The Judicial System Monitoring Programme (JSMP) was set up in early 2001 in Dili, East Timor. Through court monitoring, the provision of legal analysis and thematic reports on the development of the judicial system, and outreach activities, JSMP aims to contribute to the ongoing evaluation and building of the justice system in East Timor. For more information, please email us at info@jsmp.minihub.org O Programa de Monitoramento do Sistema Judicial (JSMP) foi constituído no início de 2001 em Dili, Timor Leste. Através da monitorização do trabalho dos tribunais e da elaboração de análises legais e de relatórios temáticos sobre o desenvolvimento do sistema judicial, o JSMP espera poder contribuir para a avaliação contínua e para a construção do sistema de justiça em Timor Leste. Para informação adicional, email: info@jsmp.minihub.org Program Pemantauan Sistem Yudisial (JSMP) dibentuk pada awal tahun 2001 di Dili, Timor Leste. JSMP bertujuan untuk memberikan kontribusi terhadap kelangsungan pembangunan dan evaluasi sistem peradilan di Timor Leste melalui pemantauan pengadilan, penyediaan analisis hukum dan laporan-laporan tematis terhadap perkembangan system yudisial. Untuk informasi lebih lanjut, email: info@jsmp.minihub.org
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SPSC Case Information 2002
Please note that: The following information relates only to indictments that have been issued by the Special Panel for Serious Crimes of the Dili District Court. The accused listed below cannot be assumed guilty unless it has been decided by a court of law. While JSMP endeavours to ensure the accuracy of the information provided below, we cannot guarantee that the attached indictments and judgments are authoritative versions. All the cases are listed according to case number. If you need more information on any partucular case, please contact JSMP via: info@jsmp.minihub.org .
Last modified: 17 August, 2005
Name of Accused
Documents
Case Number, Case Summary, Other Information
Victor Manuel Alves

Indictment PDF (English)

Judgment PDF (English)

Judgment PDF (Tetum)

Court of Appeal Decision PDF (Portuguese)

Order for immediate release PDF (English)

Case Number: 1/2002

Summary of Case: Indictment filed 22/1/02. The accused was charged with one count of murder of a village chief on Atauro Island on 23/9/99. Convicted on 18/6/2004 of causing death by negligence under Art 359 Indonesian Penal Code and sentenced to one year imprisonment, suspended immediately. Sentence overturned by Court of Appeal on 26/4/2005, and sentenced to two years imprisonment.

On 20/5/05, soon after his return to custody following the decision of the Court of Appeal, Alves was granted immediate release by Presidential Decree.

Preliminary Hearing: listed for 22/5/02, then 31/5/02; took place on 07/02/03,
Trial dates:
Began 28 May 2004

CASE FINALISED

     

Dili Rally case

Eurico Guterres
Manuel Sousa
Joao Sera aka Joao Loumeza
Floriano Da Silva aka Floriana Dato Meta
Tome Diogo
Jose Mateus
Antonio Gomes
Antonio Bescau
Antoninho Martins
Teofilo da Silva Ribeiro
Abilio Lopez da Cruz
Jorge Viegas
Mateus Metan
Domingos Bondia
Fernando Sousa
Armindo Carrion

Original Indictment PDF (English)

 

Case Number: 2A/2002 (also given case number 21/ 2003)

Summary of Case: Indictment filed 18/2/02, involving charges of 5 counts of crimes against humanity. Eight of the accused were East Timorese members of the TNI. Eurico Guterres is alleged to have been the commander of the Aitarak militia and also the Deputy Commander of the Pasukan Pejuang Integrasi (PPI). The remainder are alleged to have been commanders or members of the Besi Merah Putih militia. The charges include persecution, 13 murders and inhumane acts, relating to several incidents on 17 April 1999 in Dili, including an attack by members of the TNI and Besi Merah Putih militia on the house of Manuel Carrascalao following a pro-autonomy rally. In addition, Eurico Guterres, Manuel Sousa, Joao Sera, and Floriano da Silva are charged with command responsibility.

ACCUSED AT LARGE

 

     
Marculino Soares

Amended Indictment PDF (English)

Judgment PDF (Portuguese)

Case Number: 2B/2002 (see also 21/2003)

Summary of Case: Originally indicted in 2/2002, case severed because Soares was the only defendant known to be in East Timor. Charged with command responsibility for Crimes Against Humanity of murder, inhumane acts and persecution. On 5/7/04 Soares was convicted of the Crimes Against Humanity of Murder and Other Inhumane Acts. He was sentenced to 15 years imprisonment.

Preliminary Hearing: 10/9/03
Trial dates:
10/5/04, 12/5/05, 14/6/04, 20/7/04 - 30/7/04, 27/9/04 - 29/9/04, 4/10/04 -18/10/04, 17/11/04

CASE FINALISED

     

Bernadino da Costa

(aka Mata Satu)

 

Indictment PDF (English)

Case Number: 3/2002

Summary of Case: Indictment filed 13/2/02. The accused is alleged to have been the Danrim (Sub-district Commander) of Tim Sasurut Ablai Militia in Same sub-district. He is charged with 9 counts of crimes against humanity, including 7 murders, imprisonment, deportation/forcible transfer of civilian population and persecution. The charges relate to incidents in several villages in Same sub-district between April and September 1999. The accused is charged with both individual and command responsibility. The indictment also refers to the role of Benjamin Sarmento (alleged to have been the Dandim or Deputy Commander) and Romeiro Tilman (alleged to have been the Danru or 3rd in Command) who have been indicted in Case No 18/2001 (see above - formerly Case No 4/2000).

ACCUSED AT LARGE

     

"X"

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
3 Dec 2002

JSMP Report:
Portuguese
Bahasa Indonesia
English

Case Number: 4/2002

Summary of Case: The Court ordered the name and any other information that could identify the individual in this case to be supressed because X is a minor. X was initially indicted on 17/5/02 for crimes against humanity in the form of extermination and attempted extermination in relation to violence in September 1999. The amended indictment of 23/10/02 charged X with the murder of three men under Art 338 of the Indonesian Penal Code. He pleaded guilty and was convicted on this charge on 2/12/02 and sentenced to one year imprisonment.

Preliminary Hearing: 6/09/02, 10/09/02, 13/09/02,
Trial Dates: 25/10/02, 28/10/02, 29/10/02, 8/11/02, 2/12/02

CASE FINALISED

     
Umbertus and Carlos Ena

Indictment PDF (English)

Decision on Application for Release PDF (English)

Decision on defence motion to call co-accused as a witness PDF (English)

Decision on motion to call authors of reports on human rights situation in East Timor PDF (English)

Decision on proseuction motion to admit further evidence PDF (English)

Judgment PDF (English)

Decision on Proseuctor's Request to Dismiss the Defendant's Notice of Appeal PDF (English)

Court of Appeal Decision - Umbertus Ena PDF (Portuguese)

Case Number: 5/2002

Summary of Case: Umbertus and Carlos Ena were alleged to have been members of the Sakunur militia which operated in Oecusse from April to October 1999. Both accused were indicted for crimes against humanity that allegedly occurred in an attack on Naetuna village, sub-district of Passabe, on or around the 9/11/99. They were charged with the murder of two villagers and the attempted murder (or in the alternative, inhumane acts intentionally causing great suffering or serious injury) of a third villager.

Carlos Ena was found not guilty by the Special Panel. Umbertus Ena was found guilty and sentenced to 11 years imprisonment. Umbertus Ena's appeal was dismissed on 18/3/05.

Preliminary Hearing: 14/2/03
Trial dates:
15/9/03, 16/9/03, 17/9/03, 8/10/03, 10/10/03, 27/10/03, 28/10/03, 20/11/03, 4/12/03, 9/2/04, 13/2/04, 13/2/04, 22/3/04

CASE FINALISED

     
Paulino De Jesus

Indictment PDF (English)

Judgment PDF (Portuguese)

Judgment - Unofficial Translation PDF (English)

Court of Appeal Decision PDF (Portuguese)

JSMP Comments:
19 Nov 2003 (E)
19 Nov 2003 (BI)
19 Nov 2003 (P)
JU 11/2004 (E)
JU 11/2004 (BI)

JSMP Report:
Portuguese
Bahasa Indonesia
English

Case Number: 6/2002

Summary of Case: The accused was a member of the TNI in the village of Lourba, Bobonaro. He was charged with one count of murder for the stabbing of Lucinda Saldanha and one count of attempted murder for the stabbing of Juvita Saldanha (the victim's mother). It is alleged that both acts accurred on 10 September 1999. Other TNI solders alleged to be involved in the attack were Pedro Mau and Sabino (last name unknown).

Paulino de Jesus was acquitted of all charges by the Special Panel on 26/1/04. On 4/11/04 the Court of Appeal overturned the acquittal and found de Jesus guilty of the Crimes Against Humanity of Murder and Attempted Murder. He was sentenced to 15 years imprisonment.

Preliminary Hearing: Preliminary hearing was listed for 23/9/02 and was postponed to 3/10/02 was postponed again to 10/10/02. Preliminary Hearing was held on 10/10/02.
Trial dates:
9/12/02, postponed 3/2/03, postponed 17/2/3, postponed 19/2/03. Trial began 5/8/03 and concluded 8/9/03.

CASE FINALISED

     

Bobonaro UNAMET case

Sutrisno aka Trisno
Asis Fontes
Joao Baptista aka Joao Gomblo
Vitalis Fernandes aka Vitalis Afonso
Marito LeloBere Moreira
Jose Soares aka Jose Besi Boro
Salvador Soares aka Salvador Leos
Marobo and Dodo*
Humberto Lopes
Martinho Afonso
Manuel [last name unknown]

*only accused in custody

Original Indictment PDF (English)

Original Indictment PDF (Bahasa Indonesia)

Case Number: 7/2002

Summary of Case: Indictment filed 24/6/02. The first 2 named accused are listed as being TNI intelligence officers. The other accused are alleged to have been members of the Dadurus Merah Putih militia, including the platoon commander. They are charged with 2 counts of crimes against humanity, including 2 murders and torture relating to the attack on 2/9/99 on 2 East Timorese UNAMET staff in Raifun village, Maliana Sub-district of Bobonaro district. Sutrisno and Fontes are also charged with command responsibility. Indictment has been severed. Prosecution only proceeded against Salvador Soares because other indictees are still at large. See below.

ACCUSED AT LARGE

 

     
Salvador Soares

Amended Indictment PDF (English)

Decision on the Application for the Release of the Accused PDF (English)

Judgment PDF (English)

 

 

Case Number: 7a/2002

Summary of Case: Indictment filed 24/6/02. Amended indictment filed on 12/9/02. Accused is charged with murder as a crime against humanity and torture as a crime against humanity. Salvador Soares was alleged to have been a member of the Dadurus Merah Putih militia. The charges relate to the murder and torture of two East Timorese UNAMET staff in Raifur village, Maliana Subdistrict of Bobonaro District. Soares was originally charged with nine others - see above.

On 9/12/2003 the Special Panel found Salvador Soares guilty of two counts of Crimes Against Humanity murder and not guity of one count of torture. He was sentenced to 10 years and 6 months imprisonment.

Preliminary Hearing: preliminary hearing for Bobonaro UNAMET case listed for 23/9/02. Hearing of Soares matter then postponed to 26/9/02, and subsequently postponed to 2/10/02.
Trial dates:
29/9/03 - 9/12/03

CASE FINALISED

     

Atabae case

Paulo Gonsalves
Marcelino Leto Bili Purificasao
Rosalino Pires

Indictment PDF (English)

Case Number: 8/2002

Summary of Case: Indictment filed 12/6/2002. The first accused is alleged to have been the Commander of Halilintar militia member and the second his deputy. The three men are charged with 13 counts of crimes against humanity that include multiple rapes and torture between April 1999 and late September 1999 that took place in Atabae sub-district, Bobonaro district. The offences include claims that several women, who themselves and their families were suspected to be pro-independence, were repeatedly targeted and subjected to sexual violence by the militia.

ACCUSED AT LARGE

     

Carlos Soares aka Carman

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
19 Nov 2003 (E)
19 Nov 2003 (BI)
19 Nov 2003 (P)
24 Nov 2003 (E)
24 Nov 2003 (BI)
24 Nov 2003 (P)

Case Number: 9/2002

Summary of Case: Indictment filed on 24 September 2002. The accused was alleged to have been a clandestine member of Falintil. He was charged with one count of murder under section 8 of UNTAET Regulation 2000/15 and article 340 of the Indonesian Penal Code. It was alleged that on 19 September 1999 he stabbed Graciano Mau Mario in Aitura, Ermera.

On 8/12/03 the Special Panel for Serious Crimes found Carlos Soares guilty of murder pursuant to the Indonesian Penal Code. The accused was sentenced to 4 years and 6 months in jail.

Preliminary Hearing:
Trial dates: Commenced 6/10/03

CASE FINALISED

     

Battalion 745

Maj. Jacob Djoko Sarosa
Lt. Camilo dos Santos

Indictment PDF (English)

Case Number: 10/ 2002

Summary of Case: Major Jacob Djoko Sarosa was the Battalion Commander and Lieutenant Camilo dos Santos was a platoon commander of Indonesian army (TNI) Battalion 745 in Los Palos sub-district, Lautem. They were indicted on 6/11/02 with 17 counts of murder, imprisonment and other inhumane acts. They are alleged to be responsible for various crimes as either individuals or otherwise as superiors responsible for the acts of subordinates. The charges relate to acts allegedly committed in September 1999 in Los Palos prior to the Battalion withdrawing, and acts allegedly committed when the Battalion withdrew to West Timor. One charge is for the murder of Dutch journalist Sander Thoenes. The accused are at large, believed to be in Indonesia.

ACCUSED AT LARGE

     
Vidal Doutel Sarmento
Filomeno Brito
Antonio Doutel Sarmento
Thomas dos Reis
Alexio Carvalho
Indictment PDF (English)

Case Number: 11/2002

Summary of Case: Indictment filed on 6 November 2002. The persons named are accused of 38 charges of murder, torture, inhumane acts, imprisonment, persecution, deportation, and attempted murder. The accused include former Manatuto Bupati Vidal Doutel Sarmento, who is alleged to be the founder and commander of the Manatuto-area Mahadomi militia, and alleged Mahadomi militia group commanders. All of the accused are at large, believed to be in Indonesia.

ACCUSED AT LARGE

     

Team Alpha/BRTT

Edmundo Da Conceicao Silva
Rahman Zulkarnean
Syaful Anwar
Tomas Da Costa
Inacio Oliveira
Joaquim Januario
Gilberto Fernandes
Anton Regu
Jose Da Costa
Lamberto Dos Santos
Martinho Da Costa
Jose Solari

Indictment PDF (English)

Indictment PDF (Bahasa Indonesia)


Case Number: 12/ 2002

Summary of Case: ´Tim Alfa, also known as 'Jati Merah Puti' ('Authentic Red and White') was the name given to an armed group founded in Lautem District in 1986 and trained by KOPASSUS officers. It was a locally recruited and trained armed militia group which is alleged to have been covertly funded and trained by KOPASSUS officers targeting civilians in the Los Palos area and Lautem District - particularly those considered to be pro-independence supporters.

The charges in this indictment relate to the alleged persecution and murder of Verissimo Dias Quintas, the traditional king of Los Palus (Liurai) and a prominent member of the CNRT (National Council of Timorese Resistance) in Lautem District following an attack on his home on 27 August 1999 during the popular consultation voting campaign.

The first Accused, Edmundo da Conceicao Silva, was the former Bupati (District Administrator) of Lautem District, Chairman of the BRTT (East Timor People´s Front) and an honorary member of KOPSASSUS (Special Forces of the Indonesian Armed Forces). He is alleged to have worked in conjuction with the second Accused, Rahman Zulkarnaen, the TNI Lieutenant commanding KOPASSUS forces stationed in Los Palos, in planning and directing these attacks.

Each of the twelve Accused are charged with individual criminal responsibility under UNTAET Regulation 2000/15, section 5.1 (a) with murder as a crime against humanity. They are also charged under UNTAET Regulation 2000/15, section 5.1 (h) with persecution as a crime against humanity. Edmundo da Conceicao Silva and Rahman Zulkarnaen are also charged with superior criminal responsibility (¨command responsibility¨) for the actions of their subordinates in carrying out these offences.

ACCUSED AT LARGE

     

Inacio de Oliveria

Gilberto Fernandes

Jose da Costa

Amended Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
14 Mar 2003

Case Number: 12a/2002

Summary of Case: Originally indicted in 12/2002, but trial severed because other accused remain out of jurisdiction. The accused were charged with two counts of Crimes Against Humanity, murder and persecution. The charge of murder relates to the killing of Verissimo Dias Quintas, the Liurai (traditional king) of Los Palos and one of the leader of the CNRT ( umbrella organisation for Timorese resistance) in August 1999. On 12/12/03 the accused were found guilty of violence against property or persons committed by a group of people united for a common purpose (Art 170 Indonesian Penal Code) but acquitted of all other charges and each sentenced to 18 months imprisonment.

Preliminary Hearing:
Trial:
Began 22/9/2003

CASE FINALISED

     

Laurentino Soares aka Moko

Boniface Bobo

Indictment PDF (English)

Case number: 13/2002

Summary of case: The indictment, issued on 4 December 2002, charges both accused with two counts of Crimes Against Humanity, murder and forcible transfer or deportation of a civilian population. The charge of murder relates to the killing of seven people in Oecusse in October 1999.

ACCUSED AT LARGE

Copyright: JSMP-DIli, Nov 2003