JSMP News

SERIOUS CRIMES UNIT INFORMATION RELEASE

10 December 2003

SCU: INVESTIGATION AND PROSECUTION

TWO SPECIAL PANEL TRIALS CONCLUDE WITH THE CONVICTIONS OF A LAKSAUR
MILITIAMAN AND AN EAST TIMORESE TNI SERGEANT FOR CRIMES AGAINST HUMANITY IN TIMOR LESTE

On 10 December 2003, Judges at the Special Panels for Serious Crimes convicted a former Laksaur militia member and a former East Timorese Indonesian military (TNI) Sergeant of Crimes against Humanity in the
conclusion of two separate trials. Former Laksaur militia member Damicao da Costa Nunes was found guilty of two murders and persecution as Crimes against Humanity in Covalima district in August and September 1999 and
sentenced to 10 years and 6 months imprisonment. The same three-Judge Special Panel later sentenced former TNI Sergeant Marcelino Soares to 11 years for Crimes against Humanity of murder, torture and persecution in the
Hera area of Dili district in April 1999. This is the first case at the Special Panels of a TNI member being been convicted of Crimes against Humanity since trials began in Timor Leste.

At 10.00am, the Special Panel of 2 International Judges and an East Timorese Judge convicted Damiao da Costa Nunes of two counts of murder as a Crime against Humanity and one count of persecution as a Crime against
Humanity. The former Laksaur militia member from Covalima district was found guilty of one count of murder for his role in the stabbing of independence supporter Jaime Da Costa Nunes in Mota Ulun Village in
Covalima District on 27 August 1999. Nunes was further found guilty of murder for the stabbing of Jose Dos Reis in the chest on 7 September 1999. Nunes was also found guilty of persecution as a Crime against Humanity for
the abduction and disappearance of Albino Nahak (aka Albino De Niri) in Suai sub-district on 6 September 1999 who was later found dead. The Special Panel of Judges sentenced Nunes to 10 years and 6 months imprisonment with time deducted for the time he has spent in detention.

One member of the Special Panel joined the majority in the verdict but dissented as to the specific sentence imposed for the direct killing of Jose dos Reis. Judge Siegfried Blunk cited the Kambanda Judgment at the
International Criminal Tribunal for Rwanda as precedent for imposing sentences of sufficient length to dissuade potential future perpetrators of atrocities "by showing them that the international community was not ready
to tolerate the serious violations of international humanitarian law and human rights". Judge Blunk added that in Timor Leste there is an additional need for deterrence of "thousands of recalcitrant ex-militia men with the
capability of once again destabilizing the country [Timor Leste] by mean of murder" across a "hard to guard border" concluding that "sentencing an accused who has committed murder as a Crime against Humanity by his own
hands to only 8 years imprisonment fails to meet requirements" for such deterrence.

At 10.30am, the same Special Panel of Judges convicted Marcelino Soares of three counts of murder, torture and persecution by unlawful detention as Crimes against Humanity. The former TNI Head Sergeant in the Hera area of
Dili district was found guilty of murder as a Crime against Humanity for the killing of Luis Dias Soares who was beaten to death by TNI members at the TNI post in Hera town on 20 April 1999. Soares was also found guilty of
torture as a Crime against Humanity for the beating and torture of Luis Dias Soares and 2 other independence supporters at the TNI post in Hera on 20 April 1999. Soares was further found guilty of persecution for the
illegal detention of the three men with one held captive for four days at the TNI post where he was severely beaten by TNI soldiers before being released on 24 April 1999. The Special Panel of Judges sentenced Soares to
11 years imprisonment with time deducted for the time he has spent in detention

The crimes committed on 20 April 1999 at the Hera TNI Post are also charged in the Hera Indictment issued by SCU which charges 18 individuals with Crimes against Humanity including murder, torture, deportation and
persecution committed in the Hera and Metinaro areas in Dili between April and September 1999. The accused persons include 2 Indonesian military (TNI) commanders in Hera and Metinaro subdistrict and 4 East Timorese TNI
soldiers as well as militia commanders. All of the 18 accused in the Hera indictment are believed to be at large in the Republic of Indonesia.

SCU Prosecutor in the case, Mr. Per Halsbog commented that the conviction of Marcelino Soares will help victims, their families and communities reconcile with their losses in the knowledge that some measure of justice
has been achieved. Mr. Halsbog added that the decision is an important milestone in pursuit of justice as Marcelino Soares is the first TNI member to be convicted of Crimes against Humanity at the Special Panels for
Serious Crimes since trials began in Timor Leste. .

The conviction of Marcelino Soares brings the number of TNI soldiers who have been convicted at the Special Panels to 3 including the conviction of an East Timorese TNI Sergeant for murder in Balibo subdistrict on 7
September 1999 and the conviction of an East Timorese TNI soldier member for the rape of a woman in Dili on 12 September 1999.

In a recent verdict delivered at the Special Panels on 8 December 2003, an East Timorese TNI soldier from Bobonaro district was acquitted of chargesof murder and attempted murder as Crimes against Humanity in Lourba village in September 1999.

The trial of East Timorese TNI Corporal Rusdin Maubere, who served at Liquica District Military Command Office in 1999, is scheduled to commence at the Special Panels in early 2004. Maubere is currently in detention in
Timor Leste charged with torture and enforced disappearance as Crimes against Humanity in Liquica District in April 1999.

Since trials began at the Special Panels for Serious Crimes in Timor Leste, 43 defendants have now been convicted with 1 acquittal. To date, the Serious Crimes Unit has indicted a total of 369 persons with 281 of those
accused presently outside the jurisdiction of Timor Leste including 37 Indonesian TNI Military Commanders and Officers, 4 Indonesian Chiefs of Police and 60 East Timorese TNI members.

FOR MORE INFORMATION ABOUT SCU CONTACT scu@un.org