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(Source picture: Mats Halldin/Wikipedia)

(Source picture: Mats Halldin/Wikipedia)

The Prosecutor v. Sabino Gouveia Leite

Court Special Panels for Serious Crimes (District Court of Dili), East Timor
Case number 04b/2001
Decision title Judgement
Decision date 7 December 2002
Parties
  • The Public Prosecutor
  • Sabino Gouveia Leite
Other names
  • Lolotoe Case
Categories Crimes against humanity
Keywords crimes against humanity, deprivation of liberty, other inhumane acts, persecution, torture
Links
Other countries involved
  • Indonesia
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Summary

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters. The Accused, Sabino Gouveia Leite, was the Chief of the village of Guda in the sub-district of Lolotoe.

In May 1999, Leite provided information to the Kaer Metin Merah Putih militia (KMP) regarding the identity of independence supporters or persons associated with or sypathetic to the pro-independence group Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). As a result, three victims were forcible removed from their homes and detained in the home sof various KMP members until July 1999. Others were interrogated and placed in the KORAMIL, a military command centre where they were subject to beatings and extremely unhygienic living conditions.

The Accused pleaded guilty to the crimes against humanity of imprisonment, torture and other inhumane acts. He was sentenced to 3 years’ imprisonment by the Special Panels for Serious Crimes.

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Procedural history

On 6 February 2001, the Public Prosecutor indicted the Accused, Sabino Gouveia Leite, and four other individuals for 27 counts of crimes against humanity. The Accused was charged with five counts: unlawful deprivation of physical liberty as a crime against humanity, unlawful deprivation of physical liberty, torture as a crime against humanity, maltreatment and persecution as a crime against humanity.

On 6 April 2001, the Special Panel decided to sever the charges against two of the co-Accused.

On 25 May 2001, the Public Prosecutor filed an amended indictment against the Accused and two other individuals. The Accused was charged with three counts of imprisonment or other severe deprivation of liberty as a crime against humanity, one count of torture as a crime against humanity, one count of other inhumane acts as a crime against humanity and one count of persecution as a crime against humanity.

The trial commenced on 5 March 2002.

On 11 November 2002, the Accused pleaded guilty to three counts of imprisonment or other serious deprivation of physical liberty, one count of torture and one count of other inhumane acts. The Public Prosecutor withdrew the remaining charge of persecution. 

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Legally relevant facts

The Accused was Chief of the village of Guda in the sub-district of Lolotoe (para. 95).

In May 1999, KMP members went to the home of Bendito da Costa in search of his son, Mario, a known pro-independence supporter. Finding Mario to be absent, militia members beat and tied him to a pole in his home and left him there. On the following day, the KMP returned and took da Costa, his wife and two children to the KORAMIL, a military command centre, where they were detained until July 1999 (para. 97).

Again in May, KMP members severely beat Adao Manuel who was interrogated about his involvement with the pro-independence group Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). Manuel was detained in the KORAMIL until July 1999 (para. 98).

Again in May, aproximately 100 KMP militia members went to the hideout of Mario Goncalves, a known independence supporter. Goncalves was beaten and his right ear was cut off; the Accused, along with some militia members, forced Goncalves to eat it. Goncalves was then detained until July 1999 (para. 99).

Again in May, the Accused and some militia members severely beat Jose Gouveia Leite, the Accused’s godfather in order to sollicit the confession that he was involved with FALINTIL. He was then detained in the KORAMIL until July 1999 (para. 100).

Again in May, approximately 60 militia members surrounded the home where Aurea Cardoso and her two children were hiding. Cardoso and her husband were known independence supporters. All three were detained at the KORAMIL, Cardoso was interrogated on her husband’s wherabouts and threatened with injury to her children (para. 101).

Again in May, Herminio de Graca, a member of the pro-independence group Conselho Nacional da Resistencia Timorense (CNRT) was taken to the home of the Accused by KMP members and interrogated by the Accused. He was then detained until July 1999 (para. 104).

Again in May, the Accused provided information to the KMP that Victims A, B and C were providing food for FALINTIL. As a result, the three victims were forcibly removed from their homes and detained until July 1999 (para. 105).          

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Core legal questions

  • What are the essential elements of torture as a crime against humanity?
  • What are the essential elements of other inhumane acts as a crime against humanity?

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Specific legal rules and provisions

  • Section 5.1(d),(e),(k) of UNTAET Regulation 2000/15.

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Court's holding and analysis

The Special Panel, following the definition provided by the Preparatory Commission for the International Criminal Court in their Draft Elements of Crimes, defined the essential elements of torture as:

  1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
  2. Such person or persons were in the custody or under the control of the perpetrator 
  3. Such pain or suffering did not arise only from and was not inherent in or incidental to, lawful sanctions.
  4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
  5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population (para. 140).

There is no requirement for torture to have been conducted to achieve a particular purpose (para. 141).

The crime against humanity of other inhumane acts is a generic charge, which encompasses a series of criminal activities (para. 157). In line with the Statute of the International Criminal Court and the Draft Code of Crimes Against the Peace and Security of Mankind, the Special Panel considers the following as essential elements:

  1. The victim have suffered serious bodily or mental harm
  2. The suffering was the result of an act of the accused or his subordinate
  3. The accused or his subordinate was motivated by the intent to inflict serious bodily or mental harm
  4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
  5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population (para. 160).

The Accused was convicted of imprisonment, torture and other inhumane acts as crimes against humanity (para. 165) and sentenced to 3 years’ imprisonment (para. 184).

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Further analysis

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Instruments cited

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Related cases

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Additional materials