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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. 

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. 

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. 

Indonesia illegally occupied East Timor from 1975 until 2002 during which time members of the Indonesian Armed Forces (TNI) and a number of pro-autonomy militia groups perpetrated widespread crimes against the civilian population of East Timor, particularly those suspected of being independence supporters.

In September 1999, the Accused, Carlos Soares, was a member of the Darah Integrasi militia group. During an attack on a village in which the militia, alongside the TNI, burnt down civilian homes and killed the villagers who refused to run away, the Accused shot an elderly man through the neck, killing him. The Accused was convicted of murder as a domestic offence and sentenced to 15 years and 6 months’ imprisonment.

During Indonesia’s occupation of East Timor from 1975 until 2002, a number of crimes were perpetrated by the Indonesian Armed Forces and pro-autonomy militia groups. These crimes were largely directed against the Timorese civilian population, in particular, against those individuals suspected of being independence supporters.

The Accused in the present case, Joseph Leki, was a member of the pro-autonomy Laksaur militia group. As part of his involvement with the militia, he took part in two attacks in September 1999 in which groups of Timorese individuals were surrounded and fired upon by the militia whilst they were resting. As a result of these attacks, four individuals were killed. 

The Special Panels for Serious Crimes convicted Leki for all four murders. Although in three of the four, he had not actually fired the shot, the Panels held him responsible for having contributed logistically and morally to the commission of the crimes by other members of the militia group. In the fourth instance, although Leki had fired the shot, the Panels excluded his responsibility as a principal perpetrator because he had been threatened with death if he did not follow the order to shoot. However, he remained liable on the same grounds as for the other three murders. The Special Panels sentenced Leki to 13 years’ imprisonment. The case is the first one in which the defence of duress was upheld although Leki was convicted anyway.