First Serious crimes sentence served
JSMP, Dili 1 July
2002
Alarico
Fernandes, one of the men who was convicted in the Los Palos Case
in
December 2001 by the Special Panel for Serious Crimes, has been
conditionally released from Becora Prison in Dili after serving two
thirds
of his sentence.
Fernandes was found
guilty and convicted of two counts of forcible transfer
or deportation
of civilian population and persecution as crimes against
humanity for
his involvement in the Team Alfa attack on the villages around
Leuro
in Lautem district in September 1999. During the trial Fernandes
admitted burning two houses but claimed he was forced by Team Alfa
members
to participate. The court sentenced him to only 4 years'
imprisonment due
to the fact that he had cooperated with the
authorities and assisted with
the investigation, as well as the fact
that the court found that he had
been acting under superior orders,
although the court decided that he was
not forced. Fernandes was also
charged with involvement in the Team Alfa
group that killed Kalistu
Rodrigues and Alfredo Araujo in Ira-Ara village,
however, the court
found him not guilty of this charge as there was no
evidence that he
had participated in the murders.
He had been detained
since 9 October 1999. When he was sentenced to 4
years imprisonment on
11 December 2001, he had already served 2 years, 2
months and 2 days
which was credited towards his sentence. This sentence
was due to
expire on 8 October 2003. However, under the Transitional Rules
of
Criminal Procedure, a person may be granted conditional release after
completing 2/3 of the sentence has been completed if there has been a
good
report of his conduct in prison and where there is no danger to
public
security or safety.
On 21 June 2002,
Special Panel Judge Antero Luis (Portugal) concluded that
each of
these elements has been satisfied and he ordered that Fernandes be
released on certain conditions, including that he report to police
once a
month. The release will be become unconditional after 8 October
2003. If
any of the conditions are violated, Fernandes will have to
serve the
remainder of his prison sentence.
- JSMP
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