28 February 2003
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| SERIOUS CRIMES UNIT INFORMATION RELEASE |
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3 MAJOR INDICTMENTS FILED WITH CRIMES AGAINST HUMANITY CHARGES
FOR THE FORMER EAST TIMOR POLICE CHIEF AND MILITIA COMMANDERS
INCLUDING EURICO GUTERRES, EGIDIO MANEK AND CANCIO LOPES DE CARVALHO
The Deputy General Prosecutor for Serious Crimes filed 8 indictments with
the Special Panel for Serious Crimes at Dili District Court in East Timor
on 28 February 2003.
The indictments include 3 major Crimes Against Humanity indictments which
cover incidents which occurred in Dili, Covalima and Ainaro districts
between January and December 1999. The accused include Brigadier General
Timbul Silaen -the former Chief of Police for East Timor, Eurico Gueterres
-Commander of Aitarak militia, Egidio Manek -Deputy commander of Laksaur
militia and Cancio Lopes de Carvalho ?Commander of Mahidi militia who
are
all charged with Crimes Against Humanity.
The Indictment for the Attacks on Bishop Belo's Residence and the Dili
Diocese.
The single indictment charges 8 individuals with counts of Crimes Against
Humanity including murder, enforced disappearance, inhumane acts and
deportation. The accused include Brigadier General Timbul Silaen-the former
Chief of Police for East Timor Eurico Gueterres -Commander of Aitarak
militia and 2 TNI soldiers.
The indictment alleges that on 5 September 1999 TNI soldiers and militia
attacked the civilians seeking refuge at the Dili Diocese with the active
assistance of Police Officers. The attack resulted in the death or
disappearance of at least 15 civilians. It is alleged that the remains
of
10 persons discovered in a burnt truck on the outskirts of Dili in October
1999 include victims of the Dili Diocese attack.
The indictment further alleges that on 6 September 1999 TNI soldiers,
Police officers and militia attacked the residence of Bishop Belo, the
Canossian Sisters Convent and the Red Cross Compound in Dili. Many
civilians were seriously injured in the attacks resulting in the death
of
at least two people and the destruction of the three compounds. Over 5,000
refugees seeking shelter inside Bishop Belo's residence were forcibly
evacuated and deported from East Timor by TNI soldiers, Police officers
and
militia.
The indictment charges Brigadier General Timbul Silaen-the former Chief
of
Police for East Timor, Eurico Gueterres -Commander of Aitarak militia
and
other militia members for the deportation and forcible transfer of members
of the civilian population from Dili into West Timor between 5 and 9
September 1999. It is alleged that over 25,000 people were deported from
Dili alone during this period as part of a widespread or systematic attack
against the civilian population.
All of the accused in this indictment are believed to be in the Republic
of
Indonesia. Arrest Warrants will be requested from the Dili District Court
which when received will be forwarded to the Attorney General of the
Repubic of Indonesia. The arrest warrrants will also be forwarded to
Interpol as Timor Leste joined the Interpol organisation in 2002.
The Covalima Indictment
The single indictment charges 14 Laksaur militia members including Egidio
Manek, the Deputy Commander of the Laksaur militia based in Covalima
District and four subdistrict Laksaur Militia Commanders with Crimes
against Humanity.
The indictment charges the accused persons with 51 counts of crimes against
humanity including extermination, murder, enforced disappearance, rape,
torture, inhumane acts, deportation and persecution committed against
the
civilian population of Covalima district between 27 January 1999 and 15
December 1999.
The charges in the indictment include the Suai Church massacre which
occurred on 6 September 1999. Between January 1999 and September 1999,
hundreds of civilians had sought refuge at the Ave Maria Church in Suai
in
fear of the campaign of terror and violence by TNI soldiers, Police and
militia. On 6 September 1999, TNI soldiers, Police officers and militia
attacked unarmed civilians inside the Church compound killing many people
including 3 priests, namely Father Hilario Mendonca, Father Dewanto and
Father Franciso, women and children. The dead bodies of the victims were
taken to West Timor where they were disposed off by TNI soldiers, Police
officers and militia. In November 1999, bodies of 31 victims of the attack,
including the three Priests, were recovered from West Timor and returned
to East Timor.
The indictment also charges Egidio Manek, the Laksaur Militia Deputy
Commander and Laksaur Subdistrict Commanders Maternus Bere, Pedro Teles,
Hendrikus Mali and Cosmas Amaral and their subordinates for the widespread
or systematic attacks the people of Covalima. This includes the killing
of
14 independence supporters in Laktos village in Covalima, the murder and
enforced disappearance of 52 civilians committed between 12 April 1999
and
17 October 1999 and the torture and inhumane acts committed against 49
civilians between 27 January and 30 October 1999. The victims were all
independence supporters.
The indictments also charges the accused persons for the deportation
of
thousands of civilians from Covalima district to West Timor in the Republic
of Indonesia following the announcement of the results of the popular
consultation on 4 September 1999.
All of the accused in this indictment are believed to be in the Republic
of
Indonesia. Arrest Warrants will be requested from Dili District Court
which
when received will be forwarded to the Attorney General of the Repubic
of
Indonesia. The arrest warrrants will also be forwarded to Interpol as
Timor
Leste joined the Interpol organisation in 2002.
The Mahidi Militia indictment
The Mahidi militia indictment charges a total of 22 Mahidi milita members
including Cancio Lopes de Carvalho, the Commander of the Mahidi miltia
based in the District of Ainaro with Crimes against Humanity. The charges
include counts of murder, enforced disappearance, torture, persecution
and
deportation for crimes committed in the Districts of Ainaro and Covalima
in
East Timor between January and September 1999.
The indictment specifically charges Cancio Lopes de Carvalho, Remisio
Lopes
de Carvalho, Orlando Baptista and their subordinates with Crimes against
Humanity for the murders of 11 civilians and the forced deportation of
villagers from Maununo, Ainaro district to West Timor, on 23 September
1999.
As part of the widespread or systematic attack against the people of
the
Districts of Ainaro and Covalima, the indictment also charges Cancio Lopes
de Carvalho and his subordinates with murders committed in Manutassi on
3
January 1999, the murders of independence supporters on 25 January 1999
and
the murder and persecution of university students in Covalima district
on
13 April 1999. The indictment also includes Crimes Against Humanity charges
against Mahidi Company Commander Vasco da Cruz, for the murders and torture
of perceived independence supporters committed at his house in the Covalima
District, in March and April of 1999.
All of the accused in this indictment are believed to be in the Republic
of
Indonesia. Arrest Warrants have been requested from the Dili District
Court
which when received will be forwarded to the Attorney General of the
Repubic of Indonesia. The arrest warrrants will also be forwarded to
Interpol as Timor Leste joined the Interpol organisation in 2002.
Two Covalima indictments
In addition to the major Covalima indictment, the Deputy General Prosecutor
for Serious Crimes filed two separate indictments charging two Laksaur
militia members with Crimes against Humanity. In the first indictment,
the
accused is charged with the murder of an independence supporter in Suai
Subdistrict on 5 September 1999. In the second indictment, the accused
is
charged with murder for the killing of four independence supporters on
or
about 23 April 1999 in Tilomar Subdistrict. The accused is further charged
with Crimes against Humanity -extermination for his participation in the
massacre at the Suai church on 6 September 1999.
Two Hera indictments (Dili)
In addition, two indictments were filed by the Deputy General Prosecutor
for Serious Crimes on 28 February 2003. The indictments charge 3
individuals with respect to crimes committed in Hera village, outside
Dili
during 1999. One of the indictments charges the East Timorese TNI village
level commander with Crimes Against Humanity including the murder, torture
and unlawful imprisonment of independence supporters in Hera on 20 April
1999.
Oecussi Crimes Against Humanity indictments (February 2003)
In addition, on 28 February 2003, the Deputy General Prosecutor for Serious
Crimes filed an indictment charging a Sakunar militia member with Crimes
against Humanity Murder for the killing of Yosef Maknaun committed on
or
about 9 September 1999 near the border of Oecussi district and West Timor.
Two further Crimes against Humanity indictments also covering crimes
committed in Oecussi District were previously filed by Deputy General
Prosecutor for Serious Crimes on 17 February 2003 at Dili District
court. The first indictment charged one village militia commander with
Crimes Against Humanity for one count of murder in Passabe
subdistrict on 8 September 1999. The second indictment charges 8 Sakunar
militia members with Crimes Against Humanity for two counts of murder
and
torture allegedly committed in Netensuan village on 16 September 1999.