Also AN: Supreme Court reaffirms verdict

Indonesia top court doubles Timor militiaman's term

13 Mar 2006 10:56:05 GMT

Source: Reuters

JAKARTA, March 13 (Reuters) - Indonesia's Supreme Court on Monday doubled to 10 years the punishment for a leader of pro-Jakarta militia that went on a rampage in the period surrounding East Timor's 1999 freedom vote.

The verdict was similar to the sentence Eurico Guterres, who is ethnically East Timorese, was given by a district-level court in November 2002. However, an appellate court had halved that to five years in 2004.

After the appellate court's 2004 decision, the prosecution and Guterres, who has denied any wrongdoing, appealed to the Supreme Court, which chose to back the district court's ruling.

"The appellate court's ruling did not match the general feeling of justice. It was far below the minimum sentencing" for human rights abuse cases, Supreme Court judge Masyhur Effendi told reporters.

Effendi is a member of the five-judge panel that handled the case against Guterres, who led the notorious Aitarak militia gang.

Local militia gangs backed by Indonesian army elements were blamed for much of the carnage before and after East Timor voted in August 1999 to end 24 years of rule by Jakarta. The United Nations estimates about 1,000 people were killed in the 1999 violence.

The Supreme Court decision means Guterres, currently a politician on the Indonesian side of Timor island, becomes the only person of the 18 men indicted by Jakarta prosecutors over the 1999 Timor violence whose legal proceedings have ended with a conviction from Indonesia's highest judicial body.

Guterres, himself, has yet to serve any time for the conviction on East Timor violence. It is unclear whether or when he will start after the latest ruling but his lawyer said a judicial plea against the decision would be filed soon.

Under Indonesian laws, a convicted party can challenge a Supreme Court ruling if the individual can present strong new evidence.

Although some of the 17 other defendants of the 1999 events received sentences at certain court stages, all were eventually acquitted by the appellate court or Indonesia's Supreme Court.

All of the 17 were Indonesian security officers or government officials based in East Timor in 1999.

Their acquittals, which some say were a whitewash of the Indonesian government's involvement in the atrocities, have drawn fire from the West and international human rights groups.

East Timor, once a Portuguese colony, became an independent state in 2002.

Supreme Court reaffirms verdict against ex-militia chief

JAKARTA (Antara): The Supreme Court Monday reaffirmed Monday a verdict against ex-East Timor militia chief Eurico Guterres made by the ad hoc human right court that punished him 10 year term on Nov. 27, 2002.

Three of the four justices at the Monday's hearing, declared Guterres guilty for committing gross human right violation following East Timorese referendum in 1999.

But Justice Mansyhur Effendi had different opinion,saying that Guterres should be freed from all charges because many suspects, mostly police and military officers, involved in the incident did not receive any punishment.

The three justices, who declared Guterres guilty, were Parman Soeparman, Dirwoto, and Sumaryo Suryokusumo.

East Timor, a country of about 1 million people, voted for independence in a 1999 referendum after a 24-year occupation by Indonesia, which invaded the territory when it was abandoned by Portuguese colonial administration in 1975.

Guterres was tried based on Law No. 26/2000 on human rights court. He was charged for allowing his militias committing crime against humanity following the East Timor referendum that killed at least 12 people.

The ad hoc human rights court tried 18 suspects, 16 of them are military and police officers. But judges freed all of the military and police officers from all charges.

Another suspect was former East Timor Governor Abilio Suares, who was sentenced 10 years by the lower court, acquitted by the Supreme Court. (**)

END