| Judicial
System Monitoring Program (JSMP)PRESS
RELEASE For Immediate Release24 February 2004
Three
More Decisions Handed Down By Special Panel For Serious Crimes
Yesterday, 23
February 2004,the Special Panel for Serious Crimes in Dili, East
Timor, delivered decisions on the cases of Miguel Mau, Paulino de
Jesus and Inacio de Olivera and Others.
Miguel Mau
was sentenced to 9 years imprisonment for crimes against humanity
in the form of murder, disappearance and an attack against the civilian
population in the village of Raihun, Tilomar, district of Suai. He
pleaded guilty to the murders of Aleixo Ximenes, Tomas Cardoso and
Paulo Ximenes as well as the disappearance of Lodificus Rabu and the
attack against the civilian population. Paulino
de Jesus was found not guilty by the Special Panel for the charges
of crimes against humanity for the murder of Lucinda Saldanha and
the attempted murder of Juvita Cardoso which took place on 10 September
1999 in Bobonaro. The Panel was of the opinion that the prosecution
could not prove the participation of De Jesus in these crimes.
In the case of
Inacio Olivera, Gilberto Fernandes and Jose da Costa, the Special
Panel for Serious Crimes considered the three accused not guilty
of the crime against humanity in the form of murder of Verissímo
Dias Quintas in Los Palos. In its decision, the Court found that
the accused had not actively participated in the murder of Mr. Dias
Quintas. The Court was also of the opinion that the prosecution
was not able to show the element of a “widespread and systematic
attack” in this case and consequently only decided to hold
the accused guilty of destruction of property in terms of article
170 of the Indonesian Penal Code, sentencing each of them to a term
of 18 months imprisonment.
‘JSMP had
been concerned by the delay in these cases as the accused in these
cases were indicted between two and three years ago. However, in
recent months these cases were processed significantly quicker due
to the threat of one of the Judges of the Panel departing East Timor.
In the end, the Special Panel could satisfactorily concluded these
cases before the Judge’s departure preventing the rights of
the accused being violated by further delays.’ - said JSMP
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