PRESS RELEASE
BMP Militia Member Released From Pre-Trial Detention
12 June 2003
The Special Panel for Serious Crimes of the Dili District Court in East Timor on Tuesday ordered the release of an alleged former militia member from pre-trial detention pending the relisting of his case for trial hearing.
Abilio Mendez Correia, an alleged former member of the Besi Merah Putih (BMP) militia, has been in custody, charged with crimes against humanity, since his arrest twenty five months ago. His trial had been scheduled for hearing in 2002, but has been postponed on several occasions.
Following submissions from Correia's defence counsel, Judge Sylver Ntukamazina observed that according to international fair trial standards, a period of pre-trial detention exceeding two years cannot be justified except in very limited circumstances, such as the imminent opening of the trial. This was not the case in this instance, as the trial, earlier listed to commence on 9 June, has again been postponed.
Correia had himself provided a written assurance to the court that he will remain in the jurisdiction of East Timor and appear at trial when called upon to do so. The defence also filed statements from the Chefe de Suco (Village Chief) of Correia´s home village and a family member of one of Correia´s alleged victims declaring that the village was willing to accept his return to the village in accordance with customary law.
Taking each of these matters into account, Judge Ntukamazina ordered that Correia should be released from continued detention, and instead required Correia to continue to reside in his sub-village in Liquica District, report once a week to police, not contact prosecution witnesses, remain within Liquica District unless authorised by the Court and attend trial when required.
The prosecution indictment charges Correia with three counts of crimes against humanity relating to the alleged murder, torture and commission of inhumane acts upon civilian villagers in Loidahar Village, Liquica District between April and September 1999.
The case is presently awaiting notification of a new trial date by the Court.