Former Batugade Saka Loromonu Militia Village Commander Sentenced To 7 Years After Pleading Guilty To Murder As A Crime Against Humanity

At 9:00pm on 17 February 2004, Judges at the Special Panels for Serious Crimes convicted Lino de Carvalho of murder as a Crime against Humanity. The former Saka Loromonu militia commander from Batugade in Bobonaro district had pleaded guilty to the murder of independence supporter Sabino Pereira from Maliana in Palaka village in Balibo subdistrict on 6 September 1999. Taking into account his plea of guilt, the Panel of three Judges at the Special Panels for Serious Crimes sentenced Lino de Carvalho to 7 years
imprisonment.

The trial of Lino de Carvalho had initially commenced on 19 February 2002 was subsequently postponed. With the departure of one of the Special Panel International Judges from the initial panel of Judges, the trial recommenced on 16 February 2004 under a different panel of Special Panel Judges.

On 16 February 2004, Lino de Carvalho pleaded guilty to one count of murder as a Crime against Humanity as charged in the SCU indictment filed in May 2001. The indictment alleges that Batugade Saka Loromonu militia members including the accused abducted Sabino Pereira from Atambua in Indonesian West Timor where he had fled in September 1999. It is alleged that Pereira was taken to the Saka Loromonu militia headquarters in Batugade in East Timor where he was allegedly severely beaten and orders to kill Pereira
were given by Saka Loromonu militia commander Ruben Monteiro Goncalves. Pereira was taken to Palaka village where he was stabbed to death by the accused and other militia members. The victim was later decapitated.

In the plea agreement between the SCU Prosecution and the accused and his Defence Counsel, the SCU Prosecution agreed to withdraw two counts of inhumane acts as Crimes against Humanity against the accused due to his plea of guilt to the count of murder. In the SCU indictment the accused had been charged with the abduction and beating of independence supporters on 14 April 1999 and the abduction and beating of four teachers on 7 May 1999 by Indonesian military (TNI) and militia members including the defendant at the Firmi Militia headquarters in Balibo in Bobonaro district.

The original SCU indictment from May 2001 also charges former Saka Loromonu militia commanders Ruben Monteiro Goncalves and Ruben Tavares with one count of murder as a Crime against Humanity for the murder of Sabino Pereira and three counts of inhumane acts as Crimes against Humanity including those mentioned above. SCU Investigators believe that the two accused are currently living in Atambua in Indonesian West Timor.

In an unrelated SCU case concerning the abduction and disappearance of independence supporter Longuinos da Silva de Jesus in the Hera area of Dili, the SCU Prosecution withdrew charges against four accused former Aitarak militia members at a preliminary hearing held at the Special Panel for Serious Crimes on 12 February 2004. The SCU Prosecution withdrew charges of persecution as a Crime against Humanity against all four accused for the reason that alleged facts in the indictment did not meet the requirement of severity required to be proved for a charge of persecution as a Crime against Humanity.

Prior to the withdrawal of charges against Domingos Amati, Antonio Maukasa, Jorge Manuel Lopes and Jose Lopes, the four accused had been indicted with persecution as a Crime against Humanity for the abduction of independence supporter Longuinhos da Silva de Jesus. The victim was allegedly beaten by the four men and taken to the Indonesian military (TNI) Rajawali Compound in the Hera area of Dili on 1 May 1999.

While the charges against the four accused have been withdrawn, an indictment against Mateus de Carvalho, Company Commander D of Aitarak Militia was filed with the Special Panel for Serious Crimes on 25 September 2003. The Aitarak militia commander of Company D - Mateus de Carvalho is charged with other multiple counts of Crimes against Humanity including the abduction and disappearance of Longuinhos da Silva de Jesus on 1 May. The indictment alleges that the victim was taken from the Hera TNI Rajawali
Post by Mateus de Carvalho and that the dead body of the victim was found 3 days later at Hera beach. SCU Investigators believe that Mateus de Carvalho remains at large in Indonesian West Timor.

One of the accused in the withdrawn case, Domingos Amati remains indicted in two other SCU indictments. In one indictment, Amati is charged together with Francisco Matos with the murder of Antonio Pinto Soares in the Hera area of Dili on 5 September 1999. This follows a Court of Appeal decision in December 2003 which overturned an initial dismissal of the SCU indictment on 11 July 2003. The re-instatement of the indictment means that Domingos Amati and Francisco Matos will face a future trial for the murder of Antonio Pinto Soares at the Special Panels for Serious Crimes.

In another indictment Domingos Amati is charged with seven others for two counts of Crimes against Humanity, involving the alleged persecution by abduction, and torture of Sebastiao Gusmao and Thomas Ximenes at the TNI compound in Akanunu in Dili district on 8 May 1999. The trial is scheduled to commence in early May 2004 at the Special Panel for Serious Crimes.

Since trials began at the Special Panels for Serious Crimes in Timor Leste in 2001, a total of 48 defendants have now been convicted with 1 acquittal. The Special Panels for Serious Crimes are comprised of two International Judges and one East Timorese Judge. At present, 13 trials with a total of 31 defendants are currently proceeding or are scheduled to commence at the Special Panels for Serious Crimes in the coming months.