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Taylor: The Prosecutor v. Charles Ghankay Taylor

Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.

Charles Taylor was sentenced to fifty years of imprisonment.

On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence. 


Soares (Carlos Carmona): The Prosecutor v. Carlos Soares Carmona

Judgement, 25 Apr 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

Unlike the politically motivated crimes that are usually dealt with by the Special Panels for Serious Crimes as a result of Indonesia’s illegal occupation of East Timor from 1975 until 2002, the present case holds no links to these events. A father who suspected his daughter’s illness to be the result of black magic ordered the Accused, Carlos Soares Carmona, and others, to find the man responsible and bring him to his home. The man is brought back and, by placing saliva on the girl’s forehead, wakes her from a state of unconsciousness. The man is tied to a chair, questioned and beaten by the Accused on the orders of the father. He confesses to practising black magic, particularly against children, but resolves never to do so again. A reconciliation occurs and two bottles of a local alcoholic drink are consumed. After everyone departs the home, the Accused returns to find the man alone and proceeds to stab him in the chest. He dies as a result of his wounds. The Accused is convicted by the Special Panels for murder and sentenced to 11 years’ imprisonment. His defence of intoxication is dismissed absent evidence to the contrary. 


Leto Bere: The Prosecutor v. Manuel Goncalves Leto Bere alias Manuel Leto Bere

Judgement, 15 May 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

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. 


Fernandez (Joao): The Prosecutor v. Joao Fernandez

Appeals Judgement, 29 Jul 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

In the first appeals judgment from a case before the Special Panels for Serious Crimes, the Court of Appeal of East Timor was seized by Joao Fernandez, a member of the Dadurus Merah militia group, which operated in East Timor during Indonesia’s occupation of the latter. Fernandez had been convicted by the Special Panels and sentenced to 12 years’ imprisonment for murder after he pleaded guilty to stabbing a village chief twice in the back with his samurai sword until the chief died.

On appeal, he argued that the fact that he was acting on the orders of the militia chief and the Indonesian Armed Forces should have secured his acquittal before the Special Panels. The Court of Appeal dismissed the appeal finding that, on the basis of the proven facts, Fernandez did intentionally and with premeditation murder the village chief. The Indonesian Penal Code does not provide that superior orders may exclude criminal responsibility, unless those orders were given by a competent authority. Neither the militia chief nor the Indonesian Armed Forces had the legal competence to order the killing of individuals, nor was Fernandez under a legal obligation to follow those orders. The Court of Appeal also upheld his sentence. 


Silaen: Ad Hoc Prosecutors v. Timbul Silaen

Judgement , 15 Aug 2002, Ad Hoc Human Rights Tribunal at Central Jakarta District Court, Indonesia

Timbul Silaen worked as police chief in East Timor in 1999. As such, he was responsible for the security during the independence referendum held in the country on 30 August 1999. Before and after the referendum deadly incidents took place between people in favour of East Timor’s secession from the Republic of Indonesia and the pro-Indonesian supporters. Approximately 1000 people died, 80% of the territory was destroyed, and 250,000 people were forcibly evacuated to Indonesia.

Silaen was prosecuted because as a commander he allegedly failed to stop his subordinates from committing crimes and also failed to bring them to court in order to be prosecuted. In 2002, the Indonesian Ad Hoc Tribunal for East Timor did not found Silaen guilty as a commander because it could not be proven beyond a reasonable doubt that his subordinates had committed the crimes.


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