JSMP Press Release
FOR IMMEDIATE RELEASE
29 September 2003
East Timor’s Court of Appeal orders release of Crimes Against Humanity Accused
On Wednesday last week (24 September 2003) East Timor’s Court of Appeal ordered the conditional release of Carlos Ena, accused of Crimes Against Humanity, from pre-trial detention. This is the first decision of the Court of Appeal to find that an order for continued detention of an accused by the Special Panel for Serious Crimes is not legal.
Carlos Ena has been in pre- trial detention for 17 months in Dili’s Becora prison. Carlos Ena was indicted and arrested with his brother Umbertus Ena on 6 May 2002. Carlos and Umbertus Ena are charged with two counts of Crimes Against Humanity which include charges relating to the murder of three people from Passabe sub-district in Oecussi during September 1999. The trial of Carlos and Umbertus Ena is currently be heard by the Special Panel for Serious Crimes. The trial is scheduled to continue to hear evidence from Prosecution witnesses on 8 October 2003.
Wednesday’s decision of the Court of Appeal held that the detention of Carlos Ena was not legal on the basis that it was not in accordance with UNTAET regulations regarding criminal procedure. It was held that the duration of the detention was not reasonable as the law stipulates that pre-trial detention should generally not exceed six months. Exceptions are provided where the case involves a charge with a sentence of greater than ten years but only if the case is complex and it is reasonable in the circumstances.
JSMP welcomes the decision of the Court of Appeal that a person cannot be detained without strong reasons and this must be in accordance with the law. “The Court of Appeal decision protects the rights of accused against indefinite and arbitrary detention which is prohibited by the Constitution of East Timor” – said JSMP
ENDS