SERIOUS CRIMES UNIT UPDATE V/03
28 May 2003
SCU: INVESTIGATION AND PROSECUTION
The Serious
Crimes Unit (SCU) was established by the United Nations
Transitional Authority in East Timor (UNTAET) following UN Security Council
Resolution 1272 (1999). As mandated by the United Nations Security Council,
the Serious Crimes Unit is responsible for conducting investigations and
preparing indictments to assist in bringing to justice those responsible
for serious crimes in East Timor in 1999.
In independent
East Timor, the SCU works under the legal authority of the
Prosecutor-General of the Democratic Republic of East Timor (RDTL). Dr.
Longuinhos Monteiro is the Prosecutor-General of the RDTL. The Office
of
the Prosecutor-General is divided into two sections: Ordinary Crimes and
the Serious Crimes Unit.
SCU is currently
investigating and prosecuting cases of Crimes against
Humanity, as well as individual offences of murder, rape, torture and
other
crimes committed in East Timor between 1 January and 25 October 1999.
The Serious
Crimes Unit is headed by the Deputy General Prosecutor who
reports functionally to the Prosecutor-General. The Deputy General
Prosecutor is responsible for managing the investigations and prosecutions
of the SCU.
SCU Prosecutor
Mr Essa Faal is currently acting as Deputy General
Prosecutor for Serious Crimes until a replacement Deputy General Prosecutor
joins the mission.
The Unit
currently has 119 staff members including of 41 UN International
staff including prosecutors, investigators, forensic specialists,
translators and support staff as well as 23 UN Police investigators and
40
UN national staff including translators and mortuary staff. In addition,
12
East Timorese trainee prosecutors, case managers, ITU and data coding
staff
as well as 5 East Timorese Police investigators work in teams with
International UN staff at SCU
The SCU
is divided into teams including 4 Prosecution teams consisting of
prosecutors, case managers and investigators. The Prosecution teams cover
all 13 districts of East Timor with district investigation offices
currently operating in Maliana, Aileu, Oecussi and Suai.
SCU Indictment Information
Since the work of SCU began, 60 indictments have been filed at the Special
Panel for Serious Crimes at Dili District Court. In the indictments, there
are charges filed against 261 indictees; that is 247 accused persons as
14
individuals appear on more than one indictment.
At present,
169 of those 247 (over 65%) accused persons indicted by SCU
remain at large in the Republic of Indonesia. The accused include 28
Indonesian TNI Military Commanders and Officers, the former Indonesian
Chief of Police in East Timor and 2 Indonesian District Police Chiefs,
35
East Timorese TNI Officers and soldiers, the former Governor of East Timor
and 4 former District Administrators. All are charged with Crimes against
Humanity.
To date,
33 of the 60 indictments filed charge for Crimes against Humanity
including murder, rape, extermination, torture, and deportation against
233
indictees (219 accused persons). These indictments include Crimes against
Humanity cases such as the Atabai rape cases, the Maliana UNAMET killings,
the killing of the traditional King of Los Palos, the Oecussi killings
and
the Mahidi indictment.
In 2003,
14 indictments (including the National indictment and 7 major
crimes against humanity indictments) have been filed at the Dili District
Court charging a total of 119 persons. 104 of those accused remain at
large
in the Republic of Indonesia.
On 9 April
2003, the SCU issued an indictment charging 5 East Timorese TNI
soldiers with Crimes against Humanity: rape, torture and deportation.
The National Indictment
On 24 February
2003, SCU issued the National indictment charging the former
Indonesian Minister of Defence and Commander of the Armed Forces, 6
high-ranking Indonesian Military Commanders and the former Governor of
East
Timor with Crimes against Humanity for murder, deportation and persecution.
Priority Crimes Against Humanity Indictments
SCU initially
identified 10 priority cases of crimes against humanity when
investigations began in 2000. In February 2003, SCU issued indictments
in 3
of these priority cases: the Cailaco killings, and the attacks on Bishop
Belo's compound and Dili Diocese and the Covalima militia indictment
On 8 April
2003, the Deputy General Prosecutor filed the Covalima TNI
indictment. This is the second indictment in this priority case following
the Covalima militia indictment which charged 14 Laksaur Militia Commanders
and members. The Covalima TNI indictment charges 8 Indonesian TNI
Commanders and Officers, the former Indonesian District Chief of Police,
the former Indonesian District Administrator and 6 East Timorese TNI
soldiers with Crimes against Humanity charges including murder,
extermination, torture and deportation. The indictment includes charges
of
Crimes against Humanity (extermination) in relation to the Suai Church
massacre.
To date,
9 of the 10 priority case indictments have been issued charging a
total of 137 accused persons with Crimes against Humanity. At present,
122
of those 137 accused in the 9 priority indictments remain in Indonesia.
The investigation
into the Maliana Police station killings is expected to
be completed by July 2003.
SCU and the Commission on Reception, Truth and Reconciliation (CAVR)
SCU continues
good working relations with the Commission on Reception,
Truth and Reconciliation (CAVR). The CAVR takes statements from deponents
for the purpose of determining whether those deponents are suitable
candidates for the Community Reconciliation process. These are passed
onto
SCU to be examined pursuant to the legislation creating CAVR.
SCU checks
the statements received from the CAVR against its database of
suspects who are believed to have participated in serious crimes in 1999.
Over 500 deponent statements have been received from the CAVR to date;
of
these the SCU has exercised its exclusive jurisdiction in 45 cases. As
part
of the training of East Timorese prosecutors, SCU has allocated the role
of
liaison between the CAVR and SCU to an East Timorese trainee prosecutor.
New East Timorese staff at SCU
2 new East
Timorese trainee prosecutors have recently began work at SCU
bringing the total of East Timorese trainee staff undergoing practical
training in the areas of prosecution, data-coding and information
technology to 12 staff members. The Training Programme is funded by the
Norwegian Government through UNDP.
Departure of the Deputy General Prosecutor for Serious Crimes
Ms. Siri
Frigaard left the Serious Crimes Unit on 30 April 2003 having
headed the Unit since January 2002. During the first weeks of her tenure,
the Deputy General Prosecutor for Serious Crimes oversaw the restructuring
of the entire organization of the Serious Crimes Unit teams improving
internal relations and increasing staff efficiency. In an initiative to
build trust between district communities and SCU investigators, several
SCU
offices were opened in the districts facilitating an improved flow of
information to investigators and enabling immediate response to SCU-related
matters.
Ms. Frigaard
has also given much attention to the need to train East
Timorese staff at SCU. Her foresight has led to initiatives to recruit
and
build the capacity of East Timorese staff in a range of areas from
prosecutorial skills and investigations to post-mortem examination
assistance and evidence custody.
With the
effective management of SCU under Ms. Frigaard, the Investigation
and Prosecution process has dramatically improved in terms of capacity,
output and efficiacy throughout her time at SCU. Most SCU staff would
agree
that the recent achievements of SCU would not have been possible without
the integrity and determination of Ms. Frigaard to complete her work with
her only consideration in decision-making being the pursuit of justice
for
the East Timorese people. The work of Ms. Frigaard at the SCU is highly
commendable for her successful accomplishment of a most difficult task.
Ms. Frigaard
will return to Norway to assume a further demanding task as
Deputy Head of the Norwegian National Criminal Investigation and
Intelligence Agency.
TRIALS AT THE SPECIAL PANEL FOR SERIOUS CRIMES
In 2000, UNTAET set up Special Panels of Judges at Dili District Court
to
hear cases of serious crimes from the 1999 period. The Special Panels
for
Serious Crimes consist of two International Judges and one East Timorese
Judge who hear cases of crimes against humanity and serious crimes from
the
1999 period when accused persons are present in the jurisdiction of East
Timor.
Since trials
began in 2001, there have been more than 30 convictions
including East Timorese TNI soldiers, East Timorese militia members and
an
East Timorese Falintil resistance fighter at the Special Panel for Serious
Crimes at Dili District Court.
In the Los
Palos trial, 10 Team Alfa militia members were convicted in
December 2001 for 13 murders, torture and the forcible transfer of civilian
population in Lautem district between April and September 1999. The
sentences ranged from four years to 33 years and four months. An eleventh
suspect, the former second-in-command of the Indonesian Kopassus Special
Forces in Lautem district, appeared on the indictment but is still at
large. Appeals have been filed by both the prosecution and the defence.
The
Appeal Court has yet to hear the case
In the Lolotoe
trial, on 5 April 2003, the Special Panel for Serious Crimes
sentenced former Kaer Metin Merah Putih (KMMP) militia commander to 12
years imprisonment. Jose Cardoso Fereira (alias Mouzinho) was found guilty
of crimes against humanity including murder and rape committed during
1999.
This is the first conviction of rape as a Crime against Humanity by the
Special Panel since trials began in East Timor.
The Lolotoe
trial began on 8 February 2002. The conviction of Cardoso
completes the trial of the three accused persons present in East Timor.
In
late 2002, two other accused persons pleaded guilty and received sentences
of 3 and 5 years imprisonment.
Ongoing Trials:
Abilio Mendes Correia (Liquica district): The trial began in March 2002.
The trial is expected to resume in 2003. The accused is charged with Crimes
Against Humanity on counts of murder, torture and inhumane acts.
Lino de
Carvalho (Batugade/ Bobonaro district): The trial commenced in
March 2002 and was subsequently postponed. The trial is scheduled to resume
in 2003. The accused is charged with Crimes Against Humanity including
one
count of murder.
On 12 May 2003, Dr Claudio de Jesus Ximenes was sworn in as President
of
the Court of Appeal in Timor Leste.