PLEASE NOTE
The following information relates only to indictments issued in relation to the Ad Hoc Human Rights Court in Indonesia, and only for cases from East Timor. The accused listed below cannot be assumed guilty unless it has been decided by a court of law.
LAST UPDATED 06/08/2003
Abilio Soares
Former Governor of East Timor
Summary
of Case: Indicted
on 20 February 2002 with two cumulative charges of crimes against humanity:
(1) murder as a crime against humanity (Art.9(a) of Indonesia's law 26
of 2000 on human rights courts);
(2) assault/persecution as a crime against humanity (Art.9(h)).
Abilio Soares
is specifically charged with civilian command responsibility for the failings
and actions of his subordinates, namely the two Bupatis Leonito Martens
in Liquisa and Herman Sedyono in Covalima, and Eurico Guterres as deputy
PPI commander, as well as for the actions of organisations or public groupings
such as Pamswakarsa. The indictment alleges that Abilio Soares is criminally
responsible for the acts of his subordinates in relation to
The attack on the Liquisa church on 6 April 1999;
The attack on Manuel Carrascalao's house in Dili on 17 April 1999;
The attack on Bishop Belo's house in Dili on 6 September 1999;
The Suai Church massacre on 6 September 1999.
Convicted on 14/8/02
and sentenced to 3 years' imprisonment.
(He is appealing
decisions and therefore has not yet been imprisoned)
More detailed case information (PDF)
Timbul Silaen,
Brigadier
General,
Former East Timor Police chief
Timbul Silaen judgment: English summary
Summary
of Case:
Indicted on 20 February 2002 with two cumulative charges of crimes against
humanity:
1. murder as a crime against humanity (Art.9(a) of
Indonesia's law 26 of 2000 on human rights courts);
2. assault/persecution as a crime against humanity (Art.9(h)).
Timbul Silaen
is alleged to be responsible for the actions of his subordinates in relation
to:
" The attack on Liquisa Church on 6 April 1999;
" The attack on Manuel Carrascalao's house in Dili on 17 April 1999;
" The attack on the UNAMET office in Liquisa on 4 September 1999;
" The attack on Dili Diocese on 5 September 1999;
" The attack on Bishop Belo's residence on 6 September 1999.
Case status: Acquitted
on 15/8/02
More detailed case information (PDF)
Suai Church
Herman
Sudyono
Lieutenant Colonel
Former Bupati of Covalima district
Lili
Kusardiyanto
Lieutenant
Colonel
Former commander
Suai District Military Command.
Ahmad
Syamsudin
Captain
Former chief-of-staff
Suai District Military Command
Sugito
Lieutenant
Former commander
Suai Military Sector Command
Colonel
Gatot Subiaktoro
Lieutenant
Former police chief of Suai
Suai judgment: English summary
Summary
of Case:
The accused were indicted on 20 February 2002 with crimes against humanity.
The indictment takes the form of subsidiary/alternative charging:
" Primary charge against all accused - Art.9(a) murder as a crime
against humanity using Art.42(1) (Military Command Responsibility) of
Indonesia's law 26 of 2000 on human rights courts.
" Subsidary charge against all accused - Art. 9(a) murder as a crime
against humanity using Art.41 (attempting, plotting or assisting the perpetration
of crimes within the jurisdiction).
" Further subsidiary charge for Herman Sedyono - Art. 9(a) murder
as a crime against humanity using Art.42(2) (Civilian Command Responsibility).
" Further subsidiary charge for Liliek Kushadianto - Art.9(a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Gatot Subiyaktoro - Art. (a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Achmad Syamsudin - Art.9(a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Sugito - Art.9(a) murder as a crime
against humanity using Art.42(1) (Military Command Responsibility).
This
case concerns the massacre at the Ave Maria Church in Suai on 6 September
1999. 27 people are alleged to have been killed, of which 17 were men
including 3 priests and 10 were women. In general, each of the accused
is said to be criminally responsible for the acts of those subordinates
under his effective control because he did not exercise correct and lawful
control over his subordinates, he knew or deliberately ignored information
that clearly showed that his subordinates were committing or had just
committed crimes that were part of a widespread and systematic attack
directed at the civilian population and he failed to take any or the necessary
steps to prevent or stop the acts or surrender the perpetrators to the
legitimate authorities for investigation, prosecution and punishment.
Case status: All
accused were acquitted on 15/8/02
Liquisa Church
Asep
Kuswandi
Lt.
Col
Former Liquica
military commander
Adios
Salova
Lt.
Col
Former police chief Liquica
Leoneto
Martins
Former Bupati Liquica
Summary
of Case:
The accused
were indicted on 31 May 2002 with 2 counts of crimes against humanity.
The indictment takes the form of subsidiary/alternative charging:
1. Murder as a crime against humanity
" Primary
charge against all accused - Indonesia's law 26 of 2000 on human rights
courts Art.9(a) murder as a crime against humanity using Art.42 (by not
limiting it to the subsections, the allegation can encompass Military
Command Responsibility and Civilian/Police Command Responsibility).
" Subsidiary charge against Asep Kuswani - Art. 9(a) murder as a
crime against humanity using Art.42 (1) (Military Command Responsibility).
" Subsidiary charge for Adios Salova - Art. 9(a) murder as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
" Subsidiary charge for Leoneto Martins - Art.9(a) murder as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
2. Assault as a crime against humanity
" Primary
charge against all accused - Art.9(h) assault as a crime against humanity
using Art.42(1) (Military Command Responsibility).
" Subsidiary charge against Asep Kuswani - Art. 9(h) assault as a
crime against humanity using Art.42 (1) (Military Command Responsibility).
" Subsidiary charge for Adios Salova - Art. 9(h) assault as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
" Subsidiary charge for Leoneto Martins - Art.9(a) assault as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
This case concerns the massacre at the church in Liquisa on 6 April 1999.
Each of the accused is said to be criminally responsible for the acts of those subordinates under his effective control because he did not exercise correct and lawful control over his subordinates, he knew or deliberately ignored information that clearly showed that his subordinates were committing or had just committed crimes that were part of a widespread and systematic attack directed at the civilian population and he failed to take any or the necessary steps to prevent or stop the acts or surrender the perpetrators to the legitimate authorities for investigation, prosecution and punishment.
Trial: All accused were acquitted on 29/11/02
Endar
Priyanto
Lt.
Col
Former Dili police commander
Indicted on 24 June 2002. No additional information yet available.
The Accused was acquitted on 29/11/02
Soedjarwo
Lt.
Col
Former Dili military commander
Summary of Case: Soedjarwo, as Dandim 1627 Dili, was indicted on 31 May 2002. The indictment was publicly read on 25 June 2002. There are two charges:
1. Primary
charge of murder as a crime against humanity in violation of Art.9(a)
of
Indonesia's law 26 of 2000 on human rights courts using
Art.42(1) Military Command Responsibility.
2. Secondary charge of assault as a crime against humanity in violation
of Art.9(h) using Art.42(1) Military Command Responsibility.
This case is to do with the attacks on the Diocese of Dili and the home of Bishop Belo.
a. Murder as a Crime against Humanity: The accused as a military commander should have controlled TNI troops who took part in gross violations of human rights that is the attack on the Diocese of Dili and the residence of Bishop Belo, but failed to do so. After the incidents, the accused as a military commander should have surrendered the TNI who took part in gross violations of human rights that is the attack on the Diocese of Dili and the residence of Bishop Belo resulting in loss of life and injury but failed to do so.
b. Assault as a Crime against Humanity: The accused should have anticipated there would be disturbance and rioting among the East Timorese in Dili who had differences of opinion on integration with the people and nation of Republic Indonesia, even before the announcement of the result of the Referendum.The accused did not take maximal steps to direct his forces to restore the situation at the Diocese of Dili with the result that several people died and others were wounded, both heavy and serious.
Case status: Convicted on 27 December 2002 and sentenced to five years in prison.
(Remains
free pending appeal)
More detailed case information (PDF)
Former Aitarak commander and
former deputy commander PPI
1. Murder
as a crime against humanity in violation of Art.9(a) of
Indonesia's law 26 of 2000 on human rights courts using
Art.42(2) (Civilian/Police Command Responsibility).
2. Assault as a crime against humanity in violation of Art.9(h) using
Art.42(2) (Civilian/Police Command Responsibility).
This case is in relation to the attack on the house of Manuel Viegas Carrascalao on 17 April 1999.
A. Murder as a Crime against Humanity: According to the prosecution Eurico Guterres did not control his subordinates in a correct and proper manner, that is as superior of the Aitarak group and or deputy commander or superior of the PPI. He knew or deliberately ignored information that clearly showed that his subordinates were committing or had just committed gross violations of human rights amounting to murder committed as part of a widespread or systematic attack directly aimed at the civilian population. The accused did not take the appropriate and necessary steps within his competence to prevent or stop the actions of his subordinates or to surrender the perpetrators to the offices with responsibility for investigation and prosecution.
Specifically, the accused was able to control his subordinates, but nevertheless he failed to take the necessary and appropriate steps that is preventing and stopping the attack and murder at the house of Manuel Viegas Carrascalao or the accused failed to take any or the necessary steps to prevent or stop the acts or surrender the perpetrators to the legitimate authorities for investigation, prosecution and punishment.
B. Assault as a Crime against Humanity: Eurico Guterres did not control his subordinates in a correct and proper manner, he knew or deliberately ignored information that clearly showed that his subordinates were committing or had just committed gross violations of human rights amounting to assault committed as part of a widespread or systematic attack directly aimed at the civilian population and the accused did not take the appropriate and necessary steps within his competence to prevent or stop the actions of his subordinates or to surrender the perpetrators to the offices with responsibility for investigation and prosecution.
Specifically, the accused was able to control his subordinates but nevertheless he failed to take the necessary and appropriate steps that is preventing and stopping the attack and assault of the masses at the house of Manuel Viegas Carrascalao or the accused failed to take any or the necessary steps to prevent or stop the acts or surrender the perpetrators to the legitimate authorities for investigation, prosecution and punishment.
Trial:
Convicted
on 27/11/02 and sentenced to 10 years' imprisonment.
(He is appealing
decisions and therefore has not yet been imprisoned)
Adam
Damiri
Maj. Gen
Former chief of the Udayana Regional Military Command
1. Murder
as a crime against humanity in violation of Art. 9 (a) of
Indonesia's law 26 of 2000 on human rights courts using
Art. 42 (1) Military Command Responsibility.
2. Assault as a crime against humanity in violation of Art. 9 (h) using
Art. 42 (1) Military Command Responsibility.
Adam R. Damiri as a Military Commander is alleged to be responsible for the involvement of his subordinates in relation to:
a. The attack
on the Liquisa Church and Pastor Rafael Dos Santos' residence on April
6th, 1999;
b. The attack on Isaac Leandro's house and Manuel Carrascalao's house
in Dili on April 17th, 1999;
c. The attack on Dili Diocese on September 5th, 1999;
d. The attack on Bishop Belo's residence on September 6th, 1999;
e. The Suai Ave Maria Church massacre on September 6th, 1999.
1. Murder as a Crime against Humanity:
According to the prosecution, Damiri, as a Commander of IX/Udayana Military Command, knew or should have known that several TNI officers who were on duty in East Timor were committing, or just had committed grave human rights violations in the form of murder committed as part of a widespread or systematic attack directly aimed at civilians. The accused did not take any effort to prevent or quell the attack, nor did he surrender the perpetrators to appropriate authorities for investigation, questioning and prosecution.
2. Assault as a Crime against Humanity:
The indictment alleges that the accused as a commander knew or, based on the situation at that time, should have known that his subordinates had committed grave human rights violations, as a part of a widespread or systematic attack in which several civilians were abused which resulted in serious injuries. The defendant did not take any steps to prevent, or quell the attack, nor surrender the perpetrators to appropriate authorities for investigation, questioning and prosecution.
Trial:
Convicted
on 05/08/02 and sentenced to 3 years' imprisonment.
(He is appealing
decisions and therefore has not yet been imprisoned)
Suhartono
Suratman
Brig. Gen
Former East
Timor military commander
Tono Suratman, as Military Post Commander Wira Dharma in East Timor, was indicted on 1st July 2002 with crimes against humanity. There are two charges:
1. Murder
as a crime against humanity in violation of Indonesia's law 26 of 2000
on human rights courts Art. 9 (a) using Art. 42 (1) Military Command Responsibility.
2. Assault as a crime against humanity in violation of Art. 9 (h) using
Art. 42 (1) Military Command Responsibility.
This case is to do with the attacks on:
a. the Liquica
Church and Pastor Rafael Dos Santos' residence on April 6th, 1999;
b. Manuel Carrascalao's house in Dili on April 17th, 1999;
1. Murder as a Crime against Humanity:
According to the prosecution Tono Suratman, as a Military Post Commander Wira Dharma in East Timor, should have controlled the security and defense operations of the units under his command and should have known that his subordinates were committing or had just committed grave human rights violations by committing a widespread or systematic attack towards civilians on April 5, 1999 and in April 17, 1999 in the form of murder. The accused did not take any of the required actions appropriate to his authority to prevent or quell the attack, nor did he surrender the perpetrators to appropriate authorities for investigation, questioning and prosecution.
2. Assault as a Crime against Humanity:
The indictment alleges that the accused, as a commander, knew or should have known (based on the situation at that time) that his subordinates (along with a pro-integration group) committed grave human rights violations as a part of a widespread or systematic attack in which several civilians received serious injuries. The defendant did not take any steps to prevent or quell the attack, nor did he surrender the perpetrators to appropriate authorities for investigation, questioning and prosecution.
Case status: Acquitted on 22/05/02
M.
Noer Muis
Brig. Gen
Suhartono's successor
Summary
of Case:
Indicted
on 4 July 2002. The accused is charged with two cumulative charges of
crimes against humanity:
1. murder
as a crime against humanity (Art.9(a) Indonesia's law 26 of 2000 on human
rights courts);
2. assault/persecution as a crime against humanity (Art.9(h)).
The first charge relates to the attacks on the Dili Diocese, Bishop Belo's house and the Suai Church. The accused liability for the attacks arises under Art 42(1) (a) (b) (military command responsibility).
It is alleged
that the attacks were carried out by pro-integration militia, TNI forces
and members of the police. It is alleged that the accused knew or ought
to have known that those under his command were committing or had just
committed crimes against humanity and yet he did not take all necessary
steps available to him, as the military commander of East Timor at the
time of the alleged attacks, to prevent or stop the attacks. Likewise
it is alleged that the accused did not hand over the perpetrators of the
attacks to be questioned and charged.
The second
charge is brought on the same basis except that it is limited to the attacks
on the Diocese of Dili and Bishop' Belo's house.
Case status:
on going.
More detailed case information (PDF)
Col.
Tribuana military unit chief
Primary charge
(1) - Indonesia's law 26 of 2000 on human rights courts Art.9(a) murder
as a crime against humanity using Art. 42(1) (Military Command Responsibility);
Primary charge (2) - Art.9(h) assault as a crime against humanity using
Art. 42(1) (Military Command Responsibility);
Subsidiary charge (1) - Art.9(a) murder as a crime against humanity using
Art. 41 (attempting, plotting, or aiding the commission of a crime against
humanity);
Subsidiary charge (2) - Art.9(h) assault as a crime against humanity using
Art. 41 (attempting, plotting, or aiding the commission of a crime against
humanity);
Sudrajat,
as the commander of Tribuana VIII military intelligence unit, is alleged
to be responsible for the involvement of three members of his unit in
the attack on the Liquisa church which resulted in the death of 22 people
and injury to 21 others. The subsidiary charges allege that Sudrajat aided
the commission of the attack on the Liquisa church by deliberately providing
the opportunity for it to occur. He is alleged to have done this by not
fulfilling his duties as he was obliged to - in particular he is alleged
to have failed to fulfill his duty to create an atmosphere which was conducive
to reconciliation between pro-independence and pro-integration groups.
Case status:
Acquitted on 30 December 2002.
More detailed case information (PDF)
Hulman
Gultom
Adj. Sr. Comr.
Former
Dili police chief