The Prosecutor v. Benjamin Sarmento & Romeiro Tilman
| Court |
Special Panels for Serious Crimes (District Court of Dili), East Timor |
| Case number |
18/2001 |
| Decision title |
Judgement |
| Decision date |
16 July 2003 |
| Parties |
- The Public Prosecutor
- Benjamin Sarmento
- Romeiro Tilman
|
| Other names |
|
| Categories |
Crimes against humanity |
| Keywords |
crimes against humanity, deportation, deprivation of liberty, Murder, persecution |
| Links |
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| Other countries involved |
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back to topSummary
During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of pro-autonomy militia groups carried out attacks on the Timorese population, particularly targeting those suspected of being independence supporters.
The Accused, Benjamin Sarmento and Romeiro Tilman, were deputy commanders in the Tim Sasurat Ablai militia group, which operated in Same Sub-District of East Timor. They gave orders for the murder of all independence supporters in a number of villagers and participated directly in some of those murders, for example by stabbing victims with a spear or beating them with sticks. They also ordered the deportation of approximately 15 000 East Timorese villagers into West Timor, threatening them with death if they resisted. Their orders were carried out by the militia members under their authority. Although the Prosecutor initially charged both Accused with a greater number of offenses including unlawful imprisonment, the remaining charges were withdrawn after the Accused pleaded guilty: Sarmento to four counts of murder and one count of deportation as crimes against humanity, Tilman to one count of murder and one count of deportation. The Special Panels sentenced Sarmento to 12 years’ imprisonment and Tilman to 8 years’ imprisonment.
back to topProcedural history
On 7 August 2001, the Public Prosecutor indicted the Accused, Benjamin Sarmento and Romeiro Tilman, along with Joao Sarmento and Domingos Mendonca for crimes against humanity.
Sarmento was charged with five counts of murder, two counts of imprisonment or other severe deprivation of physical liberty, one count of deportation or forcible transfer and one count of persecution.
Tilman was charged with one count of murder, two counts of imprisonment or other severe deprivation of physical liberty, one count of deportation or forcible transfer and one count of persecution.
The preliminary hearing commenced on 13 February 2002. The trial commenced on 30 June 2003. On that same day, Sarmento and Tilman made admissions of guilt. Sarmento pleaded guilty to four counts of murder and one count of deportation as crimes against humanity. Tilman pleaded guilty to one count of murder and one count of deportation. The remaining charges against both Accused were withdrawn by the Public Prosecutor. Their case was severed from that of Joao Sarmento and Domingos Mendonca.
back to topRelated developments
On 31 August 2005, Romeiro Tilman was released from prison after serving 5 years and 4 months of his 8-year sentence.
back to topLegally relevant facts
Sarmento and Tilman were both deputy commanders in the Tim Sasurat Ablai militia group, which operated in Same Sub-District and fought for Indonesian autonomy (paras. 75-76).
In April 1999, both Accused ordered the members of the militia to kill all independence supporters (para. 78). Acting on these orders, a number of individuals were murdered. In particular, Sarmento pleaded guilty to the murder of Carlito de Araujo who was stabbed by Sarmento with a spear (para. 88), of Luis Boco Siri and Agapito De Araujo who were beaten and stabbed (paras. 89-93), of Afonso Da Costa and of Lorenso Tilman, both of whom were stabbed with a spear by the Accused (paras. 96, 99). Tilman pleaded guilty to the murder of Armindo Da Costa and Carlito Da Costa, whom the Accused ordered should be beaten and their heads cut off (paras. 110-111).
Both Accused also pleaded guilty to the deportation of population, which occurred on the orders of the Accused. Villagers who had been detained in Leubrema and Datina were forced onto trucks and transported to West Timor (paras. 101-102). Approximately 15,000 persons were transported in this way (para. 106).
back to topCore legal questions
- Considering that the offenses were committed prior to the promulgation of UNTAET Regulation 2000/15, can the Accused be convicted for offenses contained in the afore-mentioned Regulation without violating the principle of non-retroactivity of criminal law?
- What is the legal distinction between deportation and forcible transfer as crimes against humanity?
back to topSpecific legal rules and provisions
- Sections 5.1(a), (c), (d) and 12 of UNTAET Regulation 2000/15.
back to topCourt's holding and analysis
The principle of non-retroactivity of criminal law is contained in Section 12 of UNTAET Regulation 2000/15 and provides that a person shall not be criminally responsible unless the conduct in question constitutes at the time it takes place a crime under international or East Timorean law (para. 54). The crimes against humanity contained in Section 5 of the Regulation and of which the Accused are charged must therefore have amounted to crimes under international law in 1999 when they were committed. Following an examination of the Statutes of international criminal tribunals (para. 58), the Panel concluded that murder and deportation as crimes against humanity were prohibited by customary international law at the time the offenses were committed (para. 59).
The double formulation of the crime against humanity of deportation or forcible transfer refers to the character of the displacement: deportation is the forced removal of people from one country to another, whilst population transfer concerns the compulsory movement of people from one area to another within the same state (para. 127).
Sarmento was sentenced to 12 years’ imprisonment (para. 168); Tilman to 8 years’ imprisonment (para. 173).
back to topFurther analysis
back to topInstruments cited
back to topRelated cases
- Special Panel for Serious Crimes (District Court of Dili), East Timor, The Prosecutor v. Joao Sarmento, Case No. 18a/2001, Judgement, 12 August 2003.
- Special Panel for Serious Crimes (District Court of Dili), East Timor, The Prosecutor v. Domingos Mendonca, Case No. 18b/2001, Judgement, 13 October 2003.
back to topAdditional materials
