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During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces (TNI) and various pro-autonomy militia groups perpetrated a widespread campaign against the civilian population in East Timor in order to repress pro-independence supporters.

The present case was the first before an international or hybrid international/domestic tribunal like the Special Panels for Serious Crimes to indict a minor for their involvement in the perpetration of international crimes. The Accused, X, was 14 years old in 1999 when, as a member of the Sakunar militia group, he killed by machete three young men who had been apprehended by the militia as part of a larger group. The Prosecution had initially charged the Accused with extermination as a crime against humanity, but later amended to murder in violation of the Indonesian Penal Code. The Accused pleaded guilty and was sentenced to 12 months’ imprisonment. Having already served 11 months 21 days in ore-trial detention, the Court ordered the remainder of the sentence to be suspended on the condition that the Accused does not commit any crimes for a period of one year. At sentencing, the youth of the Accused was a decisive mitigating factor as the Panel considered that he was used merely as a tool by those truly responsible.

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charged both Accused with a greater number of offenses including unlawful imprisonment, the remaining charges were withdrawn after the Accused pleaded guilty: Sarmento to four counts of murder and one count of deportation as crimes against humanity, Tilman to one count of murder and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. 

From 1975 until 2002, Indonesia illegally occupied East Timor. Throughout this period, a number of pro-independence groups formed in order to fight for Timorese independence and combat the abuses perpetrated by members of the Indonesian armed forces and the pro-autonomy militia groups with whom they allied themselves.

One such pro-independence group was the Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). In September 1999, three members of the group, imcluding Carlos Soares, were travelling under orders to a village when they were joined by a fourth individual. Seemingly randomly and without reason, Soares stabbed the fourth member of the group through the back using his spear. The victim died. The Special Panels for Serious Crimes convicted Soares of premeditated murder contrary to the Indonesian Penal Code. His sentence was reduced to 4 year 6 months’ impirosnment, however, on account of his diminished mental capacity at the time of the act. The Court took into consideration his sense of grief, loneliness and sadness as a result of the deaths of 6 of his relatives one or two days prior to the murder. 

Indonesia’s illegal occupation of East Timor from 1975 until 2002 was characterised by the perpetration of a number of attacks against the civilian population, particularly those suspected of being pro-independence supporters.

One such attack occurred on the village of Lourbs in September 1999 when members of the Indonesian Armed Forces (TNI) and various militias burnt down homes, and wounded and killed a number of persons. In the course of this attack, a young girl was abducted by TNI soldiers and stabbed through the back; her mother was shot through leg as she attempted to save her. The Prosecution alleged that the Accused, Paulino de Jesus, was responsible for the murder of the little girl and indirectly for the wounding of her mother although he is not alleged to have fired the shot.

The Special Panels for Serious Crimes acquitted De Jesus on the grounds that the witness evidence did not establish with sufficient certainty either that he was present in the village at the time of the attack, or that he was the author of the charged crimes. 

During Indonesia’s occupation of East Timor from 1975 until East Timorese independence in 2002, the Indonesian Armed Forces along with a number of militia groups promoted Indonesian autonomy through violent means.

The Accused was forced to join the Laksaur militia group in 1999 and, in the course of his membership, perpetrated a number of crimes against supporters of East Timorese independence. The Special Panels for Serious Crimes convicted and sentenced the Accused to 9 years’ imprisonment for the stabbing to death by machete of three victims, the beating of numerous villagers, and the enforced disappearance of another victim who was wounded, taken out to a forest and left there. At sentencing, the Court took into consideration the frailty and sickness of the Accused who was by now 55 years old, his expression of regret at the crimes, and his having pleaded guilty. It also took into consideration the brutality of the crimes and the Accused’s apparent lack of humanity when committing them.