The Deputy General Prosecutor for Serious Crimes v. Abilio Mendes Correira

Court	Special Panels for Serious Crimes (District Court of Dili), East Timor
Case number	19/2001
Decision title	Judgement
Decision date	9 March 2004
Parties	The Deputy General Prosecutor for Serious Crimes Abilio Mendes Correia
Categories	Crimes against humanity
Keywords	crimes against humanity, Murder, other inhumane acts, torture
Links	Judgement
Other countries involved	Indonesia

Summary

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of pro-autonomy militia groups operated throughout the territory. They were responsible for perpetrating a number of crimes against the civilian population, particularly those perceived to be independence supporters.

The Accused, Abilio Mendes Correia, was a member of the Besi Merah Putih (BMP) militia group who in August 1999 came across a truck carrying a well-known leader of the pro-independence group Conselho Nacional da Resistencia Timorense (CNRT). Acting on orders, the Accused and other militia members proceeded to remove the victim from the truck in which he was travelling and then severely beat him. The beating was halted when the victim was taken away for questioning; He was never seen alive again.

The Special Panels for Serious Crimes convicted the Accused of the crime against humanity of other inhumane acts and sentenced him to 3 years’ imprisonment. However, with credit for the time he had already served in pre-trial detention, he was released two days after the judgment.

Procedural history

On 24 September 2001, the Public Prosecutor indicted the Accused, Abilio Mendes Correia, for crimes against humanity: one count of murder, one count of inhumane acts, and one count of torture. The preliminary hearing was held on 1 February 2002.

Due to a number of delays and the appointment of new judges, the trial did not commence until 3 March 2004. On that date, the Accused pleaded guilty to Count 2 of the indictment, concerning the commission of inhumane acts. In response, the Public Prosecutor withdrew the remaining counts.

Related developments

The Accused was sentenced to 3 years’ imprisonment with credit for time already spent in pre-trial detention. This time amounted to 2 years, 1 month and 6 days and was deducted from his sentence. The Accused was granted conditional release two days after the delivery of the judgement, on 11 March 2004.

Legally relevant facts

In 1999, a number of pro-autonomy militia groups operated in East Timor, one of which was the Besi Merah Putih (BMP) (paras. 40, 42).

On or about the 9 August 1999, a group of BMP militia, including the Accused were looking for pro-independence supporters in the village of Loidahar (para. 45). Passing through the area was a truck on which a known independence supporter, Mariano da Costa, was travelling. Da Costa was a leader of the group Conselho Nacional da Resistencia Timorense (CNRT) (para. 46). Da Costa was ordered off the truck and then beaten severely by militia members. The Accused was ordered to beat Da Costa and proceeded to do so several times (para. 48). The beating was halted and Costa was taken away for questioning. He was never seen again and is presumed dead (para. 49).

Core legal questions

What are the elements of the crime against humanity of inhumane acts?

Specific legal rules and provisions

Section 5.1(k) of UNTAET Regulation 2000/15.

Court's holding and analysis

The crime against humanity of other inhumane acts must satisfy the contextual elements in section 5.1 of UNTAET Regulation 2000/15, as required for all crimes against humanity. In addition, although no exhaustive categorisation of offenses exists which may amount to inhumane acts, it is necessary that the act reach the same degree of seriousness and gravity as other offenses that can be qualified as crimes against humanity. Whether a particular act rises to this level of seriousness will be determined on a case-by-case basis. In the present instance, the Special Panel considered that the severe beating of Mariano Da Costa amounted to an inhumane act (para. 51).

The Special Panel convicted the Accused of the crime against humanity of inhumane acts (para. 52) and sentenced him to 3 years’ imprisonment (p. 14).