JSMP
PRESS RELEASE - 15 JULY 2003
Special Panel Dismisses Indictment against Alleged Aitarak Militia Members
On 11 July the Special Panel for Serious Crimes in Dili dismissed a prosecution indictment against two alleged members of the Aitarak Militia and ordered them to be released from detention.
The
prosecution had charged Domingos Amati and Francisco Matos with the murder
of Antonio Pinto Soares (aka Charles) in September 1999 in Hera, Dili
District.
On 24
June 2003 the defence requested the dismissal of the indictment claiming
that the facts as stated in the indictment did not establish the basic
elements for a charge of murder.
In
delivering its decision, the Court found that the facts alleged did not
support the necessary mental element (mens rea) for the crime of murder as
required under Indonesian criminal law. In these circumstances, the Court
stated that the trial should not continue before the Special Panel.
However,
the Court also expressed its opinion that the actions of Domingos Amati
and Francisco Matos may constitute manslaughter or maltreatment resulting
in death, which could be prosecuted in the Dili District Court.
"By
dismissing the indictment before the Special Panel for Serious Crimes, the
Court is not indicating that serious offences should go unpunished but
that these matters must be dealt with by the appropriate court. What
remains to be seen is whether a charge will now be brought before the Dili
District Court." - said JSMP