PLEASE NOTE
The following information relates only to indictments issued in relation to the Ad Hoc Human Rights Court in Indonesia, and only for cases from East Timor. The accused listed below cannot be assumed guilty unless it has been decided by a court of law.
LAST UPDATED 3/10/02
Abilio Soares,
Former Governor of East Timor
Summary
of Case: Indicted
on 20 February 2002 with two cumulative charges of crimes against humanity:
(1) murder as a crime against humanity (Art.9(a));
(2) assault/persecution as a crime against humanity (Art.9(h)).
Abilio Soares
is specifically charged with civilian command responsibility for the failings
and actions of his subordinates, namely the two Bupatis Leonito Martens
in Liquisa and Herman Sedyono in Covalima, and Eurico Guterres as deputy
PPI commander, as well as for the actions of organisations or public groupings
such as Pamswakarsa. The indictment alleges that Abilio Soares is criminally
responsible for the acts of his subordinates in relation to
The attack on the Liquisa church on 6 April 1999;
The attack on Manuel Carrascalao's house in Dili on 17 April 1999;
The attack on Bishop Belo's house in Dili on 6 September 1999;
The Suai Church massacre on 6 September 1999.
Convicted on 14/8/02
and sentenced to 3 years' imprisonment.
More detailed case information (PDF)
Timbul Silaen,
Brigadier
General,
Former East Timor Police chief
Timbul Silaen judgment: English summary
Summary
of Case:
Indicted on 20 February 2002 with two cumulative charges of crimes against
humanity:
1. murder as a crime against humanity (Art.9(a));
2. assault/persecution as a crime against humanity (Art.9(h)).
Timbul Silaen
is alleged to be responsible for the actions of his subordinates in relation
to:
" The attack on Liquisa Church on 6 April 1999;
" The attack on Manuel Carrascalao's house in Dili on 17 April 1999;
" The attack on the UNAMET office in Liquisa on 4 September 1999;
" The attack on Dili Diocese on 5 September 1999;
" The attack on Bishop Belo's residence on 6 September 1999.
Case status: Aquitted
on 15/8/02
More detailed case information (PDF)
Suai Church
Herman
Sudyono
Lieutenant Colonel
Former Bupati of Covalima district
Lili
Kusardiyanto
Lieutenant
Colonel
Former commander
Suai District Military Command.
Ahmad
Syamsudin
Captain
Former chief-of-staff
Suai District Military Command
Sugito
Lieutenant
Former commander
Suai Military Sector Command
Colonel
Gatot Subiaktoro
Lieutenant
Former police chief of Suai
Suai judgment: English summary
Summary
of Case:
The accused were indicted on 20 February 2002 with crimes against humanity.
The indictment takes the form of subsidiary/alternative charging:
" Primary charge against all accused - Art.9(a) murder as a crime
against humanity using Art.42(1) (Military Command Responsibility).
" Subsidary charge against all accused - Art. 9(a) murder as a crime
against humanity using Art.41 (attempting, plotting or assisting the perpetration
of crimes within the jurisdiction).
" Further subsidiary charge for Herman Sedyono - Art. 9(a) murder
as a crime against humanity using Art.42(2) (Civilian Command Responsibility).
" Further subsidiary charge for Liliek Kushadianto - Art.9(a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Gatot Subiyaktoro - Art. (a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Achmad Syamsudin - Art.9(a) murder
as a crime against humanity using Art.42(1) (Military Command Responsibility).
" Further subsidiary charge for Sugito - Art.9(a) murder as a crime
against humanity using Art.42(1) (Military Command Responsibility).
This
case concerns the massacre at the Ave Maria Church in Suai on 6 September
1999. 27 people are alleged to have been killed, of which 17 were men
including 3 priests and 10 were women. In general, each of the accused
is said to be criminally responsible for the acts of those subordinates
under his effective control because he did not exercise correct and lawful
control over his subordinates, he knew or deliberately ignored information
that clearly showed that his subordinates were committing or had just
committed crimes that were part of a widespread and systematic attack
directed at the civilian population and he failed to take any or the necessary
steps to prevent or stop the acts or surrender the perpetrators to the
legitimate authorities for investigation, prosecution and punishment.
Case status: All
accused were aquitted on 15/8/02
Liquisa Church
Asep
Kuswandi
Lt.
Col
Former Liquica
military commander
Adios
Salova
Lt.
Col
Former police chief Liquica
Leoneto
Martins
Former Bupati Liquica
Summary
of Case:
The accused
were indicted on 31 May 2002 with 2 counts of crimes against humanity.
The indictment takes the form of subsidiary/alternative charging:
1. Murder as a crime against humanity
" Primary
charge against all accused - Art.9(a) murder as a crime against humanity
using Art.42 (by not limiting it to the subsections, the allegation can
encompass Military Command Responsibility and Civilian/Police Command
Responsibility).
" Subsidiary charge against Asep Kuswani - Art. 9(a) murder as a
crime against humanity using Art.42 (1) (Military Command Responsibility).
" Subsidiary charge for Adios Salova - Art. 9(a) murder as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
" Subsidiary charge for Leoneto Martins - Art.9(a) murder as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
2. Assault as a crime against humanity
" Primary
charge against all accused - Art.9(h) assault as a crime against humanity
using Art.42(1) (Military Command Responsibility).
" Subsidiary charge against Asep Kuswani - Art. 9(h) assault as a
crime against humanity using Art.42 (1) (Military Command Responsibility).
" Subsidiary charge for Adios Salova - Art. 9(h) assault as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
" Subsidiary charge for Leoneto Martins - Art.9(a) assault as a crime
against humanity using Art.42(2) (Civilian/Police Command Responsibility).
This case concerns the massacre at the church in Liquisa on 6 April 1999.
Each of the accused is said to be criminally responsible for the acts of those subordinates under his effective control because he did not exercise correct and lawful control over his subordinates, he knew or deliberately ignored information that clearly showed that his subordinates were committing or had just committed crimes that were part of a widespread and systematic attack directed at the civilian population and he failed to take any or the necessary steps to prevent or stop the acts or surrender the perpetrators to the legitimate authorities for investigation, prosecution and punishment.
Trial: The case is ongoing
Endar
Priyanto
Lt.
Col
Former Dili police commander
Indicted on 24 June 2002. No additional information yet available.
Soedjarwo
Lt.
Col
Former Dili military commander
Summary of Case: Soedjarwo as Dandim 1627 Dili, was indicted on 31 May 2002. The indictment was publicly read on 25 June 2002. There are two charges:
1. Primary
charge of murder as a crime against humanity in violation of Art.9(a)
using Art.42(1) Military Command Responsibility.
2. Secondary charge of assault as a crime against humanity in violation
of Art.9(h) using Art.42(1) Military Command Responsibility.
This case is to do with the attacks on the Diocese of Dili and the home of Bishop Belo.
a. Murder as a Crime against Humanity: The accused as a military commander should have controlled TNI troops who took part in gross violations of human rights that is the attack on the Diocese of Dili and the residence of Bishop Belo, but failed to do so. After the incidents, the accused as a military commander should have surrendered the TNI who took part in gross violations of human rights that is the attack on the Diocese of Dili and the residence of Bishop Belo resulting in loss of life and injury but failed to do so.
b. Assault
as a Crime against Humanity: The accused should have anticipated there
would be disturbance and rioting among the East Timorese in Dili who had
differences of opinion on integration with the people and nation of Republic
Indonesia, even before the announcement of the result of the Referendum.The
accused did not take maximal steps to direct his forces to restore the
situation at the Diocese of Dili with the result that several people died
and others were wounded, both heavy and serious.
Trial: The case is ongoing
More detailed case information (PDF)
Former Aitarak commander and
former deputy commander PPI