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Name Of Accused |
Documents |
Case Number, Case Summary, Other Information |
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Damaio da Costa Nunes |
Indictment PDF (English)
Judgment PDF (English)
JSMP Comments:
JU 9/2004 (Eng)
JU 9/2004 (BI)
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Case Number:
1/2003
Summary of Case:
The accused was alleged to have been a member of the
Laksaur militia that operated throughout Covalima
District in 1999. The indictment, filed on 21/1/03,
charged the accused with three counts of murder occuring
in Suai in August and September 1999.
On 10 December 2003 the accused was found guilty of
Crimes Against Humanity - murder and persecution and was
sentenced to a total of 8 years imprisonment.
Preliminary Hearing:
29/5/03
Trial dates: 14/7/03 Adjourned by decision in
Chambers on application of Defence. Defence not ready as
case recently reassigned. Re-listed for 22/9/03.
Adjourned again until 29/10/03, 30/10/03, 10/11/03,
11/11/03, 8/12/03.
CASE FINALISED |
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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 PDF (English)
Indictment PDF (Portuguese)
Indictment PDF (Bahasa Indonesia) |
Case Number:
2/2003
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.
ACCUSED AT LARGE |
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Quelo Mauno
(Alias Agostinho Atolan) |
Indictment PDF (English)
Judgment PDF (English)
JSMP Comments:
22 May 2003
9 June 2003 |
Case Number:
3/2003
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
17/2/02, charged 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 alleged 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 betel nut plantation where they
stabbed him to death with a bolo (large knife). His body
was later found abandoned in the betel nut plantation by
his brother.
The prosecution alleged that the murder constituted 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. The accused pleaded guilty to the
charge and was convicted on 28/5/03 and sentenced to 7
years imprisonment.
Preliminary Hearing:
22/05/03
Trial dates: 28/5/03
CASE FINALISED |
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Anton Lelan Sufa et al |
Original Indictment PDF (English)
Amended Indictment PDF (English)
Judgment - Augustinho Cloe et al PDF (English)
Judgment - Domingos Metan (4c/2003) PDF (English)
Judgment - Lino Beno (4b/2003) PDF (English)
Judgment - Anton Lelan Sufa (4a/2003) PDF (English)
JSMP Comments:
JU 12/2004 (BI)
JU 12/2004 (Eng) |
Case Number:
4/4a/4b/4c/2003
Summary of case:
The indictment, filed 15 February 2003, charged Anton
Lelan Sufa, Agostinho Cloe, Agostino Cab, Lazarus Fuli,
Lino Beno, Anton Lelan Simao, Domingos Metan and Lazarus
Tael with Crimes Against Humanity: murder and torture.
The accused occupied various positions of power in the
Sakunar militia in Oecussi during 1999. The prosecution
alleged that on or about 16 September 1999 the accused
attacked the village of Ntensuan with the object of
intimidating, beating and killing those who had voted
for autonomy. Anton Beto, Leonardo Anin and Francisco
Beto were all beaten at length and tortured, and then
killed. The accused were all charged as being
individually criminally responsible for their acts.
On 27/10/04 Agostinho Cloe, Aghostinho Cab, Lazarus Fuli
and Antonio Lelan
pleaded guilty to charges against them and were
sentenced to terms of imprisonment
of 4 years imprisonment (Cloe) and 5 years imprisonment
(Cab, Fuli and Lelan).
On 27/10/04 Domingos Metan pleaded guilty to one charge
of the Crime Against Humanity of murder. His trial was
severed and renumbered 4c/2003. The Prosecution withdrew
the charge of the Crime Against Humanity of other
inhumane acts and he was sentenced to 5 years
imprisonment on 27/10/04.
On 27/10/04 Lino Beno pleaded guilty to one charge of
the Crime Against Humanity of other inhumane acts.
Beno's trial was severed (renumbered 4b/2003) so that he
could be tried on the remaining count, Crime Against
Humanity murder.
After his co-accused, who had already pleaded guilty,
gave evidence for the prosecution Beno also pleaded
guilty to the Crime Against Humanity murder charge. He
was sentenced to 5 years imprisonment.
On 8/11/04 Anton Lelan Sufa pleaded guilty to two counts
of Crime Against Humanity murder and one of other
inhumane acts. He was sentenced to 7 years imprisonment.
Preliminary Hearing:
18/9/03, 24/10/03
Trial dates: 22/9/04, 25/10/04, 27/10/04,
29/10/04, 3/11/04, 4/11/04, 8/11/04
CASE FINALISED |
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Wiranto
Zacky Anwar Makarim
Kiki Syahnakri
Adam Rachmat Damiri
Suhartono Suratman
Mohammad Noer Muis
Yayat Sudrajat
Abilio Jose Osorio Soares |
Indictment PDF (English)
Indictment PDF (Portuguese)
Indictment PDF (Bahasa Indonesia)
Decision on the Motion of the Deputy General Prosecutor
for a Hearing on the Application for An Arrest Warrant
in the Case of Wiranto PDF (English)
Legal Ruling Concerning the Applicability of Ne Bis
In Idem at the Arrest Warrant Stage of Proceedings
PDF (English)
Decision on the Motion of the Prosecutor General to
Review and Amend the Indictment PDF (English)
Arrest Warrant PDF (English)
JSMP Comments:
22 June 2004 (Eng)
22 June 2004 (BI)
22 June 2004 (Port) |
Case Number:
5/2003
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.
ACCUSED AT LARGE |
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Cancio Lopes de Carvalho
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 PDF (English)
Indictment PDF (Portuguese)
Indictment PDF (Bahasa Indonesia)
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Case Number:
6/2003
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.
ACCUSED AT LARGE |
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Joanico Gusmão
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Indictment PDF (English)
Interlocutory Court of Appeal Decision PDF (Majority -
Portuguese, Dissent - Bahasa Indonesia)
Judgment PDF (Tetum)
Judgment PDF (English and Tetum)
JSMP Comments:
22 July 2003 (Eng)
22 July 2003 (BI)
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Case Number:
7/2003
Summary of Case:The
Accused is 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, charged 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 alleged that on 5 September 1999,
members of the Laksaur militia, including the Accused,
attacked Sukaer Laran Sub-village, with rifles and
swords. They were alleged to have set fire to several
houses, and then proceeded to Felix Mali's house, which
the Accused was said to have forcibly entered. The
Accused was 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 alleged 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 therefore charged the Accused with
individual responsibility for murder as a crimes against
humanity pursuant to Section 5.1(a) UNTAET Regulation
2000/15.
On 27/1/04 Gusmão pleaded guilty to the charge of Crime
Against Humanity of murder and was sentenced to 7 years
imprisonment.
Preliminary Hearing:
Trial dates: 27/1/04
CASE FINALISED |
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Miguel da Silva
aka Miguel Mau
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Indictment PDF (English)
Decision on request for extension of detention PDF
(Bahasa Indonesia)
Pre trial detention decision from Court of Appeal PDF
(Portuguese)
Judgment PDF (Bahasa Indonesia)
Judgment PDF (English & Bahasa Indonesia)
JSMP Comments:
24 Feb 2004 |
Case Number:
8/2003
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.
On 17/11/03 Miguel Mau pleaded guilty to the Crimes
Against Humanity of two counts of murder, one count of
persecution and one count of enforced disappearance. He
was sentenced to 9 years imprisonment.
Preliminary Hearing:
7/5/03
Trial dates: 17/11/03
CASE FINALISED |
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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 |
Indictment PDF (English)
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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 a woman who he announced
would be his wife. This woman, 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.
ACCUSED AT LARGE |
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Mateus Lau
(Ena Poto) |
Indictment PDF (English)
Defence Motion to Exclude Report on Human Rights
Violations During 1999 in Oecussie District PDF
(English)
Response to Defence Motion to Exclude Reports PDF
(English)
Defence Motion for Further Discovery PDF (English)
Response to Defence Motion for Further Discovery PDF
(English)
Defence Reply PDF (English)
Defence Motion to Exclude the Minutes of Detention
Review Hearing held on 25 November 2002 PDF (English)
Response to Defence Motion to Exclude Minutes of
Detention Review Hearing PDF (English)
Defence Reply to Prosecutor's Response PDF (English)
Defence Motion for further investigation PDF (English)
Interlocutory Decision on Defence Motions PDF (English)
Judgment PDF (English) |
Case Number:
10/2003
Summary of case:
The indictment was issued on 28 February 2003 and
charged the accused with Crimes Against Humanity murder.
It was alleged that the victim was hacked to death by
both the accused and Liberatus Mauno (in which regard
see indictment 19/2003) on 9 September 1999 in Oecussi
District near the border with West Timor. The accused
was a member of the Sakunar militia which was then
operating in the Oecussi District. He was given
conditional release from pre-trial detention on 21
January 2003.
On 16/11/04 Mateus Lau was convicted of the Crime
Against Humanity of murder and was sentenced to 8 years
imprisonment.
This was upheld by the Court of Appeal on 12/4/05.
CASE FINALISED |
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Marcelino Soares |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal Decision PDF (Portuguese)
JSMP Comments:
15 Sep 2003
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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 was indicted on
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
Timorese and Indonesian TNI soldiers, and the subsequent
murder of Luis Dias Soares on or about 20 April 1999.
As Babinsa, the Accused was 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 murder of Luis Soares. He was 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 was also
indicted on the basis of command responsibility for the
further count of the beating murder of Luis Soares.
On 11 December 2003 the Special Panel for Serious Crimes
convicted the accused of the Crimes Against Humanity of
murder, torture and persecution and sentenced him to a
total of 11 years imprisonment. This was affirmed by the
Court of Appeal on 17/2/05.
Preliminary Hearing:
24/6/03
Trial dates: Began 7/8/03
CASE FINALISED |
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Domingos Amati
Francisco Matos |
Indictment PDF (English)
Decision to Dismiss Indictment for Failure to Establish
a Prima Facie case PDF (English)
Interlocutory Court of Appeal Decision PDF (Portuguese)
Decision on the Defendant's Motion on Defects in the
Indictment PDF (English)
Judgment PDF (English)
JSMP Comments:
16 July 2003
JU 10/2005 (Port)
JU 10/2005 (BI)
JU 10/2005 (Eng) |
Case Number:
12/2003
Summary of Case:The
Accused are former members of the Aitarak militia
operating in Hera sub-district, Dili. They were 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 were charged with murder in violation of Section 8
of UNTAET regulations 2000/15 and Article 340 of the
Indonesian Penal Code.
On 11 July 2003 the Special Panel for Serious Crimes
dismissed the indictment and ordered the release of the
accused. This decision was overturned by the Court of
Appeal on 9/12/03.
On 28/2/05 the Special Panel for Serious Crimes
convicted the accused of murder in violation of s 8 of
UNTAET Regulation 2000/15 read with s 338 of the
Indonesian Penal Code. Both of the accused were
sentenced to 7 years imprisonment.
The accused have appealed their convictions.
The Court of Appeal subsequently reduced the sentences
of both accused from 7 to 6 years imprisonment.
Preliminary Hearing:
Trial dates: Began 17/11/04 |
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Eurico Guterres
Mateus de Carvalho
Timbul Silaen (Police Comd.)
Adolfo Viera Liao
Agus Suwarno (TNI)
Antonio Ximenes Brito
Marcelino [LNU]
Caetano da Silva |
Indictment PDF (English)
Indictment PDF (Portuguese)
Indictment PDF (Bahasa Indonesia) |
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.
ACCUSED AT LARGE |
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Second Covalima Case
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) |
Indictment PDF (English) |
Case Number:
14/2003
Summary of Case:
Indictment filed 2/4/03. 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.
ACCUSED AT LARGE |
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Erminghindo L Soares
Albino Da Cruz
Yohannes Loe Dasi
Frederico Pires
Agustinho Manu Bere |
Indictment PDF (English) |
Case Number:
15/2003
Summary of Case:
Indictment filed 9/4/03. The indictment charges the
accused with 7 counts of Crimes Against Humanity
constituted by acts of torture, rape and deportation
perpetrated on numerous villagers in the Cailaco
Sub-District of Bobonaro District during the period of
April 1999 to September 1999. The accused were members
of the Indonesian Armed Forces at all material times. Of
the 5 victims 4 were allegedly subsequently forcibly
deported to West Timor where, in some cases, the acts of
rape and torture continued.
ACCUSED AT LARGE |
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Beny Ludji
& another
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Indictment PDF (English)
First interlocutory decision from Court of Appeal PDF
(Bahasa Indonesia)
(English)
Second interlocutory decision from Court of Appeal PDF
(Bahasa Indonesia)
(English)
Third interlocutory decision from Court of Appeal
(Portuguese)
Judgment PDF (Portuguese)
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Case Number:
16/2003
Summary of Case:
Indictment filed 4/6/03. This case charged 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 alleged 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 was 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. 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. The second defendant
was 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.
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.
The name of the second defendant has not been published
on this site because the Court held that he was a minor
at the time of committing the offence.
On 3 May 2004 the accused pleaded guilty to the Crime
Against Humanity of Murder and were sentenced to 8 years
and 2 years and six months imprisonment respectively.
Preliminary Hearing:
24/11/2003
Trial dates: 12/2/2004, 16/2/2004 - 19/2/2004,
23/3/2004, 26/4/2004, 3/5/2004
CASE FINALISED |
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Jose Lopez da Cruz Mendonca
(aka Jose 'Fahiten') |
Indictment PDF (English)
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Case Number:
17/2003
Summary of Case:
Indictment filed4/6/03. 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
another). The accused remains at large and is believed
to be living in the Republic of Indonesia.
ACCUSED AT LARGE |
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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 |
Indictment PDF (Bahasa)
Amended Indictment PDF (English)
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Case Number:
18/2003
Summary of Case:
Indictment filed 10/7/2003 charges the accused with the
Crimes Against Humanity of murder, attempted murder,
torture and persecution. Those indicted include the Head
of the District Administration (Bupati) of Bobonaro
District, Guilherme dos Santos, the TNI District
Military Commanders for the region (DANDIM), Lt Col
Burhanuddin Siagian and Lt Col Bambang Suprianto, the
District Police Commander (KAPOLRES), Maj Budi Susilo,
the Head of the FPDK for Bobonaro District, Jorge
Tavares and the Officer in Charge of Intelligence of
KODIM 1636, Lt Sutrisno, and the Officer in Charge of
KODIM 1636's operations, Lt M Yusuf.
They are charged with crimes committed in the Maliana
area from April - September 1999, including an attack on
the UNAMET compound in June 1999, attacks on
pre-independence students in August 1999, the planning
and carrying out of massacre of independence supporters
in the Maliana POLRES compound in September 1999, and
the massacre of survivors in Mulau, also in September
1999.
On 15/6/2004 the case against Aprecio Mali Dao was
severed from the indictment and renumbered 18a/2003 (see
below).
The remaining accused are at large, presumed to be in
Indonesia.
ACCUSED AT LARGE
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Aprecio Guterres aka Mau Buti |
Decision on application for initial detention PDF
(English)
Court of Appeal Decision to release from pre-trial
detention PDF (Portuguese)
Severed indictment - Aprecio Guterres aka Mau Buti
(18a/2003)PDF (English)
Motion to withdraw the indictment without prejudice PDF
(English)
Decision on motion to withdraw the indicment against
Aprecio Guterres without prejudice PDF (English)
Judgment PDF (English)
JSMP Comments:
JU 5/2005 (Port)
JU 5/2005 (BI)
JU 5/2005 (Eng)
JU 12/2004(BI)
JU 12/2004 (Eng) |
Case Number:
18a/2003
Summary of Case:
Severed from case 18/2003 (see above), the accused was
charged with the Crime Against Humanity of murder of
survivors of the Maliana POLRES compound massacre in
Mulau in September 1999.
On 4 November 2004 the Prosecution sought to withdraw
the indictment against the accused without prejudice,
but this motion was not allowed by the Court. Leave to
appeal was not granted so the case proceeded to trial.
On 14/2/2005 Aprecio Guterres was acquitted of the
charge against him.
Preliminary Hearing:
Trial dates: 28/1/2005
CASE FINALISED |
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Liberatus Mauno & Alexio Sepa |
Indictment PDF (English) |
Case Number:
19/2003
Summary of Case:
Indictment filed 10/7/03.The accused were both charged
with Crimes Against Humanity: murder. The charges arose
out of incidents which allegedly took place in Oesilo
and Passabe Sub-Districts of Oecussi District between 8
September 1999 and 11 September 1999. The accused were
at all material times members of the Sakunar militia
which was operating in the Oecussi District. There were
5 victims in total. Both accused are presently believed
to be in Indonesia.
ACCUSED AT LARGE |
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Domingos A Carlos
Carlos Jose
Almeida Martins |
Indictment PDF (English) |
Case Number:
20/2003
Summary of Case:
Indictment filed 10/1/2003. The accused are charged with
two counts of Crimes Against Humanity: murder, arising
from events which took place in the Aileu District on 6
September 1999. The accused were all members of the
Aileu Hidup (“AHII”) militia. In each case the two
victims were killed as they were fleeing their homes in
fear of reprisals from AHII following the announcement
of the result of the Referendum on 30 August 1999.
Domingos Carlos is alledged to have shot the first
victim himself and ordered the execution of the second
victim by Carlos Jose and Almeida Martins. All of the
accused are presently believed to be in Atambua, West
Timor.
ACCUSED AT LARGE |
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Marculino Soares |
Indictment PDF (English)
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Case number:
21/2003 (see 2B/2003)
Summary of Case:
The indictment was filed on 26/7/2003. The accused is
charged with 3 counts of crimes against humanity:
murder, inhumane treatment and persecution. The events
the subject of the indictment took place on 17 April
2000 in Dili. On this day the various militia groups
gathered in Dili for a rally which, following incitement
by Eurico Guterres (leader of the Aitarak militia),
culminated in an attack on the house of prominent
independence supporter Manuel Carrascalao at
approximately 1.00 p.m. There were at least 100 people
taking refuge in his house at the time. These were
primarily independence supporters or people who had fled
their homes in fear for their life. The accused was
senior member of the Besi Merah Putih milita and is
allegedly one of many who participated in the attack on
the Carrascalao house. Twelve people were killed as a
result of the attack and there were many injured. He is
charged, among other things, with joint responsibility
for the murder of the 12 victims.
This case was incorporated in case 2b/2003, and the
accused was sentenced to 15 years imprisonment on
5/7/04.
CASE FINALISED |
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Januario Da Costa
Mateus Punef |
Indictment PDF (English)
Judgment PDF (English)
JSMP Comments:
JU 11/2005 (BI)
JU 11/2005 (Eng)
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Case number:
22/2003
Case summary:
The indictment was filed on 27/8/2003 and concerns a
particularly notorious massacre which took place in
Oecussi. The accused were charged with 6 counts of
crimes against humanity, being murder, inhumane acts,
extermination, persecution and forcible transfer of
population or deportation. Both were alleged to have
been members of the Sakunar militia which attacked
several villages in Oesilo Sub-District, Oecussi
District on 8 September 2003. Eighteen people were
killed by the militia in the course of these initial
attacks, killings in which the accused were alleged to
have participated. On 9 September the accused allegedly
returned with the militia to the villages which were
attacked the previous day and forcibly deported the
remaining population to Imbate in West Timor. The
villagers were segregated into groups according to age
and gender. One of these groups comprised 67 young men
who were bound together in pairs. They were then marched
back into Oecussi District, East Timor at around
midnight. Once in East Timor the militia, including the
accused, began shooting and hacking the villagers to
death. At least 47 people were massacred as a result.
The following day local villagers were ordered by the
militia, including the accused, to bury the bodies of
the victims.
On 13/4/2005 Januario Da Costa was convicted of two
counts of Crime Against Humanity Murder and two counts
of Crime Against Humanity Other Inhumane Acts, and was
sentenced to 12 years imprisonment. Mateus Punef was
convicted of one count of Crime Against Humanity Murder
and one count of Crime Against Humanity Other Inhumane
Acts
and was sentenced to 10 years imprisonment.
Both defendants have appealed.
Preliminary Hearing:
Trial dates: Began 24/1/2005
PENDING APPEAL HEARING |
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Rusdin Maubere |
Indictment PDF (English)
Court of Appeal Decision on Pretrial Detention PDF
(Bahasa Indonesia)
Judgment PDF (Portuguese)
Judgment PDF (English - unofficial translation)
Decision of the Court of Appeal PDF (Portuguese)
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Case Number:
23/2003
Summary of Case:
The indictment, filed on 23 September 2003, charged the
accused with 2 counts of crimes against humanity, being
torture and enforced disappearance. The indictment
alleged the following: The accused was a member of the
TNI based in Liquica. On the evening of 26 April 1999 he
went in search of the victim. He was accompanied by
several other TNI soldiers and numerous members of the
Besi Merah Putih militia which was then operating in the
Liquica District. The victim was found hiding in a
friend’s house. The accused with the assistance of
others dragged the victim from the house. He was armed
with an automatic rifle at the time. The victim was then
blindfolded, bound, beaten and put in the back of a
truck driven by militia members. From there he was taken
to nearby militia post of Maumeta. At Maumeta the
accused ordered militia members to beat him further. He
was beaten severely for an extended period of time after
which he was thrown into a small house. At around
midnight on the 26th the accused was observed driving in
a pick-up truck past the military post at Lauhata
accompanied by other militia members. The truck parked
next to a big tree near the post. Some time later the
truck approached the post. A TNI soldier accompanying
the accused then ordered the militia members at the post
not to tell anyone that there was a body buried next to
the tree and threatened to kill them if they did. After
the accused left in the truck several militia members
went to the tree and noticed that there was a freshly
dug grave. They dug it up and observed that, in their
belief, the body was that of the victim. The grave was
then covered over again. The dead body was not in the
grave upon exhumation in May 2003 and the victim has not
been seen since he was detained by the accused on 26
April 1999.
On 5/7/2004 the Special Panel for Serious Crimes
qualified the charges against the accused and convicted
him of the Crime Against Humanity of Murder. He was
sentenced to 3 years imprisonment.
On 18/3/2005 the Court of Appeal increased that sentence
to 8 years imprisonment.
Preliminary Hearing:
26/11/03, 17/2/04
Trial dates: 23/2/2004 - 27/2/04, 9/3/04,
11/3/04, 1/4/04, 2/4/04, 27/4/04, 27/5/04
CASE FINALISED |
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Mateus De Carvalho
Antonio Adolfo
Luis Da Costa Oliveira
Lt Agus Yuli
Lt Untung
Antonio Pinto
Mario Malekat
Lino Watulari
Manuel Da Silva
Gaspar Da Silva
Florindo Malimeta
Domingos Beremau
Pedro Sousa
Domingos Teebuti
Mateus Malimeta
Jose Soares
Matias Soares
Joaquim Gudinho |
Indictment PDF (English) |
Case Number:
24/2003
Summary of Case:
The Indictment was issued on 25 September 2003 and
charges the accused with 16 counts of crimes against
humanity comprised of murder, torture, inhumane acts,
imprisonment, persecution and deportation or forcible
transfer of population. The indictment alleges the
following: The accused were all either members of the
Aitarak militia stationed in the Sub-Districts of Hera
and Metinaro, Dili District or members of the TNI. The
indictment concerns a series of incidents which occurred
in those areas in the period from 20 April 1999, shortly
after the Aitarak militia was formed in Dili, to 12
September 1999. In the first incident, on 20 April 1999,
3 men who were supporters of a clandestine
pro-independence movement were apprehended by the TNI
holding evidence of their affiliations. Following
interrogation and upon discovery of these documents the
soldiers began to beat the men. One of the men was
beaten to death. Another of the victims was allegedly
murdered by the accused after being detained by Aitarak
militiamen in the Hera marketplace on 1 May 2003. On 8
May 2003, 3 men travelling in a car were stopped by
Aitarak militia at Akanunu. Two of the men were then
allegedly murdered by some of the accused and buried in
a nearby cemetery. On 31 August 1999 2 known
independence supporters were stopped just outside Dili
by Aitarak militia. They were then taken to a nearby
Aitarak post where they were stabbed and beaten to
death. The indictment also asserted that the accused
were responsible for a spate of attacks perpetrated on
the inhabitants of Metinaro from 5 – 12 September 1999
with the purpose of deporting them to West Timor. The
attacks involved the forced evacuation and destruction
of houses, assaults on numerous villagers and the murder
of 2 men, including the principal of the primary school
in Metinaro. All of the accused are thought to be
presently in Indonesia.
ACCUSED AT LARGE |
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Julio Fernandes |
Indictment PDF (English)
Judgment PDF (Portuguese)
JSMP Comments:
JU 11/2005 (Eng)
JU 11/2005 (BI)
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Case Number:
25/2003
Summary of Case:
The accused was charged with 3 counts of crimes against
humanity comprised of persecution, murder and
deportation or forcible transfer of population. During
the period in which he was alleged to have perpetrated
the crimes named in the indictment the accused was a TNI
soldier based in the Sub-District of Metinaro. From 5 –
8 September 2003 he was alleged to have participated in
attacks on the houses of villagers known to be
pro-independence supporters. In once incident 2 men were
dragged from a house and forced to join the other
inhabitants of Metinaro who were in the process of being
deported to West Timor. It was further alleged that in
another incident the accused threatened a man with his
gun and then burnt down his house after forcing him out.
On 12 September, after the village had been emptied of
its inhabitants, a small group of people came down from
the hills looking for food. They were then attacked by
militia and TNI soldiers, including the accused. One of
the victims was shot and badly wounded but managed to
escape. In all, some 2000 people were deported from
Metinaro to West Timor and approximately 90% of its
buildings were destroyed.
On 8/12/04 Fernandes was convicted of Destruction of
Property under art 170 of the Indonesian Penal Code and
sentenced to one year imprisonment, suspended
immediately.
Preliminary Hearing:
9/3/2004
Trial dates: 3/11/04 - 23/11/04, 3/12/04
CASE FINALISED |
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Domingos Amati
Antonio Maukasa
Jorge Lopes
Jose Lopes |
Indictment PDF (English)
Transcript of Preliminary Hearing Proceedings PDF
(English)
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Case Number:
26/2003
Summary of Case:
By an indictment filed on 25 September 2003 the accused
were together charged with 1 count of a crime against
humanity: persecution. The accused were all alleged to
have been Aitarak militia members based in Hera where
the offence allegedly took place. On instructions from
their commander, Mateus De Carvalho (charged with crimes
against humanity by indictment # 24/1999), to arrest
independence supporters, the accused detained the victim
in the Hera marketplace on 1 May 2003. After finding a
knife and a religious charm in his possession they
accused him of a being a pro-independence supporter.
After assaulting him the accused dragged him away to the
local TNI compound where he was questioned by one of the
accused as to his affiliations. The victim was taken
away by De Carvalho later in the evening. His body was
found on a nearby beach several days later.
On 12/2/04 the Prosecution requested to withdraw the
indictment and the case was closed.
Preliminary Hearing:
12/2/04
CASE FINALISED |
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Rudolfo Correia |
Indictment PDF (English)
Decision the Prosecutor's Motion for Judicial Notice and
Admission of Evidence PDF (English)
Decision on the Defence Motion to Dismiss the Indictment
PDF (English)
Judgment PDF (English)
JSMP Comments:
JU 11/2005 (Eng)
JU 11/2005 (BI) |
Case Number:
27/2003
Summary of Case:
The indictment was filed with the Court on 25 September
2003. The accused was a TNI soldier based in Hera who is
alleged by the indictment to have committed a crime
against humanity: murder. The charge arises out of
events which took place in the Hera district after the
result of the Referendum were announced. On 6 September
1999 the accused was amongst a group of TNI soldiers who
allegedly apprehended 3 men who had come down from the
hills to forage for food for their families (with whom
they had fled their village). They were questioned,
beaten and then forced to walk towards the Hera
Polytechnic Institute. On the main road to Hera the
accused asked the victim why he had fled to the
mountains. Unsatisfied with the answer he ordered one of
the other soldiers to shoot him, which he did. The 2
other men who had been detained then managed to escape
from the TNI who shot at them as they ran. The body of
the victim was subsequently recovered by his family.
This incident was also the subject of indictment
24/2003.
During trial autopsy evidence was produced by the
Prosecution which showed that the crime could not have
been committed as the Prosecution alleged (ie. by a shot
to the head), and the Prosecution sought to withdraw the
indicment. The Court did not allow this motion.
On 19/4/2005 Correia was convicted of the qualified
charge of an attempt to commit the Crime Against
Humanity of Murder. He was sentenced to 5 years
imprisonment. The defendant has appealed his conviction.
The Court of Appeal subsequently sustained the Special
Panels sentence of 5 years.
Preliminary Hearing:
4/12/2003
Trial dates: 23/6/04, 24/6/04, 19/7/04
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Alarico Mesquita
Florindo Morreira
Domingos Amati
Fransisco Matos
Laurindo Da Costa
Laurenco Tavares
Mateus Guterres
Angelino Da Costa |
Indictment PDF (English)
Judgment PDF (English)
Court of Appeal PDF (Portuguese)
JSMP Comments:
JU 2/2004 (BI)
JU 2/2004 (Eng)
JU 9/2004(BI)
JU 9/2004 (Eng)
|
Case Number:
28/2003
Summary of Case:
The indictment was issued on 25 September 2003 and
charged the accused with 2 counts of crimes against
humanity, constituted by acts of persecution (abduction)
and torture. The following is alledged: The accused were
all members of the Dili-based Aitarak militia. On 8 May
2003, the accused stopped 3 men traveling in a car at a
roadblock which they had set up at Akanunu. The
indictment alleges that 1 of the men was pulled from the
car and severely beaten by the accused. He was then
bound and taken by 2 of the accused to the nearby TNI
compound. A short time later another vehicle was stopped
by the accused at the roadblock. The driver was ordered
out and beaten severely by some of the accused. He was
then taken by a number of the accused to the nearby TNI
compound and bound to the first victim who was then
allegedly beaten further by the militia. Later in the
evening the second victim died from his injuries. Seeing
the corpse the other man attempted to escape but was
shot dead by one of the accused militia members. Both
corpses were buried in a nearby cemetery. Domingos Amati
is alleged to have committed additional serious crimes
pursuant to indictment 26/2003.
On 6/12/04 all of the accused were found guilty of
Torture as a Crime Against Humanity and Mesquita,
Morreira, Amati and Matos were found guilty of
Persecution as a Crime Against Humanity. They were
sentenced to terms of imprisonment ranging from 5 years
to 6 years and 8 months.
On 16/6/05 the Court of Appeal cumulated the convictions
for the first four defendants so that each was convicted
of one Crime Against Humanity (Torture and Enforced
Disappearance). Their sentence was reduced to 5 years
and 6 months. The sentence for the remaining defendants
was reduced to 4 years and 6 months.
Preliminary Hearing:
30/1/04
Trial dates: 7/7/04 - 8/11/04
CASE FINALISED |
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Florindo Morreira |
Indictment PDF (English)
Judgment PDF (English) |
Case Number:
29/ 2003
Summary of Case:
The indictment, filed on 26/9/03, alleged that Morreira
was an Aitarak militia member based in Hera, and was
responsible for 2 counts of crimes against humanity,
being murder and torture. The offences were alleged to
have been committed on 31 August 1999. The following was
alledged: Two known independence supporters were stopped
just outside Dili by a group of Aitarak militia,
including the accused. They had in their possession
various documents confirming their membership of CNRT.
They were then taken to the house of a senior Aitarak
member, where they were beaten with sticks and pipes. On
his command the accused and a number of other militiamen
took the victims to the Aitarak post across the road
where they were stabbed and beaten to death. The accused
stabbed both victims with a samurai sword. Their bodies
were then placed in rice sacks and dumped on the beach
at Hera. The accused has also been charged with serious
crimes arising from an incident which allegedly took
place on 8 May 1999.
On 19/5/04 Morreira was acquitted of both charges.
Preliminary Hearing:
Trial dates: 17/3/04
CASE FINALISED |
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Laurentino Soares
Herman Naubasa
Nyongky Wankai
Eddie Talan
Luis Infien
Firminio Auni
Felipe Poto
Ala Uni
Domingos Cava
Alberto Soares |
Indictment PDF (English)
|
Case Number:
30/2003
Summary of Case:
The accused are indicted on 21 counts of crimes against
humanity, 13 of which are for murder. The accused are
all alleged to have been members of the Sakunar militia
which was based in the Oecussi District. The charges
arise out of a series of systematic attacks carried out
between September 1999 and the arrival of INTERFET
troops on 22 October 1999. As a Deputy Commander of
Sakunar, Laurentino Soares is charged on the basis of
both individual responsibility and superior command
responsibility for his control and direction of the
actions of the co-accused. On his orders numerous
attacks on and murders of villagers were carried out by
the co-accused in various Sub-Districts of Oecussi.
These included the murder of an elderly disabled woman
unable to walk. On or about 14 October 1999 Soares was
also alleged to have ordered the killing of all
villagers in the Tono and Lifau areas who had not been
deported to West Timor and to sever the victims’ ears as
proof. All of the accused are believed to be in West
Timor.
ACCUSED AT LARGE |
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Samuel Vaz
Luis Infien
Seran Bariak
Lalu Manus |
Indictment PDF (English) |
Case Number:
31/2003
Summary of Case:
The indictment, filed on 30 September 2003, charged each
of the accused with 1 count of murder in contravention
of s 8 UNTAET Regulation 2000/15. The accused are all
alleged to have been members of the Sakunar militia
based in Oecussi. The indictment asserts that they each
contributed to, and are therefore individually
responsible for, the death of a CNRT member. On the
evening of 15 September 1999 the victim was alleged to
have stood outside the home of Laurentino Soares with a
large knife (a Deputy Commander of Sakunar – see
indictment # 30/2003) and threatened him. The victim was
then chased through the nearby rice fields by the
accused. According to the indictment, when they caught
up with him, he was hacked with knives and then shot
twice. His body was buried nearby. All of the accused
are presently thought to be in West Timor.
ACCUSED AT LARGE |
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Jorge Ulan
Joao Gomes
Blasus Manek |
Indictment PDF (English)
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Case Number:
32/2003
Summary of Case:
The accused were TNI soldiers who are charged under the
indictment with 6 crimes against humanity comprising
murder and attempted murder. The charges arise from an
attack on a house in Oecussi town, Oecussi District by
the accused on the night of 11 September 1999. The
attack is alleged to have been led by Jorge Ulan. The
accused allegedly threatened to burn down the house if
the occupants did not come outside. The occupants came
outside and were then attacked by the accused. Of the 4
men, 1 was beaten to death, another stabbed to death
whilst the remainder were left unconscious in the house,
which was then set alight by the accused. The
unconscious victims managed to escape the burning house,
although one of them suffered severe burns.The accused
are thought to be in Indonesia.
ACCUSED AT LARGE |
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Richard Hutuadjulu
Karel Polla
Irwan
Faustino Dos Santos
Tomas Carduso
Manuel Ariate
Agustinho Soares
Adelino Freitas
Jeronemo Soares
Domingos Filipe
Domingos Alaguia
Joanico Cesario Belo
Igidio Sarmento
Celestino Moreira
Cosme Moreira
Vergilio Soares
Cristiano Ximenes |
Indictment PDF (English) |
Case Number:
33/2003
Summary of Case:
The accused were either members of the TNI or of local
militia based in the Baucau District. They are charged
with 14 counts of crimes against humanity, including 8
counts of murder arising from events which took place in
Baucau between 27 January 1999 and 4 September 1999. The
accused include members of both the Tim Saka militia and
Rajawali militia which both operated in the Baucau
District. The incidents the subject of the indictment
include the attack on a house occupied by independence
supporters in the Baucau Sub-District on 27 May 1999.
The following is alleged: The occupants were detained
and then severely tortured at the TNI post. One of the
victims died of his injuries. Some of the accused are
also charged in relation to their involvement in attacks
in the Quelicai and Laga Sub-Districts during 11 and 12
September 2003. Richard Hutadjulu, as commander of the
TNI for the Baucau District, and Joanico Belo, as
commander of Tim Saka, are charged on the basis of
superior command responsibility for the acts of their
subordinates in that, in accordance with s 16 UNTAET
Regulation 2000/15, they “ knew or had reason to know
that the subordinate was about to commit such acts or
had done so and [they] failed to take the necessary and
reasonable measures to prevent such acts or to punish
the perpetrators”. The accused are thought to be in
Indonesia.
ACCUSED AT LARGE |
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Francisco Perreira
aka Siku Gagu |
Indictment PDF (English)
Dissenting opinion on the defendnat's oral motion to
exclude the statement of the accused PDF (English)
Judgment PDF (English)
JSMP Comments:
JU 9/2004 (Eng)
JU 9/2004 (BI)
JU 10/2005(Eng)
JU 10/2005 (BI)
JU 10/2005 (Port) |
Case Number:
34/2003
Summary of Case:
The accused was charged with murder and persecution as
crimes against humanity. The following was alledged: The
accused was a member of the Mahidi militia based in the
Zumalai Sub-District of Cova Lima District in 1999. On
17 April the deceased victim, a known independence
supporter, was arrested by militia members and detained
at their post in Zumalai. He was able to escape but was
found by the militia. He was then hacked with a machete
by the accused and shot by an accomplice. The charge of
persecution related to the accused’s alleged
responsibility for the detention, assault and torture of
suspected independence supporters in April and May 1999.
On 18/3/05 Perreira was convicted of attempted murder
and persecution as Crimes Against Humanity. He was
sentenced to three years imprisonment. The Prosecution
has appealed against the sentence imposed.
On 31/8/05 the Court of Appeal increased the charge to
murder and the sentence from 3 to 7 years.
Preliminary Hearing:
Trial dates: Began 6/9/04 |
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Adolfo Amaral |
Indictment PDF (English) |
Case Number:
35/2003
Summary of Case:
The indictment was filed on 18 November 2003 and charged
the accused with 2 crimes against humanity comprised of
murder and attempted murder. It is alleged under the
indictment that on 6 September 1999 the accused, a
soldier with the TNI, was travelling in a car with other
TNI soldiers and militia in the Laulara Sub-District of
Aileu District. On the Dili-Aileu road they came upon 4
men on the side of the road. The accused allegedly shot
and killed the first victim and shot and wounded the
second victim, who managed to escape with his 2
companions. The accused is thought to be in Indonesia at
present.
ACCUSED AT LARGE |