At 10.00am on 9 March 2004, Judges at the Special Panels for Serious Crimes convicted Abilio Mendes Correia of inhumane acts as a crime against humanity. The former Besi Merah Putih (BMP) militia member had pleaded guilty to inhumane acts against Mariano Da Costa in Liquica district on 9 August 1999. Taking into account his plea of guilt, the panel of three judges at the Special Panels for Serious Crimes sentenced Abilio Mendes Correia to 3 years imprisonment. The written judgment will be issued by the Special Panel on 29 March 2004.

On 2 March 2004, Abilio Mendes Correia pleaded guilty to one count of inhumane acts as a Crime against Humanity admitting to joint responsibility with other militia members for inhumane acts committed against independence supporter Mariano Da Costa in Liquica district on 9 August 1999. The original SCU indictment alleges that Mariano Da Costa was severely beaten and tortured by militia members before Indonesian military (TNI) Intelligence Officer Tome Diogo and BMP commander Zacharia Alves ordered
that the victim be taken to West Timor to be killed.

On 8 March 2004, Abilio Mendes Correia publicly expressed his regret for his actions before judges at the Special Panel for Serious Crimes. A plea agreement between the SCU Prosecution and the accused and his Defence Counsel was submitted to the Special Panels. Due to the defendant's admission of guilt to the charge of inhumane acts as a crime against humanity, the SCU Prosecution withdrew one count of murder as a crime against humanity for the murders of Tobias Alves Correia and Elias Ataidi on 27 April 1999 and one count of torture as a crime against humanity for the torture of Mariano Da Costa on 9 August 1999.

The SCU Prosecutor in the case, Mr Per Halsbog, explained that the SCU Prosecution decided to withdraw the charge of the murder of Tobias Alves Correia and Elias Ataidi based upon an evaluation of the available evidence to prove that charge. Abilio Mendez Correia was not a direct perpetrator but had been present with the perpetrators at the time of the murders. From the evidence available, it was not possible to prove any action on the part of the defendant at the time of the murders, and the SCU Prosecution
concluded it would be unlikely that the judges of the Special Panel could be convinced beyond a reasonable doubt that the mere presence of Corriera had contributed to the murder.

The original SCU indictment against Correia alleges that TNI Intelligence Officer Tome Diogo and TNI member Rozedine Brek ordered the arrest of three men including Tobias Alves Correia and Elias Ataidi by TNI soldiers and BMP militia members. The indictment alleged that two BMP militia members were ordered to kill Tobias Alves Correia and Elias Ataidi on 27 April 1999.

The withdrawal of the charges of murder and torture against Correia in the plea agreement does not in any way alter the charges against the 9 other persons who remain indicted in the Liquica indictment for these specific crimes in addition to other crimes committed across Liquica district between April and September 1999.

In the Liquica indictment issued on 22 November 2001, 9 individuals were specifically charged with individual and superior criminal responsibility for crimes against humanity in relation to the murder of Tobias Alves Correia and Elias Ataidi 27 April 1999 and the enforced disappearance and inhumane acts against Mariano Da Costa on 9 August 1999. The 9 accused persons include Liquica TNI Commander Lt. Colonel Asep Kuswani and the Liquica Police Chief Lt. Colonel Adios Salova, Liquica District Administrator Leoneto Martins and TNI intelligence officer Tome Diogo who are charged with these specific crimes.

The Liquica indictment charges a total 21 individuals with crimes against humanity including extermination and persecution for crimes committed across Liquica district between April and September 1999. The crimes include the attack on Liquica church compound by TNI soldiers, Police and BMP militia on the on 6 April 1999. Of the 21 accused in the Liquica indictment, 9 accused individuals were members of the Indonesian security including Lt. Colonel Asep Kuswani, Lt. Colonel Adios Salova and Liquica
Deputy TNI Commander Captain Purwanto. All of the accused persons in the Liquica indictment are believed to be resident in Indonesia and INTERPOL Arrest Warrants have been issued for the 21 accused persons.

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.

The Special Panels for Serious Crimes in Timor Leste are each comprised of two International Judges and one East Timorese Judge. Since trials began at the Special Panels in 2001, a total of 49 defendants have been convicted with 1 defendant acquitted of all charges. At present, 12 trials with a total of 30 defendants are currently proceeding or are scheduled to commence at the Special Panels for Serious Crimes in the coming months.

9 March 2004