JSMP
Comments on Jhoni Franca case
31/10/2002
On 29 October 2002, the Special Panel of the Dili District Court in East Timor sentenced an ex-commander of the pro-integration Kaer Metin Merah Putih (KMMP) to 5 years imprisonment on four counts of crimes against humanity, including one count of torture and four counts of imprisonment /severe deprivation of physical liberty.
Joao Franca Da Silva alias Jhoni Franca had originally been indicted on 7 counts of crimes against humanity, together with two other alleged former KMMP militia, in relation to events which occurred in the Lolotoe area of Bobonaro district in the months leading up to the popular consultation in 1999. However, after reaching an agreement with the prosecution, his case was severed from the larger Lolotoe case (4/2001), two of the counts against him were dropped, and he pleaded guilty to the remaining charges. In return for his guilty plea, the prosecution agreed to recommend to the Court a maximum jail term of 7 years, considerably below the maximum possible sentence of 25 years.
The plea did not proceed without hitch. After receiving a copy of the agreement between the prosecution and defence, the Court questioned Jhoni Franca, as it is required to do, about his plea in respect of the five charges facing him. He initially said that he accepted his responsibility and guilt in relation to three of the charges but not the remaining two. The Court was adjourned for a short period, Jhoni Franca talked with his defence counsel and then returned to tell the Court that he accepted responsibility for all the charges.
The Court accepted the plea.
Before sentencing Jhoni Franca the Court heard evidence from several witnesses, including his mother and two members of Parliament, that the accused had always been a valued member of his family and a vocal and active part of the struggle for independence. The witnesses and Jhoni himself testified that he had, however, been forced to become a member of the militia in order to save his own life.
As a result of ongoing delays in the hearing of the Lolotoe trial, Jhoni Franca has, in fact, already spent a considerable period of time in detention. He has been detained in Becora Prison since 15 February 2001. His sentence will be reduced accordingly. In the meantime Jhoni Franca is free to give evidence in the Lolotoe trial and it is understood that the prosection intends to call him as a witness.
The Court will publish its reasons for the decision on 15 November 2002.
Minimum jail sentence sought for militia leader
The Jakarta
Post
1 November 2002
Tertiani ZB Simanjuntak
Jakarta. State prosecutors demanded on Thursday a minimum ten-year jail sentence for Eurico Guterres, the former commander of a notorious East Timorese prointegration militia group, for gross human rights violations in East Timor in 1999.Prosecutor Muhamad Yusuf told the court the defendant was guilty of provoking his subordinates to attack the home of East Timorese pro-independence leader Manual V. Carrascalao in Dili.
"The defendant had the command responsibility. Unfortunately, he failed to perform his duty to prevent subordinates from committing crimes. He also provoked the attack ...," Yusuf told the court.
On April 17, 1999, the pro-Indonesia militia led by Guterres, attacked Carrascalao's home where dozens of pro-independence supporters had taken refuge. Twelve people were killed, including Carrascalao's son Manuelito. Guterres was then the commander of the Aitarak prointegration group and deputy commander of the Integration Fighters Legion (PPI).
The East Timorese is facing charges of crimes against humanity under the 1999 law on rights tribunals, a sentence which carries a minimum penalty of ten years jail and a maximum penalty of death.
During its sentence demand, the prosecution said a remorseless Guterres ignored information to avoid or to stop the attack that left a number of dead. In mitigation, Eurico, now a leading member of the youth wing of President Megawati's ruling PDI-Perjuangan political party, had cooperated with investigators, was still young, and he had also, during that delicate time, promoted many efforts to restore peace, Yusuf said.
"The defendant has also been punished by being exiled from East Timor." Presiding Judge Herman Heller Hutapea adjourned the hearing for one week to hear the defense plea. "The whole thing is just a conspiracy," Guterres was quoted by AFP as saying after the trial.
Last week Eurico said he had no regret for his actions in East Timor. "The charges are baseless because the parties responsible for security in East Timor were the military and police, not me," he said.
Eurico is
the first militia leader to stand trial in the Ad Hoc Human Rights court.
A total of 18 people have been or will be tried for alleged gross human
rights violations in East Timor in 1999.
Many human rights campaigners, however, have criticized the trial which they say has failed to incriminate top military leaders. In addition, the court found former East Timor police chief Gen. Timbul Silaen, former Suai regent Col. Herman Sedyono along with two of the district's military officers and police chief not guilty. The prosecutors had demanded sentences of more than ten years in jail for each of the accused.
Only former
governor Abilio Soares has been convicted. He was jailed for three years.