SERIOUS CRIMES UNIT: INFORMATION RELEASE
Hera Indictment Issued Charging 18 People Including two Indonesian TNI Officers, 4 East Timorese TNI Soldier and an Aitarak Company Commander With Crimes Against Humanity
The Acting
Deputy General Prosecutor for Serious Crimes filed a major
Crimes against Humanity indictment with the Special Panel for Serious
Crimes at Dili District Court in Timor Leste on 25 September 2003.
The Hera
indictment charges a total of 18 individuals with a total of 16
counts of Crimes against Humanity including murder, torture, deportation
and persecution committed in a campaign of violence against the civilian
population of Hera and Metinaro areas in Dili between April and September
1999.
The 18 accused
persons include 2 Indonesian military (TNI) officers namely
Lieutenant Agus Yuli ?the former TNI Rajawali Commander in Hera, Lieutenant
Untung ?the former TNI Military Commander of Metinaro subdistrict and
4
East Timorese TNI soldiers based in Hera and Metinaro. The Hera indictment
further charges Mateus de Carvalho -the former commander of Aitarak Company
D in Hera, Antonio Adolfo and Luis da Costa Oliveira ?both former Aitarak
militia section commanders in Metinaro subdistrict and 9 former Aitarak
militia members.
The Hera
indictment specifically charges Lt Agus Yuli with Crimes against
Humanity for the imprisonment and torture of two students Estevao Pereira
and Agustinho Carvalho by TNI soldiers at Hera Polytechnic on 20 May 1999.
It is alleged that the two students were later found dead in Akanunu,
near
Hera. Lt. Agus Yuli and two TNI soldiers are further charged for the murder
of Luis Dias Soares and the torture of two other men by TNI soldiers at
the
TNI Rajawali compound in Hera on 20 April 1999.
The Hera
indictment also charges Mateus de Carvalho ?the Aitarak Commander
in Hera for the abduction of Longuinos da Silva de Jesus on 1 May 1999.
It
is alleged that the victim was taken from the TNI Rajawali compound in
Hera
by de Carvalho and later found dead at a nearby beach. Mateus de Carvalho
and other Aitarak members are also charged with the torture and murder
of
Thomas Ximenes and Sebastiao Gusmao at the TNI Post in Akanunu on 8 May
1999. Mateus de Carvalho is further charged with other Aitarak militia
members for the torture and murder of Mantus de Araujo and Martinho Vidal
at the TNI post in Akanunu on 31 August 1999 the day after the popular
consultation.
The indictment charges Lt. Untung -the former TNI Military Commander in
Metinaro subdistrict and TNI soldier Jose Soares for the murder of Antonio
Saldanha Fernandes in Metinaro on 7 September 1999. Fernandes, who was
the
School Principal and a prominent independence supporter in Metinaro, was
allegedly shot dead by Soares at the Metinaro TNI Military Command
Headquarters. TNI soldiers including Antonio Pinto are also charged for
the
murder of Domingos Nu Nu Alves who was shot dead in Hera on 6 September
1999.
Lt. Untung
and two Aitarak Commanders in Metinaro are further charged with
Crimes against Humanity by persecution for the destruction of property
in
Metinaro following the popular consultation. The three accused are also
charged with the deportation of around 2000 villagers who were forced
at
gunpoint by TNI soldiers and Aitarak militia to Metinaro TNI Command
Headquarters from where they were allegedly deported to West Timor. It
is
alleged that Lt. Untung and Mateus De Carvalho had distributed automatic
weapons from Dili District TNI Command Headquarters to Aitarak militia
members in Metinaro in the days after the popular consultation in
preparation for the attack in Metinaro.
All of the
accused in the Hera indictment are believed to be at large in
the Republic of Indonesia. Arrest Warrants will be requested from Dili
District Court which when received will be forwarded to the Attorney
General of the Republic of Indonesia and to the Interpol organisation.
In February 2003, Marcelino Soares -the former TNI Village Commander in
Hera was charged with three counts of Crimes against Humanity: murder,
torture and persecution by unlawful detention for the beating of
independence supporters and the killing of Luis Dias Soares on 20 April
1999 in Hera as charged in the Hera Indictment. The trial of Marcelino
Soares commenced 10 September 2003 and continues at the Special Panel
for
Serious Crimes. Soares is the first former TNI soldier to stand trial
in
Timor Leste charged with Crimes against Humanity.
The Serious Crimes Unit has now filed 75 indictments at the Special Panels
for Serious Crimes charging a total of 333 persons. Of those indicted,
246
accused remain at large in the Republic of Indonesia. Until now, 35 accused
have been convicted in trials at the Special Panel for Serious Crimes
in
Timor Leste.
26 September 2003