crimes against humanity of persecution. Captain Sugyono was the head of TNI KOPASSUS in the Manufahi district in 1999. In the early moths of that year, he togeth with Nazario Dos Santos Corte Real formally created the pro-autonomy ABLAI miltia. Francisco Capela Ferrao was the First Vice Commander. The accused equipped and commanded the ABLAI miltia the aim of which was to suppress independence activities in East Timor during 1999. The indictment alleges several different crimes. Firstly it alleges a number of murders, including that of Agapito de Araujo and Luis Boco-Siri who were both stabbed to death on the 17 April 1999 during a violent Ablai militia attack on the Orluli village; that of Carlito De Araujo, stabbed and cut to death by militia sometime in April 1999 when he returned to the Grotu Lau village (men had fled prior to an ABLAI militia attack), when the militia threatened to kill the women in the village; that of Duarto Lopes, who on 17 April 1999 was attacked, tied up and stabbed to death by a group of Ablai militia; that of Afonso da Costa on the 24 April 1999 when he was arrested by militia who suspected him of being a pro-independence activist, then taken to Prema Mountain and stabbed to death by militia member Benjamin Saremnto; that of Moises Soares, who was taken prisoner on the 24 April by members of the Mahidi Militia in Beikala village, suspected of being an independence supporter, and who, on the 28 April 1999 was accused of having killed Kopassus, and last seen alive in a vehicle owned by Nazario Vital dos Santos Corte Real , before being found dead the following day, bound, naked and hacked on the back of the head; that of Armindo Da Costa and Carlito Da Costa, who were illegally arrested on the 30 August 1999, and strangled by ABLAI militia members, their heads cut off and hung outside the ABLAI commander’s house; that of Bendito Monis on the 3 September 1999, who was known to be pro-independence and taken by ABLAi militia members and beaten and killed; that of Lorenzo Tilman, who on the 9 September 1999 after stating that he would rather die in East Timor than be transported to West Timor was stabbed and killed by militia members Joao Sarmento and Benjamin Sarmento; that of Joao Da Silva aka Joao Amaral on the 9 September 1999 who had come down from hiding in the mountains to collect food and happened upon a group of militia, including all three of the accused, who were in the process of deporting people to West Timor, and who then shot and injured, and then killed him by stabbing him twice with a spear; that of Lorenco Da Costa on the 12 September 1999 was killed when, being bed ridden, was unable to leave his house when it was set alight by members of the ABLAI militia; that of Marcelino Verdial on the 16 September 1999 who was killed by a group of ABLAI militia in Ladiki village in front of his 8 year old daughter; that of Florindo Pereira Soares, Marten Gaspar Soares, Remezio Da Costa Fernando Curado and Egas Monis Tilman on the 24 September 1999 were killed consecutively by a group of militia led by Nazario Vital Corte Real and who were in the process of transporting refugees to West Timor; that of Guilermino Tilman, who on the 12 September 1999 having suffering paralysis in both legs, was unable to leave his house when it was set alight by members of the ABLAI militia, and died three days later from his burns; and that of Maria Imaculada who was killed on 2 October 1999 when she came down from the forest to retrieve food by militia. The indictment also alleges an attempted murder on the life of Antero Da Costa on 5 August 1999, who was assaulted by a miltia member in the presence of Mazario Vital dos Santos Corte Real at the Church in Same who were looking for pro-independence people. The indictment further alleges that the accused were responsible for inhumane acts against Artwer Laranzeira, Teresina Carvalho, Orlanda Carvalho and Juliana Cortereal, a pro independence family whose house was set alight by militia led by Guilhermino Marcal while they were inside, and who were attacked with machetes, and injured as a result, when they ran out of the burning house. It then alleges the detention of about 400 villagers from Orema, Grotu Lau and Leubrema who were detained at Bernadino Da Costa’s house for various periods, the longest one being between 30 August 1999 and 4 September 1999. The indictment also alleges that following the results of the popular consultation, the commanders of the ABLAI, Nazario Vital Dos Santos Corte Real and Francisco Capela Ferrao, with the active encouragement and support of KOPASSUS Captain Sugyono, orchestrated the deportation of over 15 000 villagers to West Timor under the threat of death. Finally the indictment alleges the destruction of property where both before and after the results of the popular consultation ABLAI militia, under the command of the three accused, systematically destroyed the property thought to be belonging to pro-independence supporters, in particular, the house of the Bupati Nazario de Andrade, the house of Francisco da Costa and extensive property in the Holarua, Orema, Datina, Leubrema, Suri-Rema and Betano villages. The accused are all charged with individual criminal responsibility for those acts in which they physically participated and superior criminal responsibility for those acts which they helped to orchestrate from their commanding positions.

ACCUSED AT LARGE

Lieutenant Sumino

Guilhermino Marcal

Jose Laranzeira

Indictment PDF (English)

Cade Number: 14/2004

Case Summary: The indictment, filed 16 December 2004, charges Lieutenant Sumino, Guilhermino Marcal and Jose Larenzeira with crimes against humanity of murder, inhumane acts, forcible deportation and persecution. Lieutenant Sumino was the TNI sub-district military commander based in same. Guilhermino Marcal was the top ABLAI militia coordinator and Guilhermino Marcal and Jose Larenzeira were military company commanders for the Ablai militia. The indictment alleges a number of criminal incidents: the murder of Agapito de Araujo and the murder of Luis Boco-siri on the 17 April 1999 during a pro-autonomy campaign, in the Orluli village where both victims were stabbed to death by militia members; the murder of Moises Soares on 28 April 1999 when Mahidi militia arrested the said victim suspecting he was an independence supporter. He was transported by Jose Lananzeira together with Alexandre (LNU) towards Same. The following day he was found hacked to death in the Betano village, naked with his hands and feet tied. On the 29 April 1999, Alexandre (LNU) confessed the murder to a witness the following day and ABLAI militia member Domingos Sousa Marques confirmed to the same witness that it was Moises Soares who Alexandre spoke about; the murder of Bendito Moniz on 3 September 1999 who was known to be a pro-independence supporter and was arrested by militia members on 3 September 1999 and taken to the house of Guilermino Marcal, which was in fact the ABLAI militia headquarters, where Bendito Moniz was beaten to death; the murder of Florindo Pereira Soares, Marten Gasper Soares and Remezio Da Costa Fernando Curado on 24 September 1999, who were picked up by a militia convoy led by Lieutenant Sumino who were transporting refugees to West Timor who were variously beaten and shot dead; inhumane acts against Artwer Laranzeira, Teresina Carvalho, Orlanda Carvalho and Juliana Cortereal, a pro independence family whose house was set alight by militia led by Guilhermino Marcal while they were inside, and who were attacked with machetes, and injured as a result, when they ran out of the burning house; the deportation/forcible transfer of populations and destruction of property during the first week of September 1999, when members of the Ablai militia under the command of Guilhermino Marcal attacked the village of Holuara in Same, destroying property and terrorising the civilian population, the house of Bupati Nazario de Andrade, the village of Betano in the Same district, then, with the help of Lieutenant Sumino and Jose Laranzeira and the militia under their command, forcibly transported villagers from Grotu Lau village, Betano village. Jose Laranzeira then ordered Silverio to go and tell all the people hiding in the mountains to depart for West Timor, otherwise ‘the militia will go to the mountain and kill all the villagers as they have done to Florindo’. Florindo Peireira’s dead body had been left at the bridge to frighten the villagers. Lieutenant Sumino, Guilhermino Marcal and Jose Larenzeira are all charged with individual responsibility for their participation in the crimes as well as superior criminal responsibility for their role as commanding officers. The accused are all believed to be at large in West Timor.

ACCUSED AT LARGE