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From 1975 until 2002, Indonesia illegally occupied East Timor. This period was characterised by a number of abuses perpetrated against independence supporters by members of the Indonesian Armed Forces and local militia groups.

The Accused, Joao Fernandez, was a member of the pro-autonomy Dadarus Merah militia. In September 1999, he (and others) were armed with samurai swords and received orders from the militia leader that they were to go to the district police station and kill all the males. In carrying out this order, the Accused murdered a known independence supporter by stabbing him twice in the back with his sword. This was done in full view of the victim’s daughters. Fernandez pleaded guilty to the charge of murder and he was sentenced to 12 years’ imprisonment by the Special Panels. Interestingly, although a number of murders were committed that day in the militia attack, the Prosecutor claims that he did not charge the Accused with murder as a crime against humanity (a more serious offense) due to the lack of evidence.

From 1975 until 2002, Indonesia illegally occupied East Timor. Pro-autonomy militia groups, as well as the Indonesian Armed Forces (TNI) perpetrated a number of abuses against the Timorese civilian population, targeting particularly those individuals who were suspected of being pro-independence supporters. In September 1999, following a referendum in which the Timorese people voted overwhelmingly in favour of independence, members of the Team Alfa pro-autonomy militia were ordered to locate and kill independence supporters.

The Accused, Jose Valente, travelled with a number of militia members to an elementary school where they were to find and kill two suspected pro-independence supporters. These individuals were found and chased: one victim was shot in the leg by a militia member, and then shot again in the forehead by the Accused. The Accused was convicted of the domestic crime of murder and sentenced to 12 years 6 months’ imprisonment by the Special Panels for Serious Crimes. The Court found that the Accused acted with premeditation: he may not have had the intention to kill the victim as an individual, but he participated in the plan of the militia group to kill pro-independence supporters. 

Abilio Soares was governor of East Timor at the time violence broke out in East Timor before, during and after the referendum on independence of Indonesia.

On 20 February 2002 he was indicted on two charges of crimes against humanity: murder and assault/persecution. He was charged with command responsibility for the failings and actions of his subordinates and militias, in relation to events during which anti-independence militias committed massacres, such as in the church in Liquica on 6 April 1999, at the house of pro-independence leader Manuel Carrascalao on 17 April 1999, at the residence of the Bishop of Belo on 6 September 1999 and in the church in Suai on 6 September 1999. In each one of these instances, he was accused of not having exercised his authority in order to prevent these crimes from taking place.

The Court considered that, under command responsibility, Abilio Soares was criminally responsible for the human rights violations perpetrated by his subordinates. To come to this conclusion, the Court considered the following elements: his subordinates were under Soares’ effective control and authority, but he did not exert appropriate and proper control over them;  Abilio Soares was aware, or consciously disregarded information relating to these events, as he was informed of these events by subordinates; and that Soares took no action against those district heads under his control who had committed the murders and assaults (for example to prevent or stop the acts or surrender the perpetrators to authorities for investigation and prosecution).

The Court sentenced Abilio Soares to 3 years’ imprisonment, significantly lower than the minimum sentence of 10 years. 

In response to Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of pro-independence groups emerged which sought to challenge Indonesian rule over the Timorese.

The Accused, Julio Fernandez, was a member of one such group, the Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). In September 1999, when he was returning to his village from his hideout in the mountains where he sought refuge from the pro-autonomy militias, he came across the villagers surrounding and shouting at a man tied to a chair, who was already injured. Fernandez proceeded to question the man and ascertained that he was a militia member. Fernandez then stabbed the man twice, as a result of which he died. The Special Panels convicted Fernandez of murder and sentenced him to 7 years’ imprisonment. Fernandez was the only FALINTIL member to have been convicted by the Special Panels. 

Indonesia illegally occupied East Timor from 1975 until 2002. During that time, members of the Indonesian Armed Forces and pro-autonomy militia groups perpetrated a number of attacks against the civilian population, particularly against those believed to be independence supporters.

In September 1999, the Accused, Manuel Goncalves Leto Bere, was a member of the Dadurus Merah Putih pro-autonomy militia group. Whilst in West Timor, he was ordered by the militia chief to arrest Joao Gonsalves, a known independence supporter. Gonsalves was arrested and then driven to a river by the Accused and other individuals, including members of the Indonesian Armed Forces (TNI) who often worked with the militia groups, to a river. Once there, the Accused stabbed Goncalves in the chest with his samurai sword immediately killing him. He was convicted of murder and sentenced to 14 years’ imprisonment.