The trial of Beny Ludji and Jose Gusmao began at the Special Panel
on 12 February 2004 with the two defendants having been detained
since their arrest in Timor Leste on 4 April 2003. Beny Ludji and
Jose Gusmao were indicted along with Aitarak militia member, Jose
Lopes da Cruz Mendonca (aka Jose "Fahiten") on 2 June
2003 for the murder of CNRT independence campaigner Guido Alves
Correia, at his home in Mascarinhas, Dili on 1 September 1999. The
third accused, Jose Lopes da Cruz Mendonca, remains at large and
is believed to be in the Republic of Indonesia.
The SCU indictment alleged that before the popular consultation
on 30 August 1999 armed Aitarak militia members from Company A had
conducted armed patrols through the Mascarinhas and Caicoli areas
of Dili under the command and control of Beny Ludji, the Aitarak
Company A Commander. During such patrols, Ludji had made threats
to kill Independence supporters including specific threats to kill
Guido Alves Correia who was a CNRT Independence campaigner. It was
alleged that on the night of 1 September 1999, Ludji and Aitarak
militia members under his command attacked the house of Guido Alves
Correia where he was hacked to death by Aitarak militia members.
Ludji had subsequently ordered the Aitarak militia members to bring
the victim's body to Ludji's house from where the body was taken
to Tasitolu outside Dili by Ludji and other Aitarak militia members
to be buried in a shallow grave.
To date, SCU indictment charges remain against a total of 311 accused
persons with 279 of those accused presently outside the jurisdiction
of Timor Leste and believed to be at large in the Republic of Indonesia.
With the conviction of Beny Ludji, 41 Indonesian nationals remain
indicted by SCU for Crimes against Humanity in 1999 in Timor Leste
including 37
Indonesian TNI Military Commanders and Officers, 4 Indonesian Chiefs
of Police.
In 2000, the United Nations Transitional Authority in East Timor
(UNTAET) set up Special Panels of Judges at Dili District Court
to hear cases of Crimes against Humanity and serious crimes from
the 1999 period. The Special Panels for Serious Crimes in Timor
Leste are each comprised of two International Judges and one East
Timorese Judge.
Since trials began at the Special Panels in 2001, a total of 52
defendants have now been convicted with 2 defendants having now
been acquitted of all charges. Until today, those convicted in trials
in Timor Leste have only included East Timorese TNI soldiers, East
Timorese militia members and an East Timorese Falintil resistance
fighter. At present, 15 cases with a total of 32 defendants are
currently proceeding or are scheduled to commence at the Special
Panels for Serious Crimes in the coming months.
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