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Name Of Accused |
Documents |
Case Number, Case Summary, Other Information |
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Joao Fernandes
(aka João Atabe) |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF
Majority (Portuguese) & Dissent (English)
Court of Appeal Decision -
Majority & Dissent PDF (English)
JSMP Comments:
21 June 2001
26 June 2001
2 July 2001 |
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 |
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Julio Fernandes |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal (Filing of
appeal out of time) PDF (English)
Court of Appeal Decision PDF -
Majority (Portuguese) & Dissent (English)
Conditional Release Decision
PDF (English)
JSMP Comments:
21 June 2001
26 June 2001
29 Oct 2001 |
Case Number:
2/2000
Summary of Case:
The only FALINTIL member convicted 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.
Julio Fernandes was granted conditional release on 9
September 2003.
Preliminary Hearing:
10/1/01
Trial dates: 6/2/01, 27/2/01,1/3/01
CASE FINALISED
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Carlos Soares Carmona |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF
(Portuguese) |
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.
Court of Appeal reduced the sentence to 8 years on 2 August
2001.
Preliminary Hearing:
18/1/01, 30/1/01
Trial dates: 13/2/01, 8/3/01, 19/4/01
CASE FINALISED |
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SAME case
Benjamin Sarmento
Romeiro Tilman
Joao Sarmento
Domingos Mendonca |
Decision to allow Prosecution
to withdraw indictment and file new indictment PDF
(Portuguese) |
Case Number:
4/2000
Prosecution granted leave to withdraw indictment and file
new indictment on 14 November 2001.
Became Case Number 18/2001.
CASE FINALISED |
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Joseph Leki |
Indictment PDF (English)
Decision to release from
pre-trial detention PDF (English)
Judgment PDF (English)
JSMP Comments:
29 May 2001 |
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.
Granted reduction of sentence by one year by Presidential
Decree on 20 May 2005.
Preliminary Hearing:
18/1/01
Trial dates: 18/5/01, 22/5/01, 29/5/01
CASE FINALISED |
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SAME case
Benjamin Sarmento
Romeiro Tilman
Joao Sarmento
Domingos Mendonca |
Indictment PDF (English)
Withdrawal of Indictment PDF
(Bahasa Indonesia) |
Case Number:
6/2000
On 22 November 2001 this indictment was withdrawn and the
case incorporated into Case No 18/2001.
CASE FINALISED |
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Augostino da Costa |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF
(Majority – Portuguese, Dissent – Bahasa Indonesia)
JSMP Comments:
16 July 2001
22 July 2003 (Eng)
22 July 2003 (BI) |
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. Final appeal dismissed by Court of
Appeal on 18 July 2003.
Granted reduction of sentence by one year by Presidential
Decree on 20 May 2005.
Preliminary Hearing:
26/4/01, 10/5/01
Trial dates: 21/6/01, 28/6/01, 16/7/01, 11/10/01
CASE FINALISED
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Mateus Tilman |
Indictment PDF (English)
Judgment PDF (English)
Conditional Release Decision
PDF (Tetum)
JSMP Comments:
14 June 2001
24 Apr 2003 |
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. Granted conditional
release on 22 March 2003.
Preliminary Hearing:
29/1/01
Trial dates:
29/5/01, 5/6/01, 14/6/01, 24/8/01
CASE FINALISED |
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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 |
Amended Indictment PDF
(English)
Judgment (Full English Version) PDF
Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Judgment (short English
version) Word
Judgment (short Bahasa
Indonesia version) Word
Court of Appeal Decision PDF
(Portuguese)
JSMP Comments:
3 July 2001
10 July 2001
13 July 2001
24 Aug 2001
20 Sep 2001
8 Nov 2001
11 Dec 2001
1 July 2002
JSMP Trial Report PDF (English)
JSMP Trial Report PDF (Bahasa
Indonesia) |
Case Number:
9/2000
Summary of Case:
The accused were 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.
On 9 May 2005 the sentences of Joni Marques, Joao da Costa
and Paulo da Costa were reduced by Presidential Decree to 25
years imprisonment.
The Defence filed a Notice of Appeal but this was not heard
until 16 March 2005, at which time the Appeal was withdrawn.
Note:
On 21/6/02 Alarico Fernandes was granted conditional release
after serving 2/3 of his sentence.
Release Decision PDF
(Portuguese)
Note:
On 28/02/03 Gilberto Fernandes was released after serving
2/3 of his sentence.
Release Decision PDF (English)
On 13/03/03 Gilberto Fernandes was re-arrested for another
alleged crime in 1999 but was conditionally released. See
JSMP Comments 11. In that case he was sentenced to one and a
half years imprisonment for violence against property (See
Case No 12/2002).
Note:
On 11/9/03 Mautersa Monis was granted conditional release
after serving 2/3 of his sentence.
Release Decision PDF (English)
Preliminary Hearing:
6/3/01, 17/5/01
Trial dates:
9/7/01- 11/12/01
CASE FINALISED |
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Syaful Anwar |
Indictment PDF (English) |
Case Number:
9/2000 see also 12a/ 2002
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.
ACCUSED AT LARGE |
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Manuel Goncalves Leto Bere
(aka Manuel Leto Bere) |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF
(Portguese)
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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. The Court of Appeal upheld the decision
at first instance on 16/ 10/ 03.
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
CASE FINALISED |
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Leonardus Kasa |
Indictment PDF (English)
Judgment PDF (English)
Judgment PDF (Bahasa Indonesia)
COA Decision PDF (Portuguese)
JSMP Comments:
10 May 2001 |
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 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. Appeal filed by Prosecution on 11 October 2001
and withdrawn on 5 April 2004.
Preliminary Hearing:
14/2/01, 22/2/01, 6/3/01, 26/4/01
Trial dates: 9/5/01 (interim judgment)
CASE FINALISED
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Carlos Soares |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF (Tetum)
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Case Number:
12/2000
Summary of Case:
Alleged member of Darah Integrasi militia. Indicted on
12/12/00 with one charge of murder of a man in Lete Foho
Village in early September 1999. The panel accepted that he
had been ordered to shoot people who were hiding in the
villages but did not find that this constituted duress.
Convicted on 15/5/01 and sentenced to 15 years and six
months imprisonment. Sentenced reduced to 13 years
imprisonment on appeal on 11/2/04.
Granted reduction of sentence by one year by Presidential
Decree on 20 May 2005.
Preliminary Hearing:
14/2/01
Trial dates:
24/4/01, 8/5/01, 11/5/01
CASE FINALISED |