Top court annuls own decision
imprisoning ex-E. Timor Governor
Indonesia's Supreme Court on Thursday annulled its own decision
in April to imprison a senior government official on charges of
gross human rights violations in East Timor in 1999 when its people
voted to separate from
Indonesia.
"A judicial panel decided today to annul this court's verdict
that sentenced former East Timor Gov. Abilio Jose Osorio Soares
to three years in jail and to accept a judicial review he had filed,"
Supreme Judge Iskandar Kamil, who presided over the panel, told
Kyodo News.
In the judicial review filed by Soares soon after he was sentenced
to three years in jail, his lawyers submitted new evidence to show
his innocence and to secure his release.
In Indonesia's legal system, a judicial review filed with the Supreme
Court is allowed as long as the defendant can show new evidence
for his or her case.
Kamil, however, refused to go into details on the Thursday decision,
including the reasons behind the court's decision. He said Soares
can only walk free after receiving a copy of the decision, which
could take a few
months.
Soares has been serving his prison term since July 17 after the
Supreme Court on April 1 upheld a decision of the Ad Hoc Human Rights
Tribunal two years ago to sentence him three years in jail.
Soares had been found guilty of "not taking proper actions
to prevent violence" from happening before, during and after
the 1999 U.N.-organized referendum on self-determination in East
Timor.
The alleged violations occurred during a series of attacks against
pro-independence East Timorese in the towns of Liquica, Dili and
Suai between April and September of 1999, during which more than
100 people were
killed and hundreds more injured.
During the trial in the special human rights court in 2002, state
prosecutors had sought a 10-and-a-half-year jail sentence for Soares.
The Ad Hoc Human Rights Tribunal tried 18 people involved in the
East Timor violence, but acquitted most of them, especially military
and police officers.
In December 2002, the tribunal handed down a 10-year sentence to
feared Aitarak militia leader Eurico Guterres.
Militia groups in East Timor began escalating violence and intimidation
against pro-independence people in April 1999 ahead of a U.N.-sponsored
referendum on independence Aug. 30 that year.
Soon after the announcement of the referendum results Sept. 4,
1999, the militia groups launched a campaign of violence and destruction
across East Timor, which was a Portuguese colony for more than 400
years before being invaded by Indonesia in 1975.
The tiny half-island gained independence May 20, 2002, after more
than 24 years under Indonesian occupation and two-and-a-half years
under United Nations administration.
Despite some criticism over the fairness of Indonesia's human rights
tribunal, East Timor's government has so far ruled out the idea
of seeking justice at an international tribunal and has instead
made efforts to build
a close relationship with its former occupier and giant neighbor.
end