Name
Of Accused |
Documents |
Case
Number, Case Summary, Other Information |
| Joao
Fernandes
(aka
João Atabe) |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal Decision PDF Majority (Portuguese) & Dissent (English)
Court
of Appeal Decision - Majority & Dissent PDF (English)
JSMP Comments:
21
June 2001
26
June 2001
2
July 2001
|
Case
number: 1/2000
Summary
of Case: Alleged member of the Dadarus Merah Putih militia.
Indicted on 15/11/00 with one charge of murder of a pro-independence
supporter in Maliana, Bobonaro district on 8/9/99. Accused pleaded
guilty during the preliminary hearing and the Special Panel proceeded
to judgment without trial. The Court accepted that the accused
had acted under orders from the TNI and militia commander. Convicted
on 25/1/01 and sentenced to 12 years imprisonment. Final appeal
dismissed by Court of Appeal on 29/6/01.
Preliminary Hearing: 10/1/01
Trial dates: 16/1/01, 18/1/01,
25/1/01
CASE FINALISED |
| |
|
|
| Julio
Fernandes |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal (Filing of appeal out of time) PDF (English)
Court
of Appeal Decision PDF - Majority (Portuguese) & Dissent (English)
Conditional
Release Decision PDF (English)
JSMP Comments:
21
June 2001
26 June 2001
29
Oct 2001 |
Case
Number: 2/2000
Summary of
Case: The only FALINTIL member
convicted by the Special Panel for Serious Crimes. Indicted on
16 /11/00 with one charge of murder of a suspected Darah Merah
Integrasi militia member in Gleno, Ermera district on 27/9/99.
The accused claimed he was forced to kill under threat of death
from villagers who had captured and beaten the victim. The defence
disputed the causal link between accused's acts and the death
of the victim, claiming the victim was already fatally injured.
The Court held that duress was not made out. Convicted on 1/3/01
and sentenced to 7 years imprisonment. Court of Appeal reduced
sentence to 5 years on 29/10/01.
Julio Fernandes
was granted conditional release on 9 September 2003.
Preliminary
Hearing: 10/1/01
Trial
dates: 6/2/01, 27/2/01,1/3/01
CASE FINALISED
|
| |
|
|
| Carlos
Soares Carmona |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal Decision PDF (Portuguese)
|
Case
Number: 3/2000
Summary of
Case: Alleged member of the Darah
Merah Integrasi militia. Indicted on 23/11/00 with one charge
of murder of a man accused of performing black magic and causing
the deaths of several children in Asulau village, Ermera district
on 28/5/99. The defence claimed this was "ordinary"
murder, not a serious crime. The accused claimed that he was drunk
and that he was forced to kill the victim by the father of one
of the deceased children. The Court deemed that the defendant's
membership of the militia was irrelevant. Convicted on 19/4/01,
sentenced to 11 years imprisonment. Court of Appeal reduced the
sentence to 8 years on 2 August 2001.
Preliminary
Hearing: 18/1/01, 30/1/01
Trial
dates: 13/2/01, 8/3/01, 19/4/01
CASE FINALISED |
| |
|
|
SAME case
Benjamin Sarmento
Romeiro Tilman
Joao Sarmento
Domingos Mendonca
|
Decision
to allow Prosecution to withdraw indictment and file new indictment
PDF (Portuguese) |
Case
Number: 4/2000
Prosecution
granted leave to withdraw indictment and file new indictment on
14 November 2001.
Became
Case Number 18/2001.
CASE
FINALISED |
| |
|
|
| Joseph
Leki |
Indictment
PDF (English)
Decision
to release from pre-trial detention PDF (English)
Judgment
PDF (English)
JSMP Comments:
29
May 2001
|
Case
Number:
5/2000
Summary
of Case: Alleged
member of the Laksaur militia. Indicted on 24/11/01 with two charges
of murder of pro-independence supporters in Tilomar and Muta Sikun,
Cova Lima district on 25 and 26/9/99. On 21/2/01 the Special Panel
conditionally released the accused from detention pending the
trial. At trial, the accused's claim that he acted under immediate
threat of death was supported by two prosecution witnesses. The
Special Panel held that although duress was proved, the accused
remained criminally responsible. Convicted on 11/6/01 and sentenced
to 13 years imprisonment.
Granted
reduction of sentence by one year by Presidential Decree on 20
May 2005.
Preliminary
Hearing: 18/1/01
Trial
dates: 18/5/01,
22/5/01, 29/5/01
CASE
FINALISED |
| |
|
|
SAME
case
Benjamin
Sarmento
Romeiro
Tilman
Joao Sarmento
Domingos
Mendonca |
Indictment
PDF (English)
Withdrawal
of Indictment PDF (Bahasa Indonesia) |
Case
Number:
6/2000
On 22 November
2001 this indictment was withdrawn and the case incorporated into
Case No 18/2001.
CASE FINALISED
|
| |
|
|
| Augostino
da Costa |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal Decision PDF (Majority – Portuguese, Dissent –
Bahasa Indonesia)
JSMP Comments:
16
July 2001
22
July 2003 (Eng)
22
July 2003 (BI)
|
Case
Number: 7/2000
Summary
of Case: Alleged
member of Tim Pancasila militia. Indicted on 30/11/00 with one
charge of murder of a UNAMET local staff member and FALINTIL supporter
in Atabe village, Ermera district on 31/8/99. Convicted
on 16/7/01 and sentenced to 15 years imprisonment. Final appeal
dismissed by Court of Appeal on 18 July 2003.
Granted reduction of sentence by one year by Presidential Decree
on 20 May 2005.
Preliminary
Hearing:
26/4/01,
10/5/01
Trial dates: 21/6/01, 28/6/01, 16/7/01, 11/10/01
CASE
FINALISED
|
| |
|
|
| Mateus
Tilman |
Indictment
PDF (English)
Judgment
PDF (English)
Conditional
Release Decision PDF (Tetum)
JSMP Comments:
14
June 2001
24
Apr 2003
|
Case
Number: 8/2000
Summary of Case:
Alleged member of the Ablai militia. Indicted on 30/11/00 with
charges of attempted murder, serious maltreatment and destruction
of property of pro-independence supporters in Hola-Rua village,
Same sub-district, Manufahi district on 2/9/99. At trial the accused
denied committing the crimes alleged. Convicted on 14/6/01 of
attempted murder and sentenced to 4 years imprisonment. Granted
conditional release on 22 March 2003.
Preliminary Hearing:
29/1/01
Trial dates: 29/5/01, 5/6/01, 14/6/01, 24/8/01
CASE FINALISED
|
| |
|
|
Los Palos Case
Joni Marques
Manuel Da Costa
Joao Da Costa aka Lemorai
Paolo Da Costa
Amelio Da Costa
Hilario Da Silva
Gonsalo dos Santos
Alarico Fernandes
Mautersa Monis
Gilberto Fernandes
|
Amended
Indictment PDF (English)
Judgment (Full
English Version) PDF
Part
1
Part
2
Part
3
Part
4
Part
5
Part
6
Judgment
(short English version) Word
Judgment
(short Bahasa Indonesia version) Word
Court
of Appeal Decision PDF (Portuguese)
JSMP Comments:
3
July 2001
10
July 2001
13
July 2001
24
Aug 2001
20
Sep 2001
8
Nov 2001
11
Dec 2001
1
July 2002
JSMP
Trial Report PDF (English)
JSMP
Trial Report PDF (Bahasa Indonesia) |
Case
Number: 9/2000
Summary of Case:
The accused were members or sympathisers of the Team Alpha Militia
groups operating in the Los Palos district. An amended indictment
was presented on 6/3/00 which included seven charges of crimes
against humanity that took place in Lautem district between 21/4/99
and 25/9/99, including torture, forcible transfer of population,
persecution, 4 individual murders and the murder of a group of
clergy. All the accused were convicted on 11/12/01 with
sentences ranging from 4 years to 33 years and 4 months imprisonment.
On 9 May 2005 the sentences
of Joni Marques, Joao da Costa and Paulo da Costa were reduced
by Presidential Decree to 25 years imprisonment.
The Defence filed a Notice of Appeal
but this was not heard until 16 March 2005, at which time the
Appeal was withdrawn.
Note: On 21/6/02
Alarico Fernandes was granted conditional release after serving
2/3 of his sentence.
Release
Decision PDF (Portuguese)
Note: On 28/02/03
Gilberto Fernandes was released after serving 2/3 of his sentence.
Release
Decision PDF (English)
On 13/03/03 Gilberto Fernandes was re-arrested for another alleged
crime in 1999 but was conditionally released. See JSMP Comments
11. In that case he was sentenced to one and a half years imprisonment
for violence against property (See Case No 12/2002).
Note: On 11/9/03 Mautersa Monis was granted conditional
release after serving 2/3 of his sentence.
Release
Decision PDF (English)
Preliminary Hearing:
6/3/01, 17/5/01
Trial dates: 9/7/01- 11/12/01
CASE FINALISED
|
| |
|
|
| Syaful
Anwar |
Indictment
PDF (English) |
Case
Number: 9/2000
see also 12a/ 2002
Summary of
Case:
Deputy
Commander of KOPASSUS based in Los Palos in 1999. Originally indicted
on 11/12/00 as part of the Los Palos case with 4 charges including
crimes against humanity that took place in Lautem district between
21/4/99 and 25/9/99, including torture and murder. Currently at
large, presumed to be in Indonesia. A warrant for his arrest has
been issued.
ACCUSED AT LARGE |
| |
|
|
| Manuel
Goncalves Leto Bere
(aka Manuel Leto Bere) |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal Decision PDF (Portguese)
|
Case
Number: 10/2000
Summary of
Case:
Alleged platoon Commander of the Dadurus
Merah Putih militia. Indicted on 11/12/00 with one charge of murder
of a FALINTIL supporter near Maliana on the border with West Timor
in late September 1999. The Special Panel accepted the accused's
claim at trial that he was ordered to kill the victim by TNI members
but rejected his claim that he acted under duress. Convicted
on 15/5/01 and sentenced to 14 years imprisonment. The Court of
Appeal upheld the decision at first instance on 16/ 10/ 03.
Preliminary Hearing: 6/2/01,
13/2/01,
14/2/01
Trial dates: 19/4/01,
20/4/01,
24/4/01,
15/5/01
CASE FINALISED |
| |
|
|
| Leonardus
Kasa |
Indictment
PDF (English)
Judgment
PDF (English)
Judgment
PDF (Bahasa Indonesia)
COA
Decision PDF (Portuguese)
JSMP Comments:
10
May 2001
|
Case
Number: 11/2000
Summary of
Case:
Alleged member of Laksaur militia. Indicted
on 12/12/00 with one charge of rape of a woman in West Timor on
10/9/99. At the preliminary hearing on 14/2/01 the defence claimed
the Special Panel lacked jurisdiction to hear the case as the
alleged rape occurred outside the territory of East Timor. On
15/5/00 the Special Panel declared that it had no jurisdiction
and removed all conditions imposed on the accused who had been
conditionally released from detention on 14/2/01. Appeal filed
by Prosecution on 11 October 2001 and withdrawn on 5 April 2004.
Preliminary Hearing: 14/2/01,
22/2/01,
6/3/01,
26/4/01
Trial dates: 9/5/01 (interim
judgment)
CASE FINALISED
|
| |
|
|
| Carlos
Soares |
Indictment
PDF (English)
Judgment
PDF (English)
Court
of Appeal Decision PDF (Tetum)
|
Case
Number: 12/2000
Summary of Case:
Alleged member of Darah Integrasi militia. Indicted on 12/12/00
with one charge of murder of a man in Lete Foho Village in early
September 1999. The panel accepted that he had been ordered to
shoot people who were hiding in the villages but did not find
that this constituted duress. Convicted on 15/5/01 and
sentenced to 15 years and six months imprisonment. Sentenced reduced
to 13 years imprisonment on appeal on 11/2/04.
Granted reduction of sentence
by one year by Presidential Decree on 20 May 2005.
Preliminary Hearing:
14/2/01
Trial dates: 24/4/01, 8/5/01, 11/5/01
CASE FINALISED
|
