Damaio da Costa Nunes

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
JU 9/2004 (Eng)
JU 9/2004 (BI)

Case Number: 1/2003

Summary of Case: The accused was alleged to have been a member of the Laksaur militia that operated throughout Covalima District in 1999. The indictment, filed on 21/1/03, charged the accused with three counts of murder occuring in Suai in August and September 1999. On 10 December 2003 the accused was found guilty of Crimes Against Humanity - murder and persecution and was sentenced to a total of 8 years imprisonment.

Preliminary Hearing: 29/5/03
Trial dates: 14/7/03 Adjourned by decision in Chambers on application of Defence. Defence not ready as case recently reassigned. Re-listed for 22/9/03. Adjourned again until 29/10/03, 30/10/03, 10/11/03, 11/11/03, 8/12/03.

CASE FINALISED

The Cailaco Case

TNI

Burhanuddin Siagian
Sutrisno
Assis Fontes
Mahalan Agus Salim
Tito Lete Bere
Yeohanis Loe Dasi
Guilherme Atusuri
Haerola [LNU]
Manuel Mau Bau
Silvano Siga Mau
Manuel Mali Lete
Gustavo Soares
Alindo Bere Dasi
Agostino Lopes
Manuel Lopes

Militia

Joao da Silva Tavares
Jorge Tavares
Paulo Gonsalves
Francisco Viegas Bili Ato
Feliciano Mau Bere
Jose Apalagi
Alcanzo Pereira
Carlito Gama
Adao Salsinha Babo
Flaviano Dasi Lelo
Aprecio Miguel
Justinho Borges
Arnold Soares [aka Jaime]
Rui Bere Loe
Agustinho Bili Tae
Joao Coli
Manuel Maia

Indictment PDF (English)

Indictment PDF (Portuguese)

Indictment PDF (Bahasa Indonesia)

Case Number: 2/2003

Summary of Case: Summary of Case: Known as the Cailaco case, it comprises 16 counts of crimes against humanity against a total of 32 Accused. The Accused were each either members of TNI Kodim 1636, other TNI units and various militia groups (Guntur, Halilintar, FPDK and DMP) operating in and around Cailaco Sub-District, Bobonaro District near the West Timor border. The charges relate to incidents carried out in March and April 1999 by the TNI and militia groups targeting suspected pro-independence supporters. They include multiple counts of murder, torture, persecution, imprisonment or deprivation of liberty, forced relocation and destruction of property.

The Accused include the former TNI Commander (Dandim) of Kodim 1636, Burhanuddin Siagian, Lt Sutrisno, Kodim Head of Intelligence, Joao da Silva Tavares, Head of the Integration Fighting Forces in East Timor, Jorge Tavares, Head of the FPDK Bobonaro District, Paulo Gonsalves, Halilintar militia Commander, Bobonaro District, Adao Salsinha Babo, Guntur militia Commander, Cailaco Sub-District and a number of lesser TNI and militia members. A number of them are charged under the principle of 'Command Responsibilty' for acts perpetrated by others. Each of the Accused are believed to be living in West Timor or elsewhere in the Republic of Indonesia.

ACCUSED AT LARGE

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
22 May 2003
9 June 2003

Case Number: 3/2003

Summary of Case: Quelo Mauno (otherwise known as Agostinho Atolan) was a former commander of the Sakunar Militia in Passable sub-district, in the East Timorse enclave of Oecussi between April - October 1999.

The indictment, which was filed with the court on 17/2/02, charged Mauno with responsibility for the murder of Domingos Kolo, a resident of Nibin village, Oesilino Sub-district, on or about 8 September 1999. The murder is alleged to have occurred during an attack upon Kolo´s village by the Sakunar militia following the East Timorese vote for independence in the Popular Consultation of 30 August, 1999.

The prosecution alleged that during the attack, Domingos Kolo was captured by the militia, placed under arrest, and then allegedly forced to accompany the militia members to the village of Passabe. During the course of this journey, Quelo Mauno and his militia group are alleged to have repeatedly kicked Mr Kelo, before dragging him into a betel nut plantation where they stabbed him to death with a bolo (large knife). His body was later found abandoned in the betel nut plantation by his brother.

The prosecution alleged that the murder constituted an offence which was committed as part of a widespread or systematic attack against a civilian population, and with knowledge of the attack - and is therefore a crime against humanity pursuant to Section 5.1(a) UNTAET Regulation 2000/15. The accused pleaded guilty to the charge and was convicted on 28/5/03 and sentenced to 7 years imprisonment.

Preliminary Hearing: 22/05/03
Trial dates: 28/5/03

CASE FINALISED

Original Indictment PDF (English)

Amended Indictment PDF (English)

Judgment - Augustinho Cloe et al PDF (English)

Judgment - Domingos Metan (4c/2003) PDF (English)

Judgment - Lino Beno (4b/2003) PDF (English)

Judgment - Anton Lelan Sufa (4a/2003) PDF (English)

JSMP Comments:
JU 12/2004 (BI)
JU 12/2004 (Eng)

Case Number: 4/4a/4b/4c/2003

Summary of case: The indictment, filed 15 February 2003, charged Anton Lelan Sufa, Agostinho Cloe, Agostino Cab, Lazarus Fuli, Lino Beno, Anton Lelan Simao, Domingos Metan and Lazarus Tael with Crimes Against Humanity: murder and torture. The accused occupied various positions of power in the Sakunar militia in Oecussi during 1999. The prosecution alleged that on or about 16 September 1999 the accused attacked the village of Ntensuan with the object of intimidating, beating and killing those who had voted for autonomy. Anton Beto, Leonardo Anin and Francisco Beto were all beaten at length and tortured, and then killed. The accused were all charged as being individually criminally responsible for their acts.

On 27/10/04 Agostinho Cloe, Aghostinho Cab, Lazarus Fuli and Antonio Lelan pleaded guilty to charges against them and were sentenced to terms of imprisonment of 4 years imprisonment (Cloe) and 5 years imprisonment (Cab, Fuli and Lelan).

On 27/10/04 Domingos Metan pleaded guilty to one charge of the Crime Against Humanity of murder. His trial was severed and renumbered 4c/2003. The Prosecution withdrew the charge of the Crime Against Humanity of other inhumane acts and he was sentenced to 5 years imprisonment on 27/10/04.

On 27/10/04 Lino Beno pleaded guilty to one charge of the Crime Against Humanity of other inhumane acts. Beno's trial was severed (renumbered 4b/2003) so that he could be tried on the remaining count, Crime Against Humanity murder. After his co-accused, who had already pleaded guilty, gave evidence for the prosecution Beno also pleaded guilty to the Crime Against Humanity murder charge. He was sentenced to 5 years imprisonment.

On 8/11/04 Anton Lelan Sufa pleaded guilty to two counts of Crime Against Humanity murder and one of other inhumane acts. He was sentenced to 7 years imprisonment.

Preliminary Hearing: 18/9/03, 24/10/03
Trial dates: 22/9/04, 25/10/04, 27/10/04, 29/10/04, 3/11/04, 4/11/04, 8/11/04

CASE FINALISED

Indictment PDF (English)

Indictment PDF (Portuguese)

Indictment PDF (Bahasa Indonesia)

Decision on the Motion of the Deputy General Prosecutor for a Hearing on the Application for An Arrest Warrant in the Case of Wiranto PDF (English)

Legal Ruling Concerning the Applicability of Ne Bis In Idem at the Arrest Warrant Stage of Proceedings PDF (English)

Decision on the Motion of the Prosecutor General to Review and Amend the Indictment PDF (English)

Arrest Warrant PDF (English)

JSMP Comments:
22 June 2004 (Eng)
22 June 2004 (BI)
22 June 2004 (Port)

Case Number: 5/2003

Summary of Case: The indictment against General Wiranto, former Indonesian Minister of Defence and Security and Commander of the Armed Forces of Indonesia (ABRI / TNI), other senior TNI leadership figures and the former Governor of East Timor, Abilio Soares, was filed by the Deputy General Prosecutor for Serious Crimes on 22/02/03.

The eight Accused are collectively charged with five counts of Crimes Against Humanity, namely murder, persecution, and deportation or forcible transfer of the civilian population stemming from the criminal acts and omissions perpetrated by TNI and militia groups throughout East Timor in 1999. Wiranto and Mohammad Muis (former Commander of military forces in East Timor) are charged with Crimes Against Humanity under the principle of ¨Command Responsibility¨ which renders them liable for the actions of their subordinates, whereas five other Accused (Makarim, Syahnakri, Damiri, Suratman, Sudrajat) are charged with both individual criminal responsibility and command responsibility for the actions or omissions of their subordinates respectively. Abilio Soares, the former Governor of East Timor is charged with individual criminal responsibility in light of his active participation in the establishment of violent militia groups.

All of the accused persons are currently at large and believed to be living in Indonesia.

ACCUSED AT LARGE

Indictment PDF (Portuguese)

Indictment PDF (Bahasa Indonesia)

Case Number: 6/2003

Summary of Case:The Mahidi militia case comprises 27 counts of crimes against humanity against a total of 22 Accused. The Accused were each members of the Mahidi (Mati Hidup Demi Integrasi) militia which operated in the Districts of Aileu, Ainaro and the Eastern part of the District of Covalima. The charges relate to incidents including the attack at Fatuk Maria, Sub-District of Manutassi in January 1999, the attack on the sub-village of Galitas on 25 January 1999, attacks on students from the National University of East Timor in the Suai Sub-District in April 1999 and the torture and murder of civilians at the Mahidi militia post throughout April of that year. The charges include multiple counts of murder, enforced disappearance, persecution, torture, imprisonment or deprivation of liberty, other inhumane acts and the forced deportation of civilians to West Timor.

The Accused include Cancio Lopes de Carvalho, who is alleged to have been the overall commander of the Mahidi militia group, Remesio Lopes de Carvalho, alleged to be the group's intelligence officer and Vasco da Cruz, commander in Zumalai sub-district. Each of the Accused are believed to be presently living in West Timor or elsewhere in the Republic of Indonesia.

ACCUSED AT LARGE

Joanico Gusmão

Indictment PDF (English)

Interlocutory Court of Appeal Decision PDF (Majority - Portuguese, Dissent - Bahasa Indonesia)

Judgment PDF (Tetum)

Judgment PDF (English and Tetum)

JSMP Comments:
22 July 2003 (Eng)
22 July 2003 (BI)

Case Number: 7/2003

Summary of Case:The Accused is a former member of the Laksaur militia operating in Covalima District near the border with Indonesian West Timor.

The indictment, filed with the court on 28 February 2003, charged Gusmao with responsibility for the murder of Felix Mali, the leader of Korenti Mate Fatin (a clandestine group providing support to Falintil independence fighters) in Suai Sub-district, Covalima District.

The prosecution alleged that on 5 September 1999, members of the Laksaur militia, including the Accused, attacked Sukaer Laran Sub-village, with rifles and swords. They were alleged to have set fire to several houses, and then proceeded to Felix Mali's house, which the Accused was said to have forcibly entered. The Accused was then said to have killed Felix Mali, who suffered from a physical disability rendering him unable to walk, by stabbing him in the back with a sword. The remaining villagers were then said to have been forcibly taken to West Timor by truck.

The prosecution alleged that the murder of Felix Mali was committed as part of a widespread or systematic attack against a civilian population, and with knowledge of the attack. They therefore charged the Accused with individual responsibility for murder as a crimes against humanity pursuant to Section 5.1(a) UNTAET Regulation 2000/15.

On 27/1/04 Gusmão pleaded guilty to the charge of Crime Against Humanity of murder and was sentenced to 7 years imprisonment.

Preliminary Hearing:
Trial dates: 27/1/04

CASE FINALISED

Miguel da Silva aka Miguel Mau

Indictment PDF (English)

Decision on request for extension of detention PDF (Bahasa Indonesia)

Pre trial detention decision from Court of Appeal PDF (Portuguese)

Judgment PDF (Bahasa Indonesia)

Judgment PDF (English & Bahasa Indonesia)

JSMP Comments:
24 Feb 2004

Case Number: 8/2003

Summary of Case: Member of the Laksaur militia which was founded in April 1999 and alleged to be responsible for a number of widespread and systematic attacks against the civilian population in Covalima District. Da Silva is charged with 4 counts of crimes against humanity, including two counts of murder, one of persecution and one of extermination. The fourth count of the indictment relates to the murder of three priests and the extermination of an unknown number of civilians during an attack on the Ave Maria Church at Suai ("the Suai Church Massacre") on 6 September 1999.

On 17/11/03 Miguel Mau pleaded guilty to the Crimes Against Humanity of two counts of murder, one count of persecution and one count of enforced disappearance. He was sentenced to 9 years imprisonment.

Preliminary Hearing: 7/5/03
Trial dates: 17/11/03

CASE FINALISED

Egidio Manek
Maternus Bere
Pedro Teles
Henrikus Mali
Cosmas Amaral
Alipio Gusmao Aka Alipio Mau
Baltazar da Costa Nunes
Dominggos Mali Aka Bete Aloi
Illidio Gusmão
Joaquim Aka Berek Bot
Alivio Tato Bau
Gabriek Nahak
Amerco Mali
Zito da Silva Aka Zito Saek

Indictment PDF (English)

Case Number: 9/2003

Summary of Case: The Laksaur militia case charges 51 counts of crimes against humanity against a total of 11 Accused. The Accused were each members of the Laksaur militia which operated in Covalima District and around Suai near the border with Indonesian West Timor. The Supreme Commander of the Laksaur militia, Olivio Mendonca Moruk (now deceased) and his brother, Egidio Manek are alleged to have exercised effective command and control over other Laksaur militia commanders ("Danki") and to have directed operations against the civilian population in Covalima District in partnership with TNI elements.

The charges include multiple counts of murder, enforced disappearance, persecution, torture, rape, other inhumane acts directed against the civilian population of Covalima District, and the summary execution of many persons suspected to be supporters of the East Timorese independence movement. They also include the forced deportation of civilians to West Timor. Notably, the crimes alleged against the accused include participation by the Laksaur militia in the Suai Church Massacre of 6 September 1999 which resulted in the death of 3 priests and an estimated 27 - 200 civilians and the forcible abduction by Egidio Manek of a woman who he announced would be his wife. This woman, together with other survivors of the Suai Church Massacre and a large part of the female population of Covalima District were then forcibly deported to West Timor - with many women being subjected to repeated interrogations, persecution and rape at the hands of their abductors.

Each of the Accused, including Egidio Manek and Maternus Bere, Commander of the Laksaur militia in Suai remain at large and are believed to be living in Indonesian West Timor.

ACCUSED AT LARGE

Indictment PDF (English)

Defence Motion to Exclude Report on Human Rights Violations During 1999 in Oecussie District PDF (English)

Response to Defence Motion to Exclude Reports PDF (English)

Defence Motion for Further Discovery PDF (English)

Response to Defence Motion for Further Discovery PDF (English)

Defence Reply PDF (English)

Defence Motion to Exclude the Minutes of Detention Review Hearing held on 25 November 2002 PDF (English)

Response to Defence Motion to Exclude Minutes of Detention Review Hearing PDF (English)

Defence Reply to Prosecutor's Response PDF (English)

Defence Motion for further investigation PDF (English)

Interlocutory Decision on Defence Motions PDF (English)

Judgment PDF (English)

Case Number: 10/2003

Summary of case: The indictment was issued on 28 February 2003 and charged the accused with Crimes Against Humanity murder. It was alleged that the victim was hacked to death by both the accused and Liberatus Mauno (in which regard see indictment 19/2003) on 9 September 1999 in Oecussi District near the border with West Timor. The accused was a member of the Sakunar militia which was then operating in the Oecussi District. He was given conditional release from pre-trial detention on 21 January 2003.

On 16/11/04 Mateus Lau was convicted of the Crime Against Humanity of murder and was sentenced to 8 years imprisonment. This was upheld by the Court of Appeal on 12/4/05.

CASE FINALISED

Marcelino Soares

Indictment PDF (English)

Judgment PDF (English)

Court of Appeal Decision PDF (Portuguese)

JSMP Comments:
15 Sep 2003

Case Number: 11/2003

Summary of Case: The Accused is a former Babinsa, or village level Commander of the Indonesian Armed Forces (TNI) in Hera village, Metinaro Sub-District, Dili. He was indicted on three counts of crimes against humanity (murder, torture and persecution by unlawful detention) arising from the arrest and torture of several members og the East Timorese pro-independence group, ESTAFET, by East Timorese and Indonesian TNI soldiers, and the subsequent murder of Luis Dias Soares on or about 20 April 1999.

As Babinsa, the Accused was alleged to have had direct command and control over the Timorese TNI soldiers stationed in Hera, and whom in conjunction with their Indonesian counterparts carried out the arrests, touture, and murder of Luis Soares. He was indicted, both individually and on the basis of Superior Criminal responsibility ("command responsibility") for the actions of his subordinates on the charges of torture and persecution by unlawful detention. He was also indicted on the basis of command responsibility for the further count of the beating murder of Luis Soares.

On 11 December 2003 the Special Panel for Serious Crimes convicted the accused of the Crimes Against Humanity of murder, torture and persecution and sentenced him to a total of 11 years imprisonment. This was affirmed by the Court of Appeal on 17/2/05.

Preliminary Hearing: 24/6/03
Trial dates: Began 7/8/03

CASE FINALISED

Domingos Amati
Francisco Matos

Indictment PDF (English)

Decision to Dismiss Indictment for Failure to Establish a Prima Facie case PDF (English)

Interlocutory Court of Appeal Decision PDF (Portuguese)

Decision on the Defendant's Motion on Defects in the Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
16 July 2003
JU 10/2005 (Port)
JU 10/2005 (BI)
JU 10/2005 (Eng)

Case Number: 12/2003

Summary of Case:The Accused are former members of the Aitarak militia operating in Hera sub-district, Dili. They were jointly accused of the murder of Antonio Pinto Soares, a fellow Aitarak militia member (and also said to be a clandestine supporter of the pro-independence movement) by having repeatedly having stabbed him with machetes. They were charged with murder in violation of Section 8 of UNTAET regulations 2000/15 and Article 340 of the Indonesian Penal Code.

On 11 July 2003 the Special Panel for Serious Crimes dismissed the indictment and ordered the release of the accused. This decision was overturned by the Court of Appeal on 9/12/03.

On 28/2/05 the Special Panel for Serious Crimes convicted the accused of murder in violation of s 8 of UNTAET Regulation 2000/15 read with s 338 of the Indonesian Penal Code. Both of the accused were sentenced to 7 years imprisonment.

The accused have appealed their convictions.

The Court of Appeal subsequently reduced the sentences of both accused from 7 to 6 years imprisonment.

Preliminary Hearing:
Trial dates: Began 17/11/04

Eurico Guterres
Mateus de Carvalho
Timbul Silaen (Police Comd.)
Adolfo Viera Liao
Agus Suwarno (TNI)
Antonio Ximenes Brito
Marcelino [LNU]
Caetano da Silva

Indictment PDF (English)

Indictment PDF (Portuguese)

Indictment PDF (Bahasa Indonesia)

Case Number: 13/2003

Summary of Case: Indictment filed 11.3.03. This case concerns the indictments against Eurico Guterres, Commander of the Aitarak militia, Timbul Silaen, Chief of Police in East Timor and other elements of the Aitarak militia leadership and TNI in East Timor. It comprises 9 counts of crimes against humanity against the 8 Accused.

The Aitarak militia was the lead militia group operating in Dili between April and September 1999, and in collaboration with Indonesian TNI (military) and POLRI (police) units, the Aitarak militia conducted a well-orchestrated campaign of of violence against the civilian population in Dili, suspected supporters of FALINTIL (Armed Forces for the Liberation of East Timor), and others suspected of being sympathetic towards the independence cause. The indictment charges multiple counts of murder, summary execution, enforced disappearance, destruction of property, abductions and other inhumane acts against the Accused, including the forced deportation of much of the civilian population in Dili. Notable incidents involving the Aitarak militia, TNI and POLRES forces include the attacks on civilian refugees at the Dili Diocese on 5 September and the home of Bishop Belo, the Canossian Convent and Red Cross compound on 6 September 1999, together with the forcible deportation of some 25 000 people to Indonesian West Timor.

Several of the Accused, such as Eurico Guterres and Timbul Silaen, are charged with both personal responsibility for these offences and also superior criminal responsibility for the criminal acts or omissions of their subordinates. Each are still at large and believed to be living in West Timor or elsewhere in the Republic of Indonesia.

ACCUSED AT LARGE

Second Covalima Case

Col. Herman Sedyono
Lt.Col. Achmad Mas Agus (TNI)
Lt. Col. Lilik Koeshardianto (TNI)
Lt. Col. Gatot Subiaktoro (POLRI)
Capt. Achmad syamsuddin (TNI)
Lt. Sugito (TNI)
Lt. Widodo (TNI)
Lt. ARI aka Commandante Ari (TNI)
Sgt.Maj. Harum Tateny (TNI)
Sgt. Maj. Supoyo (TNI)
Simao Nahak (TNI)
Raul Halek (TNI)
Americo Seran (TNI)
Julio Borges (TNI)
Leonito Cardoso (TNI)
Anito Lau (TNI)

Case Number: 14/2003

Summary of Case: Indictment filed 2/4/03. The Second Covalima Indictment comprises 27 counts of Crimes Against Humanity against a total of 16 accused, most of whom held senior positions within various security organizations of the district of Colvalima and its sub- districts between 1 January 1999 and 25 October 1999. The Accused are each former or serving TNI (Tentara National Indonesia) personnels with the exception of Lt Col Gatot Subiaktoro, a Polri (Indonesian Police Force) officer. The first named accused, Col. Hernam Sedyono, was the Bupati (District Administrator) of Covalima during the events described in the indictment.
The charges relate to incidents against individuals and groups throughout the Colvalima district. Incidents include murder, attempted murder, torture and persecution against people in villages including Umah Merah, Casabauk, Nikirr, Leogore, Kiar and the sub-districts of Tilomar, Fatukmetan, Fohorem, Fatululik. Various attacks against people hiding in the forests in Covalima district are also documented. The forced deportation of the sub- village of Sukaer and Suai town are part of the indictment. The indictment also covers the Suai Church Massacre on 6 September 1999 in which between 27- 200 people were murdered in an attack by the Laksaur militia, TNI, Polri and Brimob (Brigade Mobile- part of TNI). The Laktos Masacre, in which 14 people in Rai Ulun were killed when they tried to resist forced removal to West Timor by the Laksaur Militia, TNI and Milsas (organization within the TNI), is also included in the indictment.
The charges include multiple counts of Crimes Against Humanity: murder, attempted murder, extermination, torture, enforced disappearance, persecution including abduction and forced deportation of civilians to West Timor.
All the accused are believed to be presently living in the Republic of Indonesia.

ACCUSED AT LARGE

Erminghindo L Soares
Albino Da Cruz
Yohannes Loe Dasi
Frederico Pires
Agustinho Manu Bere

Case Number: 15/2003

Summary of Case: Indictment filed 9/4/03. The indictment charges the accused with 7 counts of Crimes Against Humanity constituted by acts of torture, rape and deportation perpetrated on numerous villagers in the Cailaco Sub-District of Bobonaro District during the period of April 1999 to September 1999. The accused were members of the Indonesian Armed Forces at all material times. Of the 5 victims 4 were allegedly subsequently forcibly deported to West Timor where, in some cases, the acts of rape and torture continued.

ACCUSED AT LARGE

Indictment PDF (English)

First interlocutory decision from Court of Appeal PDF
(Bahasa Indonesia)
(English)

Second interlocutory decision from Court of Appeal PDF
(Bahasa Indonesia)
(English)

Third interlocutory decision from Court of Appeal (Portuguese)

Judgment PDF (Portuguese)

Case Number: 16/2003

Summary of Case: Indictment filed 4/6/03. This case charged one count of crimes against humanity, being murder, by two accused. The first accused, Beny Ludji, was allegedly the Company Commander of the Aitarik militia in the Caicoli region (Company A) which comprised Aitarik members from Caicoli and Mascarinhas. The indictment alleged Beni Ludji threatened to kill anyone that supported independence and in particular, that he threatened Guido Alves Correia, a member of CNRT and an active campaigner for independence.

It was further alleged that on 1 September 1999, an Aitarik patrol, under the command and control on Beny Ludji, surrounded and attacked the house of Guido Alves Correia. While attempting to escape, Guido Alves Correia was hit in the back with a spear. After being hit Guido Alves Correia continued to flee, but was chased by other militia members, including the second accused. The militia members are then said to have hacked the victim to death and later reported the death to Beny Ludji. Ludji is said to have ordered the victim's body be brought to his house, and together with other militia, then buried the body outside Dili. The second defendant was said to have taken the spear used in the attack and arranged for it to be buried in the garden of his father's house.

The case is noteworthy because it is is the first case in which an Indonesian national, present in Timor Leste, has been charged with crimes against humanity, arising from the events of 1999. All other Indonesian nationals indicted by the Serious Crimes Unit are believed to be still at large in West Timor, or elsewhere in the Republic of Indonesia. Refer also to the related case of Jose Lopez Da Cruz Mendonza: case number 12/2003.

The name of the second defendant has not been published on this site because the Court held that he was a minor at the time of committing the offence.

On 3 May 2004 the accused pleaded guilty to the Crime Against Humanity of Murder and were sentenced to 8 years and 2 years and six months imprisonment respectively.

Preliminary Hearing: 24/11/2003
Trial dates: 12/2/2004, 16/2/2004 - 19/2/2004, 23/3/2004, 26/4/2004, 3/5/2004

CASE FINALISED

Indictment PDF (English)

Case Number: 17/2003

Summary of Case: Indictment filed4/6/03. This case charges one count of crimes against humanity, being murder. The crime is alleged to have been committed by Jose Lopez Da Cruz Mendoza, who was a member of the Aitarak militia from Mascarinhas. The Aitarak militia operated throughout the Dili district between April 1999 and September 1999. The victim, Guido Alves Correia, was targeted by the militia because he was an active campaigner for independence and a member of the CNRT. The indictment accuses Jose Mendoza with responsibility for the murder of Guido Correia, on the night of 1 September 1999, by throwing a spear at him and hitting him in the back. The indictment asserts that the victim ran after being hit by the spear but was chased and hacked to death by members of the militia using machetes.

The Aitarak militia Company A (Caicoli and Mascarinhas region) was under the control and command of Beny Ludji (Refer to the related indictment against Beny Ludji and another). The accused remains at large and is believed to be living in the Republic of Indonesia.

ACCUSED AT LARGE

Maliana Indictment

TNI
Lt.Col. Burhanuddin Siagian
Lt.Col bambang G. sypriyanto
Lt.Sutrisno a.k.aa Trisno
Lt.M.Yusuf
Rizal (SGI)
Sgt. Domingos Dos Santos
Sgt. Julio Lopes
Sgt. Mau Buti
Sgt. Manuel Lopes
Sgt. Frederico M. pires
Sgt. Jose Bere Laka
Sgt. Alvaro Mali
Sgt. Francisco Fernades
Sgt. Miguel Soares
Sgt. Jose Simão
Cpl. Rui Bere Tai
Cpl. Romeu da silva
PNS. Domingos dos Santos de carvalho

POLRI
Sgt. (Pol) Clementino dos Santos de Carvalho

CIVILIAN ADMINISTRATION
Guilherme dos Santos

MILITIA
João da Silva Tavares
Jorge Tavares
Natalino Monteiro Goncalves
Marcos Tato Mali
Ruben Tavares
Ruben Monteiro Goncalves
Antonio de Jesus
Inacio de Concencão
João (LNU) a.k.a. Laho
Luis Cardoso
Armando Soares
João Coli
Alferedo Asa Mau
Francisco Bere Masak
Francisco ( LNU) a.k.a Nando
Jacinto (LNU)
João Baptista
João Kometa
Jose Soares
Luis Mali Dato
Marito Moreira
Mateus Moniz
Leonito Martins
Manuel Cancil
Rui Kele
Elias Perreira
Afonso Davidson
Leonito Moniz
Mau Xesta
Bernardino (LNU)
Zernias (LNU)
Zepriano (LNU)
João dos Santos Moniz
Aprecio Mali Dao
Daniel ( LNU)
Baptista de Sousa

Indictment PDF (Bahasa)

Amended Indictment PDF (English)

Case Number: 18/2003

Summary of Case: Indictment filed 10/7/2003 charges the accused with the Crimes Against Humanity of murder, attempted murder, torture and persecution. Those indicted include the Head of the District Administration (Bupati) of Bobonaro District, Guilherme dos Santos, the TNI District Military Commanders for the region (DANDIM), Lt Col Burhanuddin Siagian and Lt Col Bambang Suprianto, the District Police Commander (KAPOLRES), Maj Budi Susilo, the Head of the FPDK for Bobonaro District, Jorge Tavares and the Officer in Charge of Intelligence of KODIM 1636, Lt Sutrisno, and the Officer in Charge of KODIM 1636's operations, Lt M Yusuf.

They are charged with crimes committed in the Maliana area from April - September 1999, including an attack on the UNAMET compound in June 1999, attacks on pre-independence students in August 1999, the planning and carrying out of massacre of independence supporters in the Maliana POLRES compound in September 1999, and the massacre of survivors in Mulau, also in September 1999.

On 15/6/2004 the case against Aprecio Mali Dao was severed from the indictment and renumbered 18a/2003 (see below).

The remaining accused are at large, presumed to be in Indonesia.

ACCUSED AT LARGE

Decision on application for initial detention PDF (English)

Court of Appeal Decision to release from pre-trial detention PDF (Portuguese)

Severed indictment - Aprecio Guterres aka Mau Buti (18a/2003)PDF (English)

Motion to withdraw the indictment without prejudice PDF (English)

Decision on motion to withdraw the indicment against Aprecio Guterres without prejudice PDF (English)

Judgment PDF (English)

JSMP Comments:
JU 5/2005 (Port)
JU 5/2005 (BI)
JU 5/2005 (Eng)
JU 12/2004(BI)
JU 12/2004 (Eng)

Case Number: 18a/2003

Summary of Case: Severed from case 18/2003 (see above), the accused was charged with the Crime Against Humanity of murder of survivors of the Maliana POLRES compound massacre in Mulau in September 1999.

On 4 November 2004 the Prosecution sought to withdraw the indictment against the accused without prejudice, but this motion was not allowed by the Court. Leave to appeal was not granted so the case proceeded to trial.

On 14/2/2005 Aprecio Guterres was acquitted of the charge against him.

Preliminary Hearing:
Trial dates: 28/1/2005

CASE FINALISED

Case Number: 19/2003

Summary of Case: Indictment filed 10/7/03.The accused were both charged with Crimes Against Humanity: murder. The charges arose out of incidents which allegedly took place in Oesilo and Passabe Sub-Districts of Oecussi District between 8 September 1999 and 11 September 1999. The accused were at all material times members of the Sakunar militia which was operating in the Oecussi District. There were 5 victims in total. Both accused are presently believed to be in Indonesia.

ACCUSED AT LARGE

Domingos A Carlos

Carlos Jose

Almeida Martins

Case Number: 20/2003

Summary of Case: Indictment filed 10/1/2003. The accused are charged with two counts of Crimes Against Humanity: murder, arising from events which took place in the Aileu District on 6 September 1999. The accused were all members of the Aileu Hidup (“AHII”) militia. In each case the two victims were killed as they were fleeing their homes in fear of reprisals from AHII following the announcement of the result of the Referendum on 30 August 1999. Domingos Carlos is alledged to have shot the first victim himself and ordered the execution of the second victim by Carlos Jose and Almeida Martins. All of the accused are presently believed to be in Atambua, West Timor.

ACCUSED AT LARGE

Indictment PDF (English)

Case number: 21/2003 (see 2B/2003)

Summary of Case: The indictment was filed on 26/7/2003. The accused is charged with 3 counts of crimes against humanity: murder, inhumane treatment and persecution. The events the subject of the indictment took place on 17 April 2000 in Dili. On this day the various militia groups gathered in Dili for a rally which, following incitement by Eurico Guterres (leader of the Aitarak militia), culminated in an attack on the house of prominent independence supporter Manuel Carrascalao at approximately 1.00 p.m. There were at least 100 people taking refuge in his house at the time. These were primarily independence supporters or people who had fled their homes in fear for their life. The accused was senior member of the Besi Merah Putih milita and is allegedly one of many who participated in the attack on the Carrascalao house. Twelve people were killed as a result of the attack and there were many injured. He is charged, among other things, with joint responsibility for the murder of the 12 victims.

This case was incorporated in case 2b/2003, and the accused was sentenced to 15 years imprisonment on 5/7/04.

CASE FINALISED

Indictment PDF (English)

Judgment PDF (English)

JSMP Comments:
JU 11/2005 (BI)
JU 11/2005 (Eng)

Preliminary Hearing:
Trial dates: Began 24/1/2005

PENDING APPEAL HEARING

Indictment PDF (English)

Court of Appeal Decision on Pretrial Detention PDF (Bahasa Indonesia)

Judgment PDF (Portuguese)

Judgment PDF (English - unofficial translation)

Decision of the Court of Appeal PDF (Portuguese)

Case Number: 23/2003

Summary of Case: The indictment, filed on 23 September 2003, charged the accused with 2 counts of crimes against humanity, being torture and enforced disappearance. The indictment alleged the following: The accused was a member of the TNI based in Liquica. On the evening of 26 April 1999 he went in search of the victim. He was accompanied by several other TNI soldiers and numerous members of the Besi Merah Putih militia which was then operating in the Liquica District. The victim was found hiding in a friend’s house. The accused with the assistance of others dragged the victim from the house. He was armed with an automatic rifle at the time. The victim was then blindfolded, bound, beaten and put in the back of a truck driven by militia members. From there he was taken to nearby militia post of Maumeta. At Maumeta the accused ordered militia members to beat him further. He was beaten severely for an extended period of time after which he was thrown into a small house. At around midnight on the 26th the accused was observed driving in a pick-up truck past the military post at Lauhata accompanied by other militia members. The truck parked next to a big tree near the post. Some time later the truck approached the post. A TNI soldier accompanying the accused then ordered the militia members at the post not to tell anyone that there was a body buried next to the tree and threatened to kill them if they did. After the accused left in the truck several militia members went to the tree and noticed that there was a freshly dug grave. They dug it up and observed that, in their belief, the body was that of the victim. The grave was then covered over again. The dead body was not in the grave upon exhumation in May 2003 and the victim has not been seen since he was detained by the accused on 26 April 1999.

On 5/7/2004 the Special Panel for Serious Crimes qualified the charges against the accused and convicted him of the Crime Against Humanity of Murder. He was sentenced to 3 years imprisonment. On 18/3/2005 the Court of Appeal increased that sentence to 8 years imprisonment.

Preliminary Hearing: 26/11/03, 17/2/04
Trial dates: 23/2/2004 - 27/2/04, 9/3/04, 11/3/04, 1/4/04, 2/4/04, 27/4/04, 27/5/04

CASE FINALISED

Case Number: 24/2003

Summary of Case: The Indictment was issued on 25 September 2003 and charges the accused with 16 counts of crimes against humanity comprised of murder, torture, inhumane acts, imprisonment, persecution and deportation or forcible transfer of population. The indictment alleges the following: The accused were all either members of the Aitarak militia stationed in the Sub-Districts of Hera and Metinaro, Dili District or members of the TNI. The indictment concerns a series of incidents which occurred in those areas in the period from 20 April 1999, shortly after the Aitarak militia was formed in Dili, to 12 September 1999. In the first incident, on 20 April 1999, 3 men who were supporters of a clandestine pro-independence movement were apprehended by the TNI holding evidence of their affiliations. Following interrogation and upon discovery of these documents the soldiers began to beat the men. One of the men was beaten to death. Another of the victims was allegedly murdered by the accused after being detained by Aitarak militiamen in the Hera marketplace on 1 May 2003. On 8 May 2003, 3 men travelling in a car were stopped by Aitarak militia at Akanunu. Two of the men were then allegedly murdered by some of the accused and buried in a nearby cemetery. On 31 August 1999 2 known independence supporters were stopped just outside Dili by Aitarak militia. They were then taken to a nearby Aitarak post where they were stabbed and beaten to death. The indictment also asserted that the accused were responsible for a spate of attacks perpetrated on the inhabitants of Metinaro from 5 – 12 September 1999 with the purpose of deporting them to West Timor. The attacks involved the forced evacuation and destruction of houses, assaults on numerous villagers and the murder of 2 men, including the principal of the primary school in Metinaro. All of the accused are thought to be presently in Indonesia.

ACCUSED AT LARGE

Indictment PDF (English)

Judgment PDF (Portuguese)

JSMP Comments:
JU 11/2005 (Eng)
JU 11/2005 (BI)

Case Number: 25/2003

Summary of Case: The accused was charged with 3 counts of crimes against humanity comprised of persecution, murder and deportation or forcible transfer of population. During the period in which he was alleged to have perpetrated the crimes named in the indictment the accused was a TNI soldier based in the Sub-District of Metinaro. From 5 – 8 September 2003 he was alleged to have participated in attacks on the houses of villagers known to be pro-independence supporters. In once incident 2 men were dragged from a house and forced to join the other inhabitants of Metinaro who were in the process of being deported to West Timor. It was further alleged that in another incident the accused threatened a man with his gun and then burnt down his house after forcing him out. On 12 September, after the village had been emptied of its inhabitants, a small group of people came down from the hills looking for food. They were then attacked by militia and TNI soldiers, including the accused. One of the victims was shot and badly wounded but managed to escape. In all, some 2000 people were deported from Metinaro to West Timor and approximately 90% of its buildings were destroyed.

On 8/12/04 Fernandes was convicted of Destruction of Property under art 170 of the Indonesian Penal Code and sentenced to one year imprisonment, suspended immediately.

Preliminary Hearing: 9/3/2004
Trial dates: 3/11/04 - 23/11/04, 3/12/04

CASE FINALISED

Indictment PDF (English)

Transcript of Preliminary Hearing Proceedings PDF (English)

Case Number: 26/2003

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