Please
note that: The following information relates only to indictments
that have been issued by the Special Panel for Serious Crimes
of the Dili District Court. The accused listed below cannot
be assumed guilty unless it has been decided by a court
of law. While JSMP endeavours to ensure the accuracy of
the information provided below, we cannot guarantee that
the attached indictments and judgments are authoritative
versions. All the cases are listed according to case number.
If you need more information on any partucular case, please
contact JSMP via: info@jsmp.minihub.org
.
Summary
of Case:
Member of Firmi militia. Originally indicted on 13/1/01
but amended indictment filed on 9/7/01 with two charges
of murder and one charge of attempted murder of 3 men from
Leo Lima village, Balibo sub-district, Bobonaro district
on 15/9/99. At a preliminary hearing on 23/5/99 the Special
Panel dismissed the case on the basis that the indictment
was not pleaded properly. New indictment filed 14/12/2004
charging the accused with the Crimes Against Humanity of
Other Inhumane Acts (Count 1), Torture (Count 2), Murder
(Counts 3 and 4) and Attempted Murder (Count 5) committed
in Balibo and Batugade in 1999. Defence filed motion to
dismiss indictment as charges had already been dismissed
by the SPSC but this motion was denied on 11/2/2005. Upheld
by Court of Appeal on 10/3/2005. Accused pleaded
guilty to Crimes Against Humanity of Other Inhumane Acts,
Murder and Attempted Murder on 31/3/2005 and sentenced to
8 years imprisonment. Prosecutor withdrew other
charges
Summary
of Case:Member of the Halilintar militia.
Indicted on 1/2/01 with one charge of murder of a CNRT supporter
in Memo village, Maliana sub-district, Bobonaro district
on 7/9/99. Convicted of murder on 15/7/2001 and sentenced
to 16 years imprisonment. Sentence reduced to 9 years imprisonment
by Court of Appeal on 24/11/2004.
Granted nine month reduction
of sentence by Presidential Decree on 20 May 2005.
Summary
of Case: Alleged
member of Team Alpha militia. Indicted on 2/2/01 with one
charge of murder and one charge of attempted murder of two
pro-independence supporters at a rice warehouse in Lautem,
Lautem district on 25/9/99. At trial the accused claimed
he was ordered to participate in the killings. Convicted
on 18/6/01 and sentenced to 12 years and 6 months imprisonment.
Court
of Appeal confirmed the sentence imposed at first instance.
Summary
of Case: Known
as the Lolotoe case, it involves 27 counts of crimes against
humanity, including imprisonment, torture, inhumane acts,
persecution, three rapes and four murders. The incidents
took place between May and September 1999 in and around
the Lolotoe area near the West Timor border in Bobonaro
district. Two of the three accused are alleged to have been
commanders of the Kaer Metin Merah Putih militia and the
third was a former village chief. The trial commenced on
4 March 2002 but faced numerous delays.
The
accused was originally indicted as part of the Lolotoe case.
During the trial, and agreement was reached with the prosecution
whereby the accused pleaded guilty to three counts of imprisonment
and one count of torture and the prosecution agreed not
to pursue two counts of inhumane acts and one count of persecution
aginst the accused. The Court accepted the plea
and on 22/10/02 Joao Franca Da Silva was convicted of the
four counts of imprisonment/deprivation of liberty and one
count of torture as Crimes Against Humanity. On
29/10/02 the Court sentenced Jhoni Franca to a total of
five years imprisonment. (He had already served approximately
18 months of this sentence in pre-trial detention.)
For JSMP Comments on the
case see Comments for case No 4A/2001
Case
Number: 4B/2001
Summary
of Case: Known
as the Lolotoe case, it involves 27 counts of crimes against
humanity, including imprisonment, torture, inhumane acts,
persecution, three rapes and four murders. The incidents
took place between May and September 1999 in and around
the Lolotoe area near the West Timor border in Bobonaro
district. Two of the three accused are alleged to have been
commanders of the Kaer Metin Merah Putih militia and the
third was a former village chief. The trial commenced on
4 March 2002 but faced numerous delays.
The
accused was originally indicted as part of the Lolotoe case.
During the trial, an agreement was reached with the prosecution
whereby the accused pleaded guilty to three counts of imprisonment
and one count of torture and the prosecution agreed not
to pursue two counts of inhumane acts and one coount of
persecution aginst the accused. The Court accepted
the plea and on 18/11/02, Sabino Gouveia Leite was convicted
of two counts of imprisonment/deprivation of liberty and
one count of inhuman acts as Crimes Against Humanity.On 20/11/02 the Court sentenced Sabino Gouveia Leite
to a total of three years imprisonment.
Note:
Following the completion of two-thirds of his sentence (on
4/12/02) and a favourable report on his behaviour in custody,
the Court ordered his conditional release on 17/12/02.
For JSMP Comments on the
case see Comments for case No 4A/2001
Case
Number: 4C/2001
Summary
of Case:Known as the Lolotoe case, it
involves 27 counts of crimes against humanity, including
imprisonment, torture, inhumane acts, persecution, three
rapes and four murders. The incidents took place between
May and September 1999 in and around the Lolotoe area near
the West Timor border in Bobonaro district. Two of the three
accused are alleged to have been commanders of the Kaer
Metin Merah Putih militia and the third was a former village
chief. The trial commenced on 4 March 2002 but faced numerous
delays. Accused convicted
on 5/4/03 of Crimes Against Humanity and sentenced to 12
years imprisonment.
Summary
of Case:East Timorese member of the TNI
based in Aileu district. Originally indicted on 21/2/01
and amended on 31/5/01 to one charge of murder of a man
in Hoholu village, Aileu district on 9/9/99. At the prelimary
hearing he initially pleaded guilty, but the Special Panel
decided not to accept his admission of guilt, and the case
proceeded to trial. Closing submissions delayed while a
replacement public defender was sought. Convicted on
14/9/02 of criminal negligence causing death under section
339 of the Indonesian Penal Code and sentenced to 11
months imprisonment. Leki was acquittted of the charge
of murder. Leki had already served 11 months in pre-trial
detention, so his sentence had already been served.
Summary
of Case: Member of Aileu
Hidup dengan Integrasi militia. Indicted on 21/2/01 with
one charge of murder of a man in Menarboe village, Aileu
district on 4/9/99. The Special Panel accepted the admission
of guilt made by Augusto dos Santos during the preliminary
hearing and convicted him without proceeding to trial. Convicted
on 3/4/02 of murder and sentenced to 5 years imprisonment.
Summary
of Case:Member of the Mahidi militia.
Indicted on 16/3/01 with one charge of murder and one charge
of arson in Kassa village, Ainaro district on 5 September
1999. Convicted
on 27/3/02 of the lesser charge of being an accomplice to
murder and sentenced to 4 years imprisonment.
Summary
of Case:Intelligence officer with the
TNI based in Maliana. Indicted on 21/4/01 with one charge
of murder of a man on 7/9/99 who he allegedly handed over
to militia in West Timor and ordered to be killed. At trial
the accused denied having ordered the killing. Convicted
on 13/6//01 and sentenced to 8 years imprisonment.Court of Appeal increased sentence to 9 years imprisonment
on 31/5/2004.
Summary
of Case:Originally indicted on 20/3/01
together with Francisco
dos Santos Laku but indictments severed as accused are
still at large, presumed to be in West Timor.
Summary
of Case:Originally indicted on 25/4/01
with one charge of murder and three counts of maltreatment.
Leave to amend
the indictment to crimes against humanity have been granted
by the Special Panel for Serious Crimes, and the form in
which the indictment was issued approved by the Court of
Appeal. New indictment filed 18/5/01 charged the accused
with crimes against humanity, including one count of murder
and two counts of inhumane acts. Accused pleaded guilty
to Crime Against Humanity murder on 16/2/2004 and the prosecution
withdrew the two remaining counts. On 17/2/04 the
court found the accused guilty of Crime Against Humanity
murder and sentenced him to 7 years imprisonment.
Granted one year
reduction of sentence by Presidential Decree on 20/5/05.
Summary
of Case: Indicted on 26/4/01 with one
charge of murder, originally together with Lino de Carvalho,
but now severed as defendant is still at large.
Summary
of Case:Members of the BMP militia, indicted
on 1 May 2001. Charged with Crimes Against Humanity, including
murder and deportation or forcible transfer of population
in Liquica district in September 1999. On 13 November
2003 the court found Anastacio Martins guilty of two counts
of Crime Against Humanity murder. The court declined
to excercise its jurisdiction with regard to the charge
of murder pursuant to the Indonesian criminal code. The
other charges of Crime Against Humanity murder and deportation
were withdrawn by the Prosecution. Martins was sentenced
to 11 years and six months imprisonment. Domingos
Goncalves was found guilty of Crimes Against Humanity in
relation to three murders and one count of forcible transfer
of population and sentenced to 15 years imprisonment.
Domingos Goncalves appealed, but the Court rejected this
appeal on 14/9/04.
On 20 May 2005 Anastacio
Martins received a 1 year reduction of penalty by Presidential
Decree.
Summary
of Case:Indicted
on 10/5/01. Former
member of the Laksaur militia, charged with one count of
murder in Manekiik village, Covalima district on 6 September
1999. The Special Panel accepted the admission of guilt
and proceeded to sentencing without trial. Convicted
on 11/3/02 of murder and sentenced to 5 years imprisonment.
Summary
of Case:
Indicted on 15/5/01
on a charge of rape of a woman who was taken from the TNI
744 base in Becora in September 1999.
Hearings were closed to the public. Convicted on 12/9/02
of rape and sentenced to four years jail.
Appeal was lodged on 18/12/ 02 and on 2/10/03 the Court
upheld the decision of the Special Panel.
Summary
of Case:Originally
indicted on 28/1/02 with one charge of murder related to
the Suai church massacre on 6 September 1999. Indictment
withdrawn at request of Prosecution on 30/9/02.
Summary
of Case:Indicted
on 5/6/01 charged with crimes against humanity including
3 counts of murder and one of other inhumane acts. The acts
were allegedly committed as part of militia violence in
Liquica District in March and April 1999, including the
massacre of a group of villagers who were hiding in the
Liquica Church on 6 April 1999. One of the charges also
relates to another attack on the house of Manuel Carrascalao
in Dili on 17/4/99. Convicted
on 10/9/02 of three counts of murder and sentenced to 20
years imprisonment. Acquitted of crimes against humanity.
Prosecution
appeal against acquittal of crimes against humanity. Court
of Appeal decision 15/7/03: Convicted and sentenced to 25
years imprisonment for Genocide contrary to the Portuguese
Penal Code (the Court of Appeal's 'Applicable Subsidiary
Law' Decision).
Proseuctor General appealed
to East Timor's Supreme Court of Justice in July 2003, but
as this Court is yet to be established it was held by the
Court of Appeal that the appeal could not proceed.
Summary of Case:
Indicted on 7/8/01 with charges of crimes against humanity.
Benjamin Sarmento, Romeiro Tilman, Joao Sarmento and Domingos
Mendonca were members of the Tim Sasurut Ablai militia that
was active in Same sub-district, Manufahi district, during
1999. Two of the four accused had earlier been indicted
on charges of murder, but the Special Panel had allowed
a request by the Public Prosecutor to upgrade the charges
and to join them together with two other related investigations.
The charges relate to several incidents between April and
September 1999 in Same sub-district. They include seven
murders as well as the persecution, imprisonment and deportation
of hundreds of villagers in both the lead up and aftermath
of the popular consultation on 30 August 1999. The two original
accused were also charged with responsibility for the acts
of their subordinates, as they are alleged to have been
involved in the command structure of the notorious militia
group.
See also the related indictment against Bernadino da Costa,
Case No 3/2002 (see below).
Pleas of guilty by Benjamin Sarmento and Romeiro
Tilman entered 30/6/03. Trial Split. Sarmento sentenced
16/7/03 to 12 years imprisonment. Tilman sentenced 16/7/03
to 8 years imprisonment. (18/2001)
Joao Sarmento pleaded guilty to Crimes Against Humanity
of murder and deportation and sentenced to 8 years and 8
months imprisonment on 12/ 8/ 2003. (18a/2001)
Domingos Mendonca was sentenced to 10 years and
6 months imprisonment on 13/ 10/ 2003. (18b/2001)
Summary
of Case:Besi Merah Putih militia member
indicted on 21/9/01 with three counts of crimes against
humanity including two murders in April 1999 and torture
and inhumane acts in August 1999. Released 09/06/03 from
Pre-trial detention.On
3/3/ 2004 Correia pleaded guilty to the Crime Against Humanity
of other inhumane acts and on 9/3/2004 he was sentenced
to three years imprisonment. The Prosecution withdrew the
remaining charges. Correia had already spent two years,
one month and 6 days in detention and this was deducted
from the sentence. He was granted conditional release two
days later, on 11/3/2004.
Preliminary Hearing: 1/2/02
Trial dates: 3/3/04
CASE FINALISED
Passabe
case Simao Lopes
Laurentino Soares(alias Moko)
Gabriel Kolo
Bonifacio Bobo (alias Bone)
Andre Ulan
Anton Sabraka Florenco Tacaqui*
Tomas Bubun
Elvis Lopes
Domingos Obe
Julio da Costa
Summary
of Case:Indictment
filed on 21/09/01.
Each of the accused is alleged to be connected with the
Sakunar Militia, including the Supreme Commander and two
village commanders.
They are charged with 8 counts of crimes against humanity,
including imprisonment, inhumane acts, deportation, persecution,
the murders of 18 men on 8/9/99 and the extermination of
47 men on 10/9/99. In addition, Simao Lopes, Laurentino
Soares, Gabriel Kolo, Andre Ulan and Anton Sabraka are charged
with command responsibility. With the exception of Florenco
Tacaqui (Florencio Takaqui), all of the accused are at-large
and presumed to be in Indonesia.
Trial
for Tacaqui went ahead despite the refusal of`the accused
to speak since recieving the arrest warrant in 2001. On
26/7/04 Tacaqui was convicted of the Crimes Against Humanity
of severe deprivation of liberty, inhmane acts, murder and
persecution. He was sentenced to 12 years imprisonment.
Leoneto
Martins
Augustinho Alves Correia
Jose Afat
Lt.Col. Asep Kuswani
Cpt.Purwanto
Sgt.Major Carlos Amaral
Lt.Dominicus Yance Sado
Lt.Col.Adios Salova
Tome Diogo
Domingos Mendez aka Domingos Askopas
Henrique Moreira
Jorge Veigas
Manuel Sosa
Joao Sera aka Joao Loumeza
Felipe Graciano
Zacharia Alves
Jacinto Gonsalves
Floriano Da Silva aka Floriano Dato Meta
Domingos Goncalves aka Domingos Limen Sanak
Victor da Cruz
Victor Lopez aka Victor Handako
Summary
of Case:Indictment
filed on 22/11/01.
The 20 persons named are accused of 18 charges of Crimes
Against Humanity related to the April 1999 Liquiça
Church massacre. The crimes include
murder, torture, prosecution, inhumane acts, forced deportation
and extermination. The accused include the Bupati of Liquica
(Leoneto Martins) and two sub-district adminstrators, the
Dandim (District Military Commander) for Liquica and his
deputy, two DANRAMIL (Sub-district military commanders),
the KAPOLRES (District Police Commander) for Liquica, 3
TNI officers and one intelligence officer. The remainder
are alleged to have been members of the Besi Merah Putih
militia group, including the Commander (Manuel Sousa), his
deputy and other BMP commanders from Bazartete sub-district.
All of the accused are charged with both individual and
command responsibility. All of the accused are at-large
and presumed to be Indonesia. Several of the accused are
also charged in connection with the Dili Rally Case, Case
No 2/2002 (see below).
Press Release: Training on Criminal Investigation from Gender Perspective According to Timor-Leste's Criminal Procedure Code English,Indonesia,Tetum
Justice Update : Restrictive Measure Pre-Trial Detention, Parole and Suspension of the Execution of a Prison Sentence. English,Indonesia, Portuqese
March
Press Release: The Perpetrators of a Shooting that Acurred in the Jardim in 2006 are acquitted. English,Indonesia,Tetum
Press Release: Alfredo Goncalves the Perpetrators of a Murde Against the Victim Joao Pinto, has been Sentenced to five years inprisonment. English,Indonesia,Tetum
Press Release: Dili District Court hands down 5 Defendants Charged with Illegal Possesion of Weapons. English,Indonesia,Tetum
Press Release: 2005 Rape Case Involving Member of the Police (PNTL). English,Indonesia,Tetum
Press Release: Dili District Court holds Proceedings to Interrogate a member of Alfredo Reinado Associates. English,Indonesia,Tetum
Press Release: Baucau District Court Decides to Repatriate a Forme Indonesia National Armed Force (TNI) Member to Indonesia. English,Indonesia,Tetum
Press Release: JSMP Regrets the Statement by Xanana Gusmao about Declaring a state of emergency that has caused dissensions to emerge in the community English,Indonesia,Tetum
Press Release: Rogerio Tiago Lobato Sentenced to 7 years 6 months prison English,Indonesia,Tetum
Press Release: The Suai District Court in the post-crisis period English,Indonesia,Tetum
Justice Update: The Court Needs Witness Testimony to Establish the Material Facts English,Indonesia,Tetum
February
Press Release: JSMP-Women Justice Unit and VSS, in Fokus "Networking Conference" Thailand 2007 English,Indonesia,
Press Release: The Actual Prime Minister Present to give Testemony at the Hearing in Connection with the Case of the Alleged Arming of Civilians English, Indonesia,Tetum
Press Release: Former Vice-Minister of the Interior Asked to Testify at the Court Hearing in Connection with the Criminal Case of Alleged Arming of Civilians English, Indonesia,Tetum
Justice Update: JSMP Comment on the Draft Legislation on East Timorese Lawyers Indonesia,Tetum, English
Justice Update : Statement by the President of National Parliament Considered to be Incompatible with the Principle of Separation of Powers Indonesia,Tetum, English
January
Press Release: Hearing of Evidence in the Trial of the Defeandant Rogerio Lobato and the Other Co-accused Indonesia,Tetum, English
Press Release: The Court Ordered the Timor-Leste Ministry of justice and UNPOL to Provide Physical Protection Measures for the Witnesses in the Case of Defendant Rogerio Lobato and His Co-Accused Indonesia,Tetum, English
Press Release: First Judicial Inquiry for Eleven Members of F-FDTL and One of PNTL Held in Dili District Court Indonesia,Tetum, English
Press Release: Memeber of Laksaur Militia Appears Before Panel of Judges in Dili District Court Indonesia,Tetum, English
Press Release: The Fourth Hearing of Evidence in the Trial of Rogerio Tiago Lobato and Other Co-Accused Did not Aggravate Accusation Against the Defendants Indonesia,Tetum, English
Press Release: The Witness Paulo de Fatima Martins Justified the Issuance of F2000 Automatic Guns by the Defendant Rogerio Lobato Indonesia,Tetum, English
Justice Update: The Court Counducted a Hearing for one of the Witnesses in the Presence of Other Co-Witnesses to be at Courtroom Indonesia,Tetum, English
Press Release : The Commission of Truth and Friendship (CTF) Will Make a big Mistake, if it Recommend an Amnesty to the Crimes Prepetrators in Timor-Leste Indonesia,Tetum, English
Press Release : Majority the Top Officials of the Timor-Leste Goverment Asked to be present as witnesses in the case against the Defendant Rogerio F.T. Lobato Indonesia,Tetum, English
Press Release : Trough the witness statement, the Court Ordered the office the Prosecutor to launch a criminal investigation against Railos and Liquica District PNTL Commander Indonesia,Tetum, English
Desember
Press Release: Defendants Involved in Death of PNTL Member Tomas da Costa Given Suspended Sentence of 1 Month, 15 Days Jail IndonesiaEnglish,Tetum
November
Justice
Update: The Dissemination Of “CHEGA”
The Final Report Of The CAVR IndonesiaEnglish,
October
Justice Update: JSMP Response to the
Report of the UN Independent Special Commission Of Inquiry For Timor
Leste IndonesiaEnglish,
Press
release Third Annual AATL Conference Held in Dili
[English,
Indonesia]
September
Thematic Reports Progress to Date in the Cases
of Rogerio Lobato and Mari Alkatir
(IndonesiaEnglish,
Tetum)
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2006 Judicial System Monitoring Programme
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