SERIOUS CRIMES UNIT UPDATE VI/03
25 June 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 114 staff members including of 41 UN International
staff including prosecutors, case managers, investigators, forensic
specialists and translators as well as 18 UN Police investigators and
40 UN
national staff including translators and mortuary staff. In addition,
10
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 Bobonaro, Viqueque, Aileu, Oecussi and Covalima
SCU Indictment Information
Since the work of
SCU began, 62 indictments have been filed with the
Special Panel for Serious Crimes at Dili District Court. In the
indictments, there are charges filed against 264 indictees. (250 accused
persons as 14 individuals appear on more than one indictment)
At present, 170 of
those 250 (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, 3 Indonesian Chiefs of
Police, 29 East Timorese TNI Officers and soldiers, the former Governor
of
East Timor and 4 former District Administrators. All are charged with
Crimes against Humanity.
10 Priority Cases
In 2000, SCU initially
identified 10 Priority Cases of Crimes Against
Humanity. 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. Of the 15 accused in East Timor, 13 accused have been
convicted at the Special Panel for Serious Crimes. The investigation in
the
final Priority case, the Maliana Police station attack is expected to
be
completed by July 2003.
Additional Crimes against Humanity Cases
To date, 35 of the
62 indictments filed charge for Crimes against Humanity
including murder, rape, extermination, torture, persecution and deportation
against 236 indictees (222 accused persons). These indictments include
Crimes against Humanity cases such as the Atabae rape cases, the Maliana
UNAMET killings, the killing of the Liurai King of Los Palos, the Mahidi
militia indictment and an indictment filed on 9 April 2003 charging 5
East
Timorese TNI soldiers with rape, torture and deportation as Crimes against
Humanity.
SCU completed and
issued the National indictment on 24 February 2003. The
National indictment charges 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.
On 4 June 2003 two
indictments were filed with the Special Panel for
Serious Crimes at Dili District Court charging 1 Indonesian former Aitarak
militia company commander and 2 East Timorese former Aitarak militia
members with murder as a Crime against Humanity. The three accused are
charged with the murder of an active campaigner for independence, Guido
Alves Correia, at his home in Mascarinhas, Dili on 1 September 1999.
Two of the accused
men, Beny Ludji and Jose Pereira are currently in
detention in Timor Leste following their recent arrest in Timor Leste
and
are expected to stand trial before the Special Panel for Serious Crimes
in
the near future. The third accused, Jose Lopes da Cruz Mendonca, is
believed to be in the Republic of Indonesia. This is the first time that
an
Indonesian national present in Timor Leste has been charged for crimes
committed in 1999.
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 650 deponent statements have been received from the CAVR to date;
of
these the SCU has exercised its exclusive jurisdiction in 46 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.
Practical Training for SCU Forensic Assistants
At SCU, three East
Timorese forensic assistants work with international
forensic and crime scene specialists at the SCU forensic unit. They
provide invaluable assistance with exhumations and post-mortem examinations
for SCU investigations into cases from 1999 and ongoing National Police
investigations cases. The forensic assistants joined the forensic unit
with
backgrounds in nursing and medical training and two of the assistants
have
worked at the forensic unit for over two years.
In May 2003, the
three forensic assistants visited Northern Territory State
Police forensic laboratories in Darwin for a training visit. The training
was conducted by forensic specialists at the Police forensic laboratories
in order for the SCU forensic assistants to understand the process of
forensic analysis of physical evidence such as pieces of clothing,
ballistics (such as bullets and shell-cases) and documents as well as
other
samples.
Currently, samples
and exhibits recovered from human remains in East Timor
are sent to the Darwin laboratories for forensic analysis to assist in
the
determination of the cause and manner of death. The results of such
forensic tests conducted in Darwin are then used to assist in Police
investigations in Timor Leste. It is essential that the forensic assistants
fully understand the forensic process through such training initiatives
to
benefit future investigations into both past and future cases.
The forensic assistants
agree that the training was very informative to see
first-hand how the complete forensic process works in a fully-equipped
laboratory. All three believe that having forensic facilities and qualified
East Timorese forensic specialists is extremely important to the future
of
Timor Leste. One assistant was particularly impressed by the ballistic
tests conducted at the forensic laboratories to identify the type of weapon
possibly used in crimes. She believes that such forensic examinations
are
crucial in order to provide concrete evidence to support the prosecution
of
suspects in trials in Timor Leste.
At present, there
are no qualified East Timorese forensic anthropologists
or pathologists in Timor Leste. The specialized training in forensic
pathology can take more than 10 years. All three SCU forensic assistants
would like to qualify in these specialist areas to carry out forensic
work
for Government of Timor Leste in the future.
TRIALS AT THE SPECIAL PANELS 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 32 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 cases.
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 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.
Special Panel Conviction of Sakunar village militia commander
On 9 June 2003, a
Special Panel of Judges in Dili District Court convicted
Quelo Mauno (alias Agostinho Atolan) of one count of crimes against
humanity (murder). The former Sakunar militia village commander was
sentenced to 7 years imprisonment. At a preliminary hearing on 22 May
2003,
Mauno had pleaded guilty to the murder of Domingos Kolo in Nibin village
in
the Oecussi enclave of Timor Leste on 8 September 1999.
Conditional Release of BMP militia member from pre-trial detention
On 9 June 2003 the
Special Panel for Serious Crimes of the Dili District
Court ordered the release with conditions of Abilio Mendes Correia from
Liquica district. The former member of Liquica-based Besi Merah Putih
militia group had been in detention for more than two years following
the
postponement of his trial. The indictment charges the accused with Crimes
Against Humanity on three counts of murder, torture and the commission
of
inhumane acts in Liquica District between April and September 1999. Correia
is expected to stand trial in the coming months.
Future Trials at the Special Panels
On 30 June 2003,
the Same trial is scheduled to commence at the Special
Panels for Serious Crimes. Two commanders and two members of the Ablai
militia group from Same subdistrict of Manufahi district are accused of
Crimes against Humanity. In the prosecution indictment the four accused
are
charged with a total of 22 counts of Crimes against Humanity including
11
counts of murder for the alleged killing of 7 independence supporters
in
Same subdistrict between April and September 1999.
The trial of Paulino
de Jesus is scheduled to begin on 2 July 2003 before
the Special Panels of Judges at Dili District Court. The Prosecution
indictment charges the former East Timorese TNI (Indonesian military)
soldier with the murder of Lucinda Saldanha and the attempted murder of
Juvita Saldanha in Lourba village in Bobonaro district on 10 September
1999.
FOR MORE INFORMATION ABOUT SCU CONTACT: scu@un.org