The General Prosecutor of the Democratic Republic of East Timor v. Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires

Court	District Court of Dili, Special Panel for Serious Crimes, East Timor
Case number	B0-84-99-SC
Decision title	Indictment
Decision date	11 June 2002
Parties	The General Prosecutor of the Democratic Republic of East Timor Paulo Gonsalves Marcelino Leto Bili Purificasao Rosalino Pires
Categories	Crimes against humanity, Torture
Keywords	Torture; crimes against humanity; persecution; rape
Links	Indictment

Summary

On 12 June 2002, the Special Panel for Serious Crimes of the Dili District Court, East Timor, issued an indictment against Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires, respectively the commander, deputy commander, and a member of the Halilintar Merah Putih militia group based in the subdistrict of Atabae in East Timor. According to the allegations, several victims alleged to be supporters of East Timor’s independence from Indonesia were detained, beaten, and raped by the three members of Halilintar Merah Putih in the period between February and September 1999. In that period, numerous pro-Indonesian militia groups operated throughout East Timor attacking pro-independence supporters with the goal to gain autonomy within Indonesia.

Legally relevant facts

In 1975, East Timor was invaded by Indonesia. In 1999, the Indonesian government under President Habibie gave the East Timorese the option to vote for independence or autonomy within Indonesia. A UN operation conducted the referendum in August 1999, and on 4 September 1999, the result of the voting was announced. The East Timorese overwhelmingly voted for independence from Indonesia as 78.5 per cent voted against autonomy (para. 1).

Throughout the whole year, numerous pro-Indonesian militia groups, including Halilintar Merah Putih, carried out a widespread or systematic attack directed primarily against civilians of East Timor who supported the country’s independence. The attack was characterised by displacement, forcible transfer, murders, rapes, arson, intimidation, destruction of houses, threats to life, and unlawful confinements (para. 2). Many East Timorese were killed, and about 500,000 persons were displaced from their homes.

On 19 October 1999, Indonesia formally recognised the result of the referendum. The multi-dimensional peacekeeping operation UN Transitional Administration in East Timor (UNTAET) was established in October 1999, which was responsible for the administration of East Timor during its transition to independence.

Core legal questions

Can Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires be charged with rape, torture and persecution as crimes against humanity?

Specific legal rules and provisions

Regulation No. 2000/15 on The Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, 2000, UN Transitional Administration in East Timor:

Section 5.1(f) - Crimes Against Humanity (torture)
Section 5.1(g) - Crimes Against Humanity (sexual violence)
Section 5.1(h) - Crimes Against Humanity (persecution)
Section 14 - Individual criminal responsibility

Court's holding and analysis

On 11 June 2002, Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires were indicted by the Special Panel for Serious Crimes of the District Court of Dili. According to the indictment, Gonsalves, Purificasao and Pires were charged with 13 counts of multiple rape, torture and persecution as crimes against humanity, undertaken as part of a widespread or systematic attack. The attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters (para. 13).

Gonsalves, the commander of Halilintar Merah Putih, was charged with four counts of rape, four counts of torture, and one count of persecution as crimes against humanity.

Purificasao, deputy commander of Halilintar Merah Putih, was charged with one count of persecution, one count of torture and one count of rape as crimes against humanity.

Pires, a Halilintar Merah Putih militia member, was charged with one count of rape and one count of torture as crimes against humanity.