PLEASE NOTE
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. Similarly, court dates are regularly subject to change at short notice.
LAST UPDATED 15/09/2003
(aka João Atabe)
Court of Appeal PDF (Portuguese)
Court of Appeal PDF (English)
Case number: 1/2000
Summary of Case: Alleged member of the Dadarus Merah Putih militia. Indicted on 15/11/00 with one charge of murder of a pro-independence supporter in Maliana, Bobonaro district on 8/9/99. Accused pleaded guilty during the preliminary hearing and the Special Panel proceeded to judgment without trial. The Court accepted that the accused had acted under orders from the TNI and militia commander. Convicted on 25/1/01 and sentenced to 12 years' imprisonment. Final appeal dismissed by Court of Appeal on 29/6/01.
Preliminary Hearing: 10/1/01
Trial dates: 16/1/01, 18/1/01, 25/1/01
CASE FINALISED
Court of Appeal PDF (Admissibility)
Court of Appeal PDF (Portuguese)
Court of Appeal PDF (Judgment of Judge Frederick Egonda-Ntende in English)
Case Number: 2/2000
Summary of Case: The only FALINTIL member convicted to date by the Special Panel for Serious Crimes. Indicted on 16 /11/00 with one charge of murder of a suspected Darah Merah Integrasi militia member in Gleno, Ermera district on 27/9/99. The accused claimed he was forced to kill under threat of death from villagers who had captured and beaten the victim. The defence disputed the causal link between accused's acts and the death of the victim, claiming the victim was already fatally injured. The Court held that duress was not made out. Convicted on 1/3/01 and sentenced to 7 years' imprisonment. Court of Appeal reduced sentence to 5 years on 29/10/01
Preliminary Hearing: 10/1/01
Trial dates: 6/2/01,
27/2/01,1/3/01
CASE FINALISED
Case Number: 3/2000
Summary of Case: Alleged member of the Darah Merah Integrasi militia. Indicted on 23/11/00 with one charge of murder of a man accused of performing black magic and causing the deaths of several children in Asulau village, Ermera district on 28/5/99. The defence claimed this was "ordinary" murder, not a serious crime. The accused claimed that he was drunk and that he was forced to kill the victim by the father of one of the deceased children. The Court deemed that the defendant's membership of the militia was irrelevant. Convicted on 19/4/01, sentenced to 11 years' imprisonment.Preliminary Hearing: 18/1/01,
30/1/01
Trial dates: 13/2/01,
8/3/01,
19/4/01
Upcoming events: Appeal filed - date to be fixed
SAME case Benjamin Sarmento* Romeiro Tilman* Joao Sarmento Domingos Mendonca
Decision to accept guilty plea
Judgement Benjamin Sarmento and Romeiro Tilman PDF (Tetum - English)
Case Number: 18A and 18B/2003 (Formerly 4/2000)
Summary of Case: Indicted on 7/8/01 with charges of crimes against humanity. Benjamin Sarmento, Romeiro Tilman, Joao Sarmento and Domingos Mendonca are alleged to have been members of the Tim Sasurut Ablai militia that was active in Same sub-district, Manufahi district, during 1999. Two of the four accused had earlier been indicted on charges of murder, but the Special Panel had allowed a request by the Public Prosecutor to upgrade the charges and to join them together with two other related investigations. The charges relate to several incidents between April and September 1999 in Same sub-district. They include seven murders as well as the persecution, imprisonment and deportation of hundreds of villagers in both the lead up and aftermath of the popular consultation on 30 August 1999.
The original two accused are also charged with responsibility for the acts of their subordinates, as they are alleged to have been involved in the command structure of the notorious militia group. See also the related indictment against Bernadino da Costa, Case No 3/2002 (see below).
Pleas of guilty by Benjamin Sarmento
and Romeiro Tilman entered 30/6/03. Trial Split. Sarmento sentenced 16/7/03
to 12 years imprisonment. Tilman sentenced 16/7/03 to 8 years imprisonment.
* Benjamin Sarmento
and Romeiro Tilman pleaded Guilty. sentenced 16/7/03 (Case 18A/2003).
Preliminary Hearing: 25/01/01,
13/2/01,
14/2/02,
15/2/02
Trial dates: 7/7/03, 23/7/03
Upcoming events: Trial for Joao Sarmento and
Mendonca to resume 23/7/03.
Case Number: 5/2000
Summary of Case: Alleged member of the Laksaur militia. Indicted on 24/11/01 with two charges of murder of pro-independence supporters in Tilomar and Muta Sikun, Cova Lima district on 25 and 26/9/99. On 21/2/01 the Special Panel conditionally released the accused from detention pending the trial. At trial, the accused's claim that he acted under immediate threat of death was supported by two prosecution witnesses. The Special Panel held that although duress was proved, the accused remained criminally responsible. Convicted on 11/6/01 and sentenced to 13 years' imprisonment.
Preliminary Hearing: 18/1/01
Trial dates: 18/5/01,
22/5/01,
29/5/01
Upcoming events: Appeal filed - date to be fixed
Case Number: 7/2000
Summary of Case: Alleged member of Tim Pancasila militia. Indicted on 30/11/00 with one charge of murder of a UNAMET local staff member and FALINTIL supporter in Atabe village, Ermera district on 31/8/99. Convicted on 16/7/01 and sentenced to 15 years' imprisonment.
Preliminary Hearing: 26/4/01,
10/5/01
Trial dates: 21/6/01,
28/6/01,
16/7/01, 11/10/01
Upcoming events: Appeal filed - date to be fixed
Case Number: 8/2000
Summary of Case: Alleged member of the Ablai militia. Indicted on 30/11/00 with charges of attempted murder, serious maltreatment and destruction of property of pro-independence supporters in Hola-Rua village, Same sub-district, Manufahi district on 2/9/99. At trial the accused denied committing the crimes alleged. Convicted on 14/6/01 of attempted murder and sentenced to 4 years' imprisonment.
Preliminary Hearing: 29/1/01
Trial dates: 29/5/01,
5/6/01,
14/6/01,
24/8/01
CASE FINALISED
Los Palos Case Joni Marques Manuel Da Costa Joao Da Costa aka Lemorai Paolo Da Costa Amelio Da Costa Hilario Da Silva Gonsalo dos Santos Alarico Fernandes Mautersa Monis Gilberto Fernandes
Judgment (full English version) PDF
Judgment (short English version)
Judgment (Short Bahasa Indonesia version)
JSMP Trial Report (English)
JSMP Trial Report (Indonesian)
Case Number: 9/2000
Summary of Case: The accused were allegedly members or sympathisers of the Team Alpha Militia groups operating in the Los Palos district. An amended indictment was presented on 6/3/00 which included seven charges of crimes against humanity that took place in Lautem district between 21/4/99 and 25/9/99, including torture, forcible transfer of population, persecution, 4 individual murders and the murder of a group of clergy. ALL THE ACCUSED WERE CONVICTED ON 11/12/01 WITH SENTENCES RANGING FROM 4 YEARS' TO 33 YEARS' AND 4 MONTHS' IMPRISONMENT.
Note: On 21/6/02 Alarico Fernandes was released after serving 2/3 of his sentence. See JSMP comments 9
Note: On 28/02/03 Gilberto Fernandes was released after serving 2/3 of his sentence. See JSMP Comments 10 (Bahasa Indonesia 10).
Release decision (English); Release Order (English, Portuguese, Indonesian)
On 13/03/03 Gilberto Fernandes was re-arrested for another alleged crime in 1999 but was conditionally released. See JSMP Comments 11
Preliminary Hearing: 6/3/01,
17/5/01
Trial dates: 9/7/01-
11/12/01
Upcoming events: The Defence has filed a Notice
of Appeal, citing "the records of the proceedings in this matter"
as evidence to be presented. On 4/2/02 the Court granted an extention
of time to the appellants to file their appeal, including an order to
the Court Registry to make the official trial record available. Again,
on the 22/3/02, the Court ordered the Court Registry to make the official
records available to the appellants by 15/4/02 and the appellants to file
the statements of appeal by 30/4/02. JSMP is not aware of any transcript
being prepared.
Case Number: 9/2000
Summary of Case: Deputy Commander of KOPASSUS based in Los Palos in 1999. Originally indicted on 11/12/00 as part of the Los Palos case with 4 charges including crimes against humanity that took place in Lautem district between 21/4/99 and 25/9/99, including torture and murder. Currently at large, presumed to be in Indonesia. A warrant for his arrest has been issued.
Preliminary Hearing:
Trial dates:
Upcoming events:
(aka Manuel Leto Bere)
Case Number: 10/2000
Summary of Case: Alleged platoon Commander of the Dadurus Merah Putih militia. Indicted on 11/12/00 with one charge of murder of a FALINTIL supporter near Maliana on the border with West Timor in late September 1999. The Special Panel accepted the accused's claim at trial that he was ordered to kill the victim by TNI members but rejected his claim that he acted under duress. Convicted on 15/5/01 and sentenced to 14 years' imprisonment.
Preliminary Hearing: 6/2/01,
13/2/01,
14/2/01
Trial dates: 19/4/01,
20/4/01,
24/4/01,
15/5/01
Upcoming events: Appeal filed - date to be fixed
Case Number: 11/2000
Summary of Case: Alleged member of Laksaur militia. Indicted on 12/12/00 with one charge of rape of a woman in Betun village, West Timor on 10/9/99. At the preliminary hearing on 14/2/01 the defence claimed the Special Panel lacked jurisdiction to hear the case as the alleged rape occurred outside the territory of East Timor. On 15/5/00 the Special Panel declared that it had no jurisdiction and removed all conditions imposed on the accused who had been conditionally released from detention on 14/2/01.
Preliminary Hearing: 14/2/01,
22/2/01,
6/3/01,
26/4/01
Trial dates: 9/5/01 (interim judgment)
Upcoming events: Appeal filed - date to be fixed
Case Number: 12/2000
Summary of Case: Alleged member of the Darah Integrasi Militia in Lete Foho village, Ermera District. Indicted on 12/12/00 with one charge of murder in Lete Foho in early September 1999. Accused claimed he was forced by militia to kill victim. Convicted on 31/5/01, sentenced to 15 years and 6 months' imprisonment.
Preliminary Hearing: 24/4/01
Trial dates: 8/5/01,
11/5/01,
15/5/01,
31/5/01
Upcoming events: Appeal
filed - date to be fixed
(aka "Geger" / "Chico")
Indictment PDF (Indonesian)
Case Number: 1/2001
Summary of Case: Alleged member of Firmi militia. Originally indicted on 22/01/01 but amended indictment filed on 9/7/01 with two charges of murder and one charge of attempted murder of 3 men from Leo Lima village, Balibo sub-district, Bobonaro district on 15/9/99 in West Timor. At a preliminary hearing on 23/5/99 the Special Panel dismissed the case on the basis that the indictment was not pleaded properly.
Preliminary Hearing: 18/4/01,
4/4/01,
11/ 5/01,
23/5/01
Trial dates:
Upcoming events: Appeal
filed - date to be fixed
Case Number: 2/2001
Summary of Case: Alleged member of the Halilintar militia. Indicted on 1/2/01 with one charge of murder of a CNRT supporter in Memo village, Maliana sub-district, Bobonaro district on 7/9/99. 28/10/01 convicted of murder and sentenced to 16 years imprisonment.
Preliminary Hearing: 17/2/01
Trial dates: 12/6/01,
15/6/01
Upcoming events: Appeal filed - date to be fixed
Case Number: 3/2001
Summary of Case: Alleged member of Team Alpha militia. Indicted on 2/2/01 with one charge of murder and one charge of attempted murder of two pro-independence supporters at a rice warehouse in Lautem, Lautem district on 25/9/99. At trial the accused claimed he was ordered to participate in the killings. Convicted on 18/6/01 and sentenced to 12 years and 6 months' imprisonment.
Preliminary Hearing: 26/4,
2/5-2001
Trial dates: 16/5/01,
23/5/01,
30/5/01,
19/6/01
Upcoming events: Appeal
on sentence filed - date to be fixed
Lolotoe Case Jose Cardoso Fereira
Judgment (full English version) PDF
Weekly summary entry 20-24/1/03 (PDF)
Weekly summary entry 27-31/1/03 (PDF)
Case Number: 4/2001
Summary of Case: Known as the Lolotoe case, it involves 27 counts of crimes against humanity, including imprisonment, torture, inhumane acts, persecution, three rapes and four murders. The incidents took place between May and September 1999 in and around the Lolotoe area near the West Timor border in Bobonaro district. Two of the three accused are alleged to have been commanders of the Kaer Metin Merah Putih militia and the third was a former village chief. The trial commenced on 4 March 2002 but has faced numerous delays. THE ACCUSED WAS CONVICTED ON 05/04/03 WITH CRIMES AGAINST HUMANITY AND SENTENCED TO 12 YEARS IMPRISONMENT.
Preliminary Hearing: 27/4/01,
7/6/01,
4/7/01, 21/10/02
Trial dates: 23/8/01, 27/11/01, 22/2/02,
4/3/02, 27/3/02, 21/10/02,
(trial listed 12/02/03
postponed)
trial listed
for 05/04/03
Upcoming events: Preparation for appeal
Lolotoe Case
Joao Franca da Silva
Case Number: 4A/2001
Summary of Case: The accused was originally indicted as part of the Lolotoe case. During the trial, and agreement was reached with the prosecution whereby the accused pleaded guilty to three counts of imprisonment and one count of torture and the prosecution agreed not to pursue two counts of inhumane acts and one coount of persecution aginst the accused. The Court accepted the plea and on 22/10/02 Joao Franca Da Silva was convicted of four counts of imprisonment/deprivation of liberty and one count of torture. On 29/10/02 the Court sentenced Jhoni Franca to a total of five years imprisonment. (He has already served approximately 18 months of this sentence in pre-trial detention.)
Preliminary
Hearing: 27/4/01,
7/6/01, 4/7/01, 21/10/01
Trial dates: 23/8/01, 27/11/01, 22/2/02,
4/3/02, 27/3/02, 21/10/02,
24/10/02
Lolotoe Case
Decision on conditional release PDF
Case Number: 4B/2001
Summary of Case: The accused was originally indicted as part of the Lolotoe case. During the trial, and agreement was reached with the prosecution whereby the accused pleaded guilty to three counts of imprisonment and one count of torture and the prosecution agreed not to pursue two counts of inhumane acts and one coount of persecution aginst the accused. The Court accepted the plea and on 18/11/02, Sabino Gouveia Leite was convicted of two counts of imprisonment/deprivation of liberty and one count of inhuman acts . On 20/11/02 the Court sentenced Sabino Gouveia Leite to a total of three years imprisonment.
Note: Following the completion of two-thirds of his sentence (on the 4/12/02) and a favourable report on his behaviour in custody, the Court ordered his conditional release on 17/12/02.
Preliminary
Hearing: 27/4/01,
7/6/01,
4/7/01, 21/10/02
Trial dates: 23/8/01,
27/11/01, 22/2/02, 4/3/02, 27/3/02,
21/10/02, 24/10/02,
16/11/02, 18/11/02, 20/11/02.
Upcoming events: the written decision of the court is outstanding.
CASE FINALISED
2nd Lt Bambang Indra
Case Number: Not yet allocated
Summary of Case: Originally indicted in the "Lolotoe" case, new indictment yet to be filed - still at large
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: Not yet allocated
Summary of Case: Originally indicted in the "Lolotoe" case, new indictment yet to be filed - still at large
Preliminary Hearing:
Trial dates:
Upcoming events:
(aka Gaspar Leki)
Case Number: 5/2001
Summary of Case: East Timorese member of the TNI based in Aileu district. Originally indicted on 21/2/01 and amended on 31/5/01 to one charge of murder of a man in Hoholu village, Aileu district on 9/9/99. At the prelimary hearing he initially pleaded guilty, but the Special Panel decided not to accept his admission of guilt, and the case proceeded to trial. Closing submissions delayed while a replacement public defender was being sought. Convicted on 14/9/02 of criminal negligence causing death under section 339 of the Indonesian Penal Code and sentenced to 11 months imprisonment. Leki was acquittted of the charge of murder. Leki has already served 11 months in pre-trial detention, so his sentence has already been served.
Preliminary Hearing: 23/4/01,
24/5/01,
31/5/01
Trial dates: 5/2/02,
8/3/02,
26/3/02,
4/4/02, 7/8/02
CASE FINALISED
Note: the written decision of the court is outstanding.
Case Number: 6/2001
Summary of Case: Alleged member of Aileu Hidup dengan Integrasi militia. Indicted on 21/2/01 with one charge of murder of a man in Menarboe village, Aileu district on 4/9/99. The Special Panel accepted the admission of guilt made by Augusto dos Santos during the preliminary hearing and convicted him without proceeding to trial. Convicted on 14/5/02 of murder and sentenced to 5 years.
Preliminary Hearing: 23/4/01,
24/5/01,
13/6/01,
11/7/01
Trial dates: 19/3/02, 5/4/02,
17/4/02, 14/5/02
CASE FINALISED
Note: judgment not yet available in electronic form. Judgment published in Portuguese only.
Case Number: 7/2001
Summary of Case: Alleged member of the Mahidi militia. Indicted on 16/3/01 with one charge of murder and one charge of arson in Kassa village, Ainaro district on 5 September 1999. Convicted on 27/3/01 of the lesser charge of being an accomplice to murder and sentenced to 4 years' imprisonment.
Preliminary Hearing: 2/5/01, 15/5/01, 23/5/01
Trial dates: 14/11/01,
15/1/01,
28/11/01,
23/01/02, 25/2/02,
11/3/02
CASE FINALISED
aka Francisco Lalu
Case Number: 8/2001
Summary of Case: Intelligence officer with the TNI based in Maliana. Indicted on 21/4/01 with one charge of murder of a man on 7/9/99 who he allegedly handed over to militia in West Timor and ordered to be killed. At trial the accused denied having ordered the killing. Convicted on 10/7/01 and sentenced to 8 years' imprisonment.
Preliminary Hearing: 9/5/01
Trial dates: 30/5/01,
6/6/01
Upcoming events: Appeal filed - date to be fixed
Case Number: Not yet allocated
Summary of Case: Originally indicted on 20/3/01 together with Francisco dos Santos Laku and Mario de Carvalho but indictments severed as accused is still at large, presumed to be in West Timor.
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: Not yet allocated
Summary of Case: Originally indicted on 20/3/01 together with Francisco dos Santos Laku and Armindo dos Santos but indictments severed as accused is still at large, presumed to be in West Timor.
Preliminary Hearing:
Trial dates:
Upcoming events:
Court of Appeal PDF (Portuguese)
Court of Appeal PDF (Judgment of Judge Frederick Egonda-Ntende in English)
Case Number: 10/2001 (formerly 9/2001)
Summary of Case: Originally indicted on 25/4/01 with one charge of murder and three counts of maltreatment. Leave to amend the indictment to crimes against humanity have been granted by the Special Panel for Serious Crimes, and the form in which the indictment was issued approved by the Court of Appeal. New indictment filed 18/5/01 charges the accused with crimes against humanity, including one count of murder and two counts of inhumane acts
Preliminary Hearing: 15/5/01,
31/5/01
Appeal
of Interlocutory Decision: 19/10/01
Trial
dates: 4/11/02,
12/03/02, 13/3/02, 12/3/02
Upcoming events: Trial listed for 24/03/03
Case Number: 10/2001
Summary of Case: Indicted on 26/4/01 with one charge of murder, originally together with Lino de Carvalho, but now severed as defendant is still at large. Originally indicted on 25/4/01 with one charge of murder. Prosecutor has sought leave to amend indictment to crimes against humanity and at last information was waiting for the court's decision.
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: 10/2001
Summary of Case: Originally indicted on 26/4/01 with one charge of murder . Prosecutor has sought leave to amend indictment to crimes against humanity.
Preliminary Hearing:
Trial dates:
Upcoming events:
Anastacio Martins and Domingos Goncalves
Case Number: 11/2001
Summary of Case: Alleged members of the BMP militia, indicted on 1 May 2001. Charged of Crimes Against Humanity, including murder and deportation or forcible transfer of population in Liquica district in September 1999.
Preliminary Hearing: 7/5/02
, 26/11/02
Trial dates: 11/2/02, 3/6/02,
Upcoming events: Trial listed for 07/04/03
Case Number: 12/2001
Summary of Case:
Preliminary Hearing: 2/8/01,
17/01/02
Trial dates:
Upcoming events: indictment has been withdrawn.
Judgment PDF (English)
Judgment PDF (Portuguese)
Case Number: 13/2001
Summary of Case: Indicted on 10/5/01. Former member of the Laksaur militia, charged with one count of murder in Manekiik village, Covalima district on 6 September 1999. The Special Panel accepted the admission of guilt and proceeded to sentencing without trial. Convicted on 18/4/02 of murder and sentenced to 5 years.
Preliminary Hearing: 21/01/02
Trial dates: 18/2/02, 11/3/02, 2/4/02,
18/5/02.
CASE FINALISED
Note: indictment contains the identity of the rape victim and is not publicly available.
Case Number: 14/2001
Summary of Case: Indicted on 15/5/01 on a charge of rape of a woman who was taken from the TNI 744 base in Becora in September 1999. Hearings were closed to the public. Convicted on 12/9/02 of rape and sentenced to four years jail.
Preliminary Hearing: 13/11/01
Trial dates: 12/2/02, 27/3/02, 6/5/02,
23/5/02, 17/7/02
Upcoming Events: Appeal filed - date to be fixed
Case Number: 15/2001
Summary of Case: Originally indicted on 28/1/02 with one charge of murder related to the Suai church massacre on 6 September 1999. Prosecution sought leave to amend the indictment to cover crimes against humanity.
Preliminary Hearing: 21/2/02
Trial dates: 15/7/02
Note: Indictment withdrawn
Court
of Appeal Ápplicable Subsidiary Law´decision - 15 July 03
(Portuguese) PDF
Case Number: 16/2001
Summary of Case: Indicted on 5/6/01 charged with crimes against humanity including 3 counts of murder and one of other inhumane acts. The acts were allegedly committed as part of militia violence in Liquica District in March and April 1999, including the massacre of a group of villagers who were hiding in the Liquica Church on 6 April 1999. One of the charges also relates to another attack on the house of Manuel Carrascalao in Dili on 17 April 1999. Convicted on 10/9/02 of three counts of murder and sentenced to 20 years' imprisonment. Acquitted of crimes against humanity.
Prosecution appeal against acquittal of crimes against humanity. Court of Appeal decision 15/7/03: Convicted and sentenced to 25 year´s imprisonment for Genocide contrary to the Portuguese Penal Code (the Court of Appeal´s Ápplicable Subsidiary Law´ Decision).
Preliminary Hearing:
Trial dates: 30/01, 31/01, 01/02, 04/02,
07/02, 15/02/02, 27/2/02, 15/3/02 4/4/02, 14/5/02,
15/7/02
Upcoming events: Appeal against decision of
Court of Appeal filed by Prosecutor General to East Timor´s Supreme
Court of Justice July 2003 - date to be fixed
Case Number: 17/2001
Summary of Case: Indicted on 27/6/01. No further information available. Indictment withdrawn.
Preliminary Hearing: 24/01/02
Trial dates:
Note: Indictment withdrawn.
Case Number: 19/2001
Summary of Case: Besi Merah Putih militia member indicted on 21/9/01 with three counts of crimes against humanity including two murders in April 1999 and torture and inhumane acts in August 1999. Released 09/06/03 from Pre-trial detention
Preliminary Hearing: 1/2/02
Trial dates: 15/3/02
Upcoming events: trial listed for 24/02/03
Passabe case
Simao Lopes
Laurentino Soares(alias Moko)
Gabriel Kolo
Bonifacio Bobo (alias Bone)
Andre Ulan
Anton Sabraka
Florenco Tacaqui*
Tomas Bubun
Elvis Lopes
Domingos Obe
Julio da Costa
*only one in custody
Case Number: 20/2001
Summary of Case: Indictment filed on 21/09/01. Each of the accused is alleged to be connected with the Sakunar Militia, including the Supreme Commander and two village commanders. They are charged with 8 counts of crimes against humanity, including imprisonment, inhumane acts, deportation, persecution, the murders of 18 men on 8/9/99 and the extermination of 47 men on 10/9/99. In addition, Simao Lopes, Laurentino Soares, Gabriel Kolo, Andre Ulan and Anton Sabraka are charged with command responsibility. With the exception of Florenco Tacaqui (Florencio Takaqui), all of the accused are at-large and presumed to be in Indonesia.
Preliminary Hearing: 7/2/02,
7/3/02 11/4/02
Trial dates:
Upcoming events: listed for trial 14/07/03
Liquica Church massacre case
Leoneto Martins
Augustinho Alves Correia
Jose Afat
Lt.Col. Asep Kuswani
Cpt.Purwanto
Sgt.Major Carlos Amaral
Lt.Dominicus Yance Sado
Lt.Col.Adios Salova
Tome Diogo
Domingos Mendez aka Domingos Askopas
Henrique Moreira
Jorge Veigas
Manuel Sosa
Joao Sera aka Joao Loumeza
Felipe Graciano
Zacharia Alves
Jacinto Gonsalves
Floriano Da Silva aka Floriano Dato Meta
Domingos Goncalves aka Domingos Limen Sanak
Victor da Cruz
Victor Lopez aka Victor Handako
Case Number: 21/2001
Summary of Case: Indictment filed on 22/11/01. The 20 persons named are accused of 18 charges of Crimes Against Humanity related to the April 1999 Liquiça Church massacre. The crimes include murder, torture, prosecution, inhuman acts, forced deportation and extermination. The accused include the Bupati of Liquica (Leoneto Martins) and two sub-district adminstrators, the Dandim (District Military Commander) for Liquica and his deputy, two DANRAMIL (Sub-district military commanders), the KAPOLRES (District Police Commander) for Liquica, 3 TNI officers and one intelligence officer. The remainder are alleged to have been members of the Besi Merah Putih militia group, including the Commander (Manuel Sousa), his deputy and other BMP commanders from Bazartete sub-district. All of the accused are charged with both individual and command responsibility. All of the accused are at-large and presumed to be Indonesia. Several of the accused are also charged in connection with the Dili Rally Case, Case No 2/2002 (see below).
Preliminary Hearing: date
to be fixed
Trial dates:
Upcoming events: preliminary hearing
Case Number: 1/2002
Summary of Case: Indictment filed 22/1/02. The accused is charged with one count of murder of a village chief on Atauro Island on 23/9/99.
Preliminary Hearing: listed
for 22/5/02,
then 31/5/02;
took place on 07/02/03,
Trial dates:
Upcoming events: preliminary hearing adjourned
to 14/4/03
Dili Rally case
Eurico Guterres
Manuel Sousa
Joao Sera aka Joao Loumeza
Floriano Da Silva aka Floriana Dato Meta
Marculino Soares†
Tome Diogo
Jose Mateus
Antonio Gomes
Antonio Bescau
Antoninho Martins
Teofilo da Silva Ribeiro
Abilio Lopez da Cruz
Jorge Viegas
Mateus Metan
Domingos Bondia
Fernando Sousa
Armindo Carrion
†Only accused in detention
Case Number: 2/2002
Summary of Case: Indictment filed 18/2/02, involving charges of 5 counts of crimes against humanity. 8 of the accused were East Timorese members of the TNI. Eurico Guterres is alleged to have been the commander of the Aitarak militia and also the Deputy Commander of the Pasukan Pejuang Integrasi (PPI). The remainder are alleged to have been commanders or members of the Besi Merah Putih militia. The charges include persecution, 13 murders and inhumane acts, relating to several incidents on 17 April 1999 in Dili, including an attack by members of the TNI and Besi Merah Putih militia on the house of Manuel Carrascalao following a pro-autonomy rally. In addition, Eurico Guterres, Manuel Sousa, Joao Sera, Floriano da Silva and Marculino Soares are charged with command responsibility. Only one of the defendants is known to be in East Timor, Marculino Soares, who was detained in January 2003.
Preliminary Hearing:
Trial dates: detention review hearing
held on 28/1/03 for Marculino Soares
Upcoming events: preliminary hearing
Bernadino da Costa
(aka Mata Satu)
Case Number: 3/2002
Summary of Case: Indictment filed 13/2/02. The accused is alleged to have been the Danrim (Sub-district Commander) of Tim Sasurut Ablai Militia in Same sub-district. He is charged with 9 counts of crimes against humanity, including 7 murders, imprisonment, deportation/forcible transfer of civilian population and persecution. The charges relate to incidents in several villages in Same sub-district between April and September 1999. The accused is charged with both individual and command responsibility. The indictment also refers to the role of Benjamin Sarmento (alleged to have been the Dandim or Deputy Commander) and Romeiro Tilman (alleged to have been the Danru or 3rd in Command) who have been indicted in Case No 18/2001 (see above - formerly Case No 4/2000).
Preliminary Hearing:
Trial dates:
Upcoming events: preliminary hearing
"X"
Note: indictment contains the identity of a minor and is not publicly available.
Case Number:
4/2002
Summary of Case: The Court ordered the name and any other information
that could identify the individual in this case to be supressed because
X is a minor. X was initially indicted on 17/5/02 for crimes against humanity
in the form of extermination and attempted extermination in relation to
violence in September 1999. The amended indictment of 23/10/02 charged
X with the murder of three men under the article 338 of the Indonesian
Penal Code. He was convicted on this charge on 2/12/02 and sentenced to
one year imprisonment.
Preliminary Hearing: 6/09/02, 10/09/02, 13/09/02,
Trial Dates: 25/10/02, 28/10/02, 29/10/02, 8/11/02, 2/12/02
CASE FINALISED
Weekly summary entry 20-24/1/03 (PDF)
Weekly summary entry 27-31/1/03 (PDF)
Case Number: 5/2002
Summary of Case: Umbertus and Carlos Ena are alleged to have been members of the Sakunur militia which operated in Oecusse from April to October 1999. Both accused are indicted for crimes against humanity that allegedly occurred in an attack on Naetuna village, sub-district of Passabe, on or around the 9/11/99. They are charged with the murder of two villagers and the attempted murder (or in the alternative, inhumane acts intentionally causing great suffering or serious injury) of a third villager.
Preliminary Hearing: 14/2/03
Trial dates:
Upcoming events: preliminary hearing listed
for 7/05/03
Case Number: 6/2002
Summary of Case: The accused was a member of the TNI in the village of Lourba, Bobonaro. He is charged with one count of murder for the stabbing of Lucinda Saldanha and one count of attempted murder for the stabbing of Juvita Saldanha (the victim's mother). It is alleged that both acts accurred on 10 September 1999. Other TNI solders alleged to be involved in the attack were Pedro Mau and Sabino (last name unknown).
Preliminary Hearing: Preliminary
hearing was listed for 23/9/02 and was postponed to 3/10/02
was postponed again to 10/10/02.
Preliminary Hearing was held on 10/10/02.
Trial dates: 9/12/02, postponed 3/2/03,
postponed 17/2/3, postponed 19/2/03
Upcoming events: Trial listed for 21/04/03,
Atabae case
Paulo Gonsalves
Marcelino Leto Bili Purificasao
Rosalino Pires
Case Number: not yet allocated
Summary of Case: Indictment filed 12/6/2002. The first accused is alleged to have been the Commander of Halilintar militia member and the second his deputy. The 3 men are charged with 13 counts of crimes against humanity that include multiple rapes and torture between April 1999 and late September 1999 that took place in Atabae sub-district, Bobonaro district. The offences include claims that several women, who themselves and their families were suspected to be pro-independence, were repeatedly targeted and subjected to sexual violence by the militia.
Preliminary Hearing:
Trial dates:
Upcoming events: Preliminary hearing
Sutrisno
aka Trisno
Asis Fontes
Joao Baptista aka Joao Gomblo
Vitalis Fernandes aka Vitalis Afonso
Marito LeloBere Moreira
Jose Soares aka Jose Besi Boro
Salvador Soares aka Salvador Leos
Marobo and Dodo*†
Humberto Lopes
Martinho Afonso
Manuel [last name unknown]
*only accused in custody
Case Number: not yet allocated
Summary of Case: Indictment filed 24/6/02. The first 2 named accused are listed as being TNI intelligence officers. The other accused are alleged to have been members of the Dadurus Merah Putih militia, including the platoon commander. They are charged with 2 counts of crimes against humanity, including 2 murders and torture relating to the attack on 2/9/99 on 2 East Timorese UNAMET staff in Raifun village, Maliana Sub-district of Bobonaro district. Sutrisno and Fontes are also charged with command responsibility. Indictment has been severed. Prosecution is only proceeding against Salvador Soares because other indictees are still at large. See below.†
Preliminary Hearing: 6/9/02
Trial dates:
Upcoming events:
Case Number: 7/2002
Summary of Case: Indictment filed 24/6/02. Amended indictment filed on 12/9/02. Accused is charged with murder as a crime against humanity and torture as a crime against humanity. Salvador Soares is alleged to have been a member of the Dadurus Merah Putih militia. The charges relate to the murder and torture of two East Timorese UNAMET staff in Raifur village, Maliana Subdistrict of Bobonaro District. Soares was originally charged with nine others - see above.
Preliminary Hearing: preliminary
hearing for Bobonaro UNAMET case listed for 23/9/02. Hearing of Soares
matter then postponed to 26/9/02, and subsequently postponed to 2/10/02.
Trial dates: 18/11/02
Upcoming events: Trial listed for 10/03/03
Case Number: not yet allocated
Summary of Case: Indictment filed on 24 September 2002. The accused is alleged to have been a clandestine member of Falintil. He is charged with one count of murder under section 8 of UNTAET Regulation 2000/15 and article 340 of the Indonesian Penal Code. It is alleged that on 19 September 1999 he stabbed Graciano Mau Mario in Aitura, Ermera.
Preliminary Hearing: to be advised
Trial dates:
Upcoming events:
Edmundo Da
Conceicao Silva
Rahman Zulkarnean
Syaful Anwar
Tomas Da Costa
Inacio Oliveira
Joaquim Januario
Gilberto Fernandes
Anton Regu
Jose Da Costa
Lamberto Dos Santos
Martinho Da Costa
Jose Solari
Case Number: not yet allocated
Summary of Case: ´Tim Alfa, also known as ´Jati Merah Puti´(Áuthentic Red and White´) is the name given to an armed group founded in Lautem District in 1986 and trained by KOPASSUS officers. It was a locally recruited and trained armed militia group which is alleged to have been covertly funded and trained by KOPASSUS officers targeting civilians in the Los Palos area and Lautem District - particularly those considered to be pro-independence supporters.
The charges in this indictment relate to the alleged persecution and murder of Verissimo Dias Quintas, the traditional king of Los Palus (Liurai) and a prominent member of the CNRT (National Council of Timorese Resistance) in Lautem District following an attack on his home on 27 August 1999 during the popular consultation voting campaign.
The first Accused, Edmundo da Conceicao Silva, was the former Bupati (District Administrator) of Lautem District, Chairman of the BRTT (East Timor People´s Front) and an honorary member of KOPSASSUS (Special Forces of the Indonesian Armed Forces). He is alleged to have worked in conjuction with the second Accused, Rahman Zulkarnaen, the TNI Lieutenant commanding KOPASSUS forces stationed in Los Palos, in planning and directing these attacks.
Each of the twelve Accused are charged with individual criminal responsibility under UNTAET Regulation 2000/15, section 5.1 (a) with murder as a crime against humanity. They are also charged under UNTAET Regulation 2000/15, section 5.1 (h) with persecution as a crime against humanity. Edmundo da Conceicao Silva and Rahman Zulkarnaen are also charged with superior criminal responsibility (¨command responsibility¨) for the actions of their subordinates in carrying out these offences.
Preliminary Hearing:
Trial dates:
Upcoming events: trial listed for 21/3/03
Vidal
Doutel Sarmento
Filomeno Brito
Antonio Doutel Sarmento
Thomas dos Reis
Alexio Carvalho
Case Number: not yet allocated
Summary of Case: Indictment filed on 6 November 2002. The persons named are accused of 38 charges of murder, torture, inhumane acts, imprisonment, persecution, deportation, and attempted murder. The accused include former Manatuto Bupati Vidal Doutel Sarmento, who is alleged to be the founder and commander of the Manatuto-area Mahadomi militia, and alleged Mahadomi militia group commanders. All of the accused are at large, believed to be in Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Battalion 745
Maj. Jacob
Djoko Sarosa
Lt. Camilo dos Santos
Case Number: not yet allocated
Summary of Case: Major Jacob Djoko Sarosa was the Battalion Commander and Lieutenant Camilo dos Santos was a platoon commander of Indonesian army (TNI) Battalion 745 in Los Palos sub-district, Lautem. They were indicted on 6/11/02 with 17 counts of murder, imprisonment and other inhumane acts. They are alleged to be responsible for various crimes as either individuals or otherwise as superiors responsible for the acts of subordinates. The charges relate to acts allegedly committed in September 1999 in Los Palos prior to the Battalion withdrawing, and acts allegedly committed when the Battalion withdrew to West Timor. One charge is for the murder of Dutch journalist Sander Thoenes. The accused are at large, believed to be in Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: 1/2003
Summary of Case: The accused is alleged to have been a member of the Laksaur militia that operated throughout Covalima District in 1999. The indictment, filed on 21/1/03, charges the accused with three counts of murder occuring in Suai in August and September 1999.
Preliminary Hearing: 21/4/01
Trial dates: 14/7/01 Adjourned by decision in Chambers on application
of Defence. Defence not ready as case recently reassigned. Re-listed for
22/9/03.
Upcoming events:
The Cailaco case
TNI
Burhanuddin
Siagian
Sutrisno
Assis Fontes
Mahalan Agus Salim
Tito Lete Bere
Yeohanis Loe Dasi
Guilherme Atusuri
Haerola [LNU]
Manuel Mau Bau
Silvano Siga Mau
Manuel Mali Lete
Gustavo Soares
Alindo Bere Dasi
Agostino Lopes
Manuel Lopes
Militia
Joao da Silva
Tavares
Jorge Tavares
Paulo Gonsalves
Francisco Viegas Bili Ato
Feliciano Mau Bere
Jose Apalagi
Alcanzo Pereira
Carlito Gama
Adao Salsinha Babo
Flaviano Dasi Lelo
Aprecio Miguel
Justinho Borges
Arnold Soares [aka Jaime]
Rui Bere Loe
Agustinho Bili Tae
Joao Coli
Manuel Maia
Indictment - English (MS Word)
Indictment - Portuguese (MS Word)
Indictment - Bahasa Indonesia (MS Word)
Case Number: not yet allocated
Summary of Case: Summary of Case: Known as the Cailaco case, it comprises 16 counts of crimes against humanity against a total of 32 Accused. The Accused were each either members of TNI Kodim 1636, other TNI units and various militia groups (Guntur, Halilintar, FPDK and DMP) operating in and around Cailaco Sub-District, Bobonaro District near the West Timor border. The charges relate to incidents carried out in March and April 1999 by the TNI and militia groups targeting suspected pro-independence supporters. They include multiple counts of murder, torture, persecution, imprisonment or deprivation of liberty, forced relocation and destruction of property.
The Accused include the former TNI Commander (Dandim) of Kodim 1636, Burhanuddin Siagian, Lt Sutrisno, Kodim Head of Intelligence, Joao da Silva Tavares, Head of the Integration Fighting Forces in East Timor, Jorge Tavares, Head of the FPDK Bobonaro District, Paulo Gonsalves, Halilintar militia Commander, Bobonaro District, Adao Salsinha Babo, Guntur militia Commander, Cailaco Sub-District and a number of lesser TNI and militia members. A number of them are charged under the principle of 'Command Responsibilty' for acts perpetrated by others. Each of the Accused are believed to be living in West Timor or elsewhere in the Republic of Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Zacky Anwar Makarim
Kiki Syahnakri
Adam Rachmat Damiri
Suhartono Suratman
Mohammad Noer Muis
Yayat Sudrajat
Abilio Jose Osorio Soares
Indictment - Bahasa Indonesia PDF
Case Number: not yet allocated
Summary of Case: The indictment against General Wiranto, former Indonesian Minister of Defence and Security and Commander of the Armed Forces of Indonesia (ABRI / TNI), other senior TNI leadership figures and the former Governor of East Timor, Abilio Soares, was filed by the Deputy General Prosecutor for Serious Crimes on 22/02/03.
The eight Accused are collectively charged with five counts of Crimes Against Humanity, namely murder, persecution, and deportation or forcible transfer of the civilian population stemming from the criminal acts and omissions perpetrated by TNI and militia groups throughout East Timor in 1999. Wiranto and Mohammad Muis (former Commander of military forces in East Timor) are charged with Crimes Against Humanity under the principle of ¨Command Responsibility¨ which renders them liable for the actions of their subordinates, whereas five other Accused (Makarim, Syahnakri, Damiri, Suratman, Sudrajat) are charged with both individual criminal responsibility and command responsibility for the actions or omissions of their subordinates respectively. Abilio Soares, the former Governor of East Timor is charged with individual criminal responsibility in light of his active participation in the establishment of violent militia groups.
All of the
accused persons are currently at-large and believed to be living in Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: 03/2003
Summary of Case: Quelo Mauno (otherwise known as Agostinho Atolan) was a former commander of the Sakunar Militia in Passable sub-district, in the East Timorse enclave of Oecussi between April - October 1999.
The indictment, which was filed with the court on 15 February 2002, charges Mauno with responsibility for the murder of Domingos Kolo, a resident of Nibin village, Oesilino Sub-district, on or about 8 September 1999. The murder is alleged to have occurred during an attack upon Kolo´s village by the Sakunar militia following the East Timorese vote for independence in the Popular Consultation of 30 August, 1999.
The prosecution allege that During the attack, Domingos Kolo was captured by the militia, placed under arrest, and then allegedly forced to accompany the militia members to the village of Passabe. During the course of this journey, Quelo Mauno and his militia group are alleged to have repeatedly kicked Mr Kelo, before dragging him into a beetle nut plantation where they stabbed him to death with a bolo (large knife). His body was later found abandoned in the beetle nut plantation by his brother.
The prosecution allege that the murder constitutes an offence which was committed as part of a widespread or systematic attack against a civilian population, and with knowledge of the attack - and is therefore a crime against humanity pursuant to Section 5.1(a) UNTAET Regulation 2000/15. Convicted on 09/6/03 and sentenced to 7 years' imprisonment.
Preliminary Hearing: 22/05/03
Trial dates:
Upcoming events:
CASE FINALISED
Remesio Lopes de Carvalho
Orlando Batista
Celestino Barros
Barnabe Barros
Vasco da Cruz
Domingos Alves
Francisco Mendez
Fernando Lopez
João Batista
Martinho Lopes
Francisco Atetulo
Manuel Gomes
Felismino Lopes
Jose Lokomau
Jose Beldasi
Adriano Lopez Titimao
Alfonso Caldas
Silverto Lopes
Marcelo Gomes
Marcelino Beremali
Lino Barreto
Indictment - Bahasa Indonesia PDF
Case Number: 06/2003
Summary of Case: The Mahidi militia case comprises 27 counts of crimes against humanity against a total of 22 Accused. The Accused were each members of the Mahidi (Mati Hidup Demi Integrasi) militia which operated in the Districts of Aileu, Ainaro and the Eastern part of the District of Covalima. The charges relate to incidents including the attack at Fatuk Maria, Sub-District of Manutassi in January 1999, the attack on the sub-village of Galitas on 25 January 1999, attacks on students from the National University of East Timor in the Suai Sub-District in April 1999 and the torture and murder of civilians at the Mahidi militia post throughout April of that year. The charges include multiple counts of murder, enforced disappearance, persecution, torture, imprisonment or deprivation of liberty, other inhumane acts and the forced deportation of civilians to West Timor.
The Accused include Cancio Lopes de Carvalho, who is alleged to have been the overall commander of the Mahidi militia group. Remesio Lopes de Carvalho, alleged to be the group's intelligence officer and Vasco da Cruz, commander in Zumalai sub-district. Each of the Accused are believed to be presently living in West Timor or elsewhere in the Republic of Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: 07/2003
Summary of Case:The Accused case is alleged to have been a former member of the Laksaur militia operating in Covalima District near the border with Indonesian West Timor.
The indictment, filed with the court on 28 February 2003, charges Gusmao with responsibility for the murder of Felix Mali, the leader of Korenti Mate Fatin (a clandestine group providing support to Falintil independence fighters) in Suai Sub-district, Covalima District.
The prosecution allege that on 5 September 1999, members of the Laksaur militia, including the Accused, attacked Sukaer Laran Sub-village, with rifles and swords. They are alleged to have set fire to several houses, and then proceeded to Felix Mali´s house, which the Accused is said to have forcibly entered. The Accused is then said to have killed Felix Mali, who suffered from a physical disability rendering him unable to walk, by stabbing him in the back with a sword. The remaining villagers were then said to have been forcibly taken to West Timor by truck.
The prosecution allege that the murder of Felix Mali was committed as part of a widespread or systematic attack against a civilian population, and with knowledge of the attack. They have therefore charged the Accused with individual responsibility for murder as a crimes against humanity pursuant to Section 5.1(a) UNTAET Regulation 2000/15.
The Accused in presently being held in detention awaiting trial.
Preliminary Hearing:
Trial dates:
Upcoming events:
Miguel da Silva aka Miguel Mau
Case Number: 08/2003
Summary of Case: Member of the Laksaur militia which was founded in April 1999 and alleged to be responsible for a number of widespread and systematic attacks against the civilian population in Covalima District. Da Silva is charged with 4 counts of crimes against humanity, including two counts of murder, one of persecution and one of extermination. The fourth count of the indictment relates to the murder of three priests and the extermination of an unknown number of civilians during an attack on the Ave Maria Church at Suai ("the Suai Church Massacre") on 6 September 1999.
Da Silva
in presently in custody in Dili.
Preliminary Hearing:
Trial dates:
Upcoming events:
Egidio
Manek
Maternus Bere
Pedro Teles
Henrikus Mali
Cosmas Amaral
Alipio Gusmao Aka Alipio Mau
Baltazar da Costa Nunes
Dominggos Mali Aka Bete Aloi
Illidio Gusmão
Joaquim Aka Berek Bot
Alivio Tato Bau
Gabriek Nahak
Amerco Mali
Zito da Silva Aka Zito Saek
Case Number: 9/2003
Summary of Case: The Laksaur militia case charges 51 counts of crimes against humanity against a total of 11 Accused. The Accused were each members of the Laksaur militia which operated in Covalima District and around Suai near the border with Indonesian West Timor. The Supreme Commander of the Laksaur militia, Olivio Mendonca Moruk (now deceased) and his brother, Egidio Manek are alleged to have exercised effective command and control over other Laksaur militia commanders ("Danki") and to have directed operations against the civilian population in Covalima District in partnership with TNI elements.
The charges include multiple counts of murder, enforced disappearance, persecution, torture, rape, other inhumane acts directed against the civilian population of Covalima District, and the summary execution of many persons suspected to be supporters of the East Timorese independence movement. They also include the forced deportation of civilians to West Timor. Notably, the crimes alleged against the accused include participation by the Laksaur militia in the Suai Church Massacre of 6 September 1999 which resulted in the death of 3 priests and an estimated 27 - 200 civilians and the forcible abduction by Egidio Manek of Juliana Dos Santos whom he announced would be his wife. Juliana Dos Santos, together with other survivors of the Suai Church Massacre and a large part of the female population of Covalima District were then forcibly deported to West Timor - with many women being subjected to repeated interrogations, persecution and rape at the hands of their abductors.
Each of the Accused, including Egidio Manek and Maternus Bere, Commander of the Laksaur militia in Suai remain at large and are believed to be living in Indonesian West Timor.
Preliminary Hearing:
Trial dates:
Upcoming events:
Marcelino Soares
Case Number: 11/2003
Summary of Case: The Accused is a former Babinsa, or village level Commander of the Indonesian Armed Forces (TNI) in Hera village, Metinaro Sub-District, Dili. He is indicted upon three counts of crimes against humanity (murder, torture and persecution by unlawful detention) arising from the arrest and torture of several members og the East Timorese pro-independence group,ESTAFET, by East Tinorese and Indonesian TNI soldiers, and the subsequent murder of Luis Dias Soares on or about 20 April 1999.
As Babinsa, the Accused is alleged to have had direct command and control over the Timorese TNI soldiers stationed in Hera, and whom in conjunction with their Indonesian counterparts carried out the arrests touture, and the beating murder of Luis Soares. He is indicted, both individually and on the basis of Superior Criminal responsibility (" Command responsibility") for the actions of his subordinates on the charges of torture and persecution by unlawful detention. He is also indicted on the basis of command responsibility for the further count of the beating murder of Luis Soares.
Preliminary Hearing:
Trial dates:
Upcoming events:
Domingos
Amati
Francisco Matos
Case Number: 12/2003
Summary of Case:The Accused are former members of the Aitarak militia operating in Hera sub-district, Dili. They are jointly accused of the murder of Antonio Pinto Soares, a fellow Aitarak militia member (and also said to be a clandestine supporter of the pro-independence movement) by having repeatedly having stabbed him with machetes. They are charged with murder in violation of Section 8 of UNTAET regulations 2000/15 and Article 340 of the Indonesian Penal Code.
Preliminary Hearing:
Trial dates:
Upcoming events:
Eurico
Guterres
Mateus de Carvalho
Timbul Silaen (Police Comd.)
Adolfo Viera Liao
Agus Suwarno (TNI)
Antonio Ximenes Brito
Marcelino [LNU]
Caetano da Silva
Case Number: 13/2003
Summary of Case: Indictment filed 11.3.03. This case concerns the indictments against Eurico Guterres, Commander of the Aitarak militia, Timbul Silaen, Chief of Police in East Timor and other elements of the Aitarak militia leadership and TNI in East Timor. It comprises 9 counts of crimes against humanity against the 8 Accused.
The Aitarak militia was the lead militia group operating in Dili between April and September 1999, and in collaboration with Indonesian TNI (military) and POLRI (police) units, the Aitarak militia conducted a well-orchestrated campaign of of violence against the civilian population in Dili, suspected supporters of FALINTIL (Armed Forces for the Liberation of East Timor), and others suspected of being sympathetic towards the independence cause. The indictment charges multiple counts of murder, summary execution, enforced disappearance, destruction of property, abductions and other inhumane acts against the Accused, including the forced deportation of much of the civilian population in Dili. Notable incidents involving the Aitarak militia, TNI and POLRES forces include the attacks on civilian refugees at the Dili Diocese on 5 September and the home of Bishop Belo, the Canossian Convent and Red Cross compound on 6 September 1999, together with the forcible deportation of some 25 000 people to Indonesian West Timor.
Several of the Accused, such as Eurico Guterres and Timbul Silaen, are charged with both personal responsibility for these offences and also superior criminal responsibility for the criminal acts or omissions of their subordinates. Each are still at large and believed to be living in West Timor or elsewhere in the Republic of Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Second Covalima Cases
Col. Herman
Sedyono
Lt.Col. Achmad Mas Agus (TNI)
Lt. Col. Lilik Koeshardianto (TNI)
Lt. Col. Gatot Subiaktoro (POLRI)
Capt. Achmad syamsuddin (TNI)
Lt. Sugito (TNI)
Lt. Widodo (TNI)
Lt. ARI aka Commandante Ari (TNI)
Sgt.Maj. Harum Tateny (TNI)
Sgt. Maj. Supoyo (TNI)
Simao Nahak (TNI)
Raul Halek (TNI)
Americo Seran (TNI)
Julio Borges (TNI)
Leonito Cardoso (TNI)
Anito Lau (TNI
Case Number: 14/2003
Summary of Case:
Indictment filed 02.4.03. The Second Covalima
Indictment comprises 27 counts of Crimes Against Humanity against a total
of 16 accused, most of whom held senior positions within various security
organizations of the district of Colvalima and its sub- districts between
1 January 1999 and 25 October 1999.
The Accused are each former or serving TNI (Tentara National Indonesia)
personnels with the exception of Lt Col Gatot Subiaktoro, a Polri (Indonesian
Police Force) officer. The first named accused, Col. Hernam Sedyono, was
the Bupati (District Administrator) of Covalima during the events described
in the indictment.
The charges relate to incidents against individuals and groups throughout
the Colvalima district. Incidents include murder, attempted murder, torture
and persecution against people in villages including Umah Merah, Casabauk,
Nikirr, Leogore, Kiar and the sub-districts of Tilomar, Fatukmetan, Fohorem,
Fatululik. Various attacks against people hiding in the forests in Covalima
district are also documented. The forced deportation of the sub- village
of Sukaer and Suai town are part of the indictment. The indictment also
covers the Suai Church Massacre on 6 September 1999 in which between 27-
200 people were murdered in an attack by the Laksaur militia, TNI, Polri
and Brimob (Brigade Mobile- part of TNI). The Laktos Masacre, in which
14 people in Rai Ulun were killed when they tried to resist forced removal
to West Timor by the Laksaur Militia, TNI and Milsas (organization within
the TNI), is also included in the indictment.
The charges include multiple counts of Crimes Against Humanity: murder,
attempted murder, extermination, torture, enforced disappearance, persecution
including abduction and forced deportation of civilians to West Timor.
All the accused are believed to be presently living in the Republic of
Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Erminghindo L Soares
Case Number: 15/2003
Summary of Case: Indictment filed 09.4.03. Indictment requested. Not yet obtained. Indictment contains details identifying victim of alleged sexual assault.
Preliminary Hearing:
Trial dates:
Upcoming events:
Jose Pereira
Case Number: 16/2003
Summary of Case:
Indictment filed 04.6.03. This case charges
one count of crimes against humanity, being murder, by two accused. The
first accused, Beny Ludji, was allegedly the Company Commander of the
Aitarik militia in the Caicoli region (Company A) which comprised Aitarik
members from Caicoli and Mascarinhas. The indictment alleges Beni Ludji
threatened to kill anyone that supported independence and in particular,
that he threatened Guido Alves Correia, a member of CNRT and an active
campaigner for independence.
It is further alleged that on 1 September 1999, an Aitarik patrol, under
the command and control on Beny Ludji, surrounded and attacked the house
of Guido Alves Correia. While attempting to escape, Guido Alves Correia
was hit in the back with a spear. After being hit Guido Alves Correia
continued to flee, but was chased by other militia members, including
the second accused, Jose Pereira. The militia members are then said to
have hacked the victim to death and later reported the death to Beny Ludji.
Ludji is said to have ordered the victim's body be brought to his house,
and together with other militia, then buried the body outside Dili. Jose
Pereira is said to have taken the spear used in the attack and arranged
for it to be buried in the garden of his father's house.
Beny Ludji and Jose Pereira are currently being held in Becora prison
awaiting trial. The case is noteworthy because it is is the first case
in which an Indonesian national, present in Timor Leste, has been charged
with crimes against humanity, arising from the events of 1999. All other
Indonesian nationals indicted by the Serious Crimes Unit are believed
to be still at large in West Timor, or elsewhere in the Republic of Indonesia.
Refer also to the related case of Jose Lopez Da Cruz Mendonza: case number
12/ 2003.
Preliminary Hearing:
Trial dates:
Upcoming events:
Indictment - English PDF
Case Number: 17/2003
Summary of Case:
Indictment filed 04.06.03. This case charges
one count of crimes against humanity, being murder. The crime is alleged
to have been committed by Jose Lopez Da Cruz Mendoza, who was a member
of the Aitarak militia from Mascarinhas. The Aitarak militia operated
throughout the Dili district between April 1999 and September 1999. The
victim, Guido Alves Correia, was targeted by the militia because he was
an active campaigner for independence and a member of the CNRT.
The indictment accuses Jose Mendoza with responsibility for the murder
of Guido Correia, on the night of 1 September 1999, by throwing a spear
at him and hitting him in the back. The indictment asserts that the victim
ran after being hit by the spear but was chased and hacked to death by
members of the militia using machetes.
The Aitarak militia Company A (Caicoli and Mascarinhas region) was under
the control and command of Beny Ludji (Refer to the related indictment
against Beny Ludji and Jose Pereira).
The accused remains at large and is believed to be living in the Republic
of Indonesia.
Preliminary Hearing:
Trial dates:
Upcoming events:
Maliana Indictment
TNI
Lt.Col. Burhanuddin Siagian
Lt.Col bambang G. sypriyanto
Lt.Sutrisno a.k.aa Trisno
Lt.M.Yusuf
Rizal (SGI)
Sgt. Domingos Dos Santos
Sgt. Julio Lopes
Sgt. Mau Buti
Sgt. Manuel Lopes
Sgt. Frederico M. pires
Sgt. Jose Bere Laka
Sgt. Alvaro Mali
Sgt. Francisco Fernades
Sgt. Miguel Soares
Sgt. Jose Simão
Cpl. Rui Bere Tai
Cpl. Romeu da silva
PNS. Domingos dos Santos de carvalho
POLRI
Sgt. (Pol) Clementino dos Santos de Carvalho
CIVILIAN
ADMINISTRATION
Guilherme dos Santos
MILITIA
João da Silva Tavares
Jorge Tavares
Natalino Monteiro Goncalves
Marcos Tato Mali
Ruben Tavares
Ruben Monteiro Goncalves
Antonio de Jesus
Inacio de Concencão
João (LNU) a.k.a. Laho
Luis Cardoso
Armando Soares
João Coli
Alferedo Asa Mau
Francisco Bere Masak
Francisco ( LNU) a.k.a Nando
Jacinto (LNU)
João Baptista
João Kometa
Jose Soares
Luis Mali Dato
Marito Moreira
Mateus Moniz
Leonito Martins
Manuel Cancil
Rui Kele
Elias Perreira
Afonso Davidson
Leonito Moniz
Mau Xesta
Bernardino (LNU)
Zernias (LNU)
Zepriano (LNU)
João dos Santos Moniz
Aprecio Mali Dao
Daniel ( LNU)
Baptista de Sousa
Case Number: 18/2003
Summary of Case:
Preliminary Hearing:
Trial dates:
Upcoming events:
Case Number: 19/2003
Summary of Case: Indictment filed 10.7.03. Indictment requested. Not yet obtained.
Preliminary Hearing:
Trial dates:
Upcoming events:
Domingos
A Carlos & Ors
Case Number: 20/2003
Summary of Case: Indictment filed 10.7.03. Indictment requested. Not yet obtained.
Preliminary Hearing:
Trial dates:
Upcoming events:
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