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During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of pro-autonomy militia groups operated throughout the territory. They were responsible for perpetrating a number of crimes against the civilian population, particularly those perceived to be independence supporters.

The Accused, Abilio Mendes Correia, was a member of the Besi Merah Putih (BMP) militia group who in August 1999 came across a truck carrying a well-known leader of the pro-independence group Conselho Nacional da Resistencia Timorense (CNRT). Acting on orders, the Accused and other militia members proceeded to remove the victim from the truck in which he was travelling and then severely beat him. The beating was halted when the victim was taken away for questioning; He was never seen alive again.

The Special Panels for Serious Crimes convicted the Accused of the crime against humanity of other inhumane acts and sentenced him to 3 years’ imprisonment. However, with credit for the time he had already served in pre-trial detention, he was released two days after the judgment.

The Accused were brothers, Umbertos and Carlos Ena. Both were members of the Sakunar militia group, a pro-autonomy group that operated in East Timor in 1999 in conjunction with other militia groups and the Indonesian Armed Forces (TNI). They participated in a countrywide campaign of violence against the Timorese civilian population, targeting particularly those persons believed to be independence supporters. In September 1999, following the results of a referendum in which the people of East Timor had voted overwhelmingly in favour of independence, the Accused and other members of the militia group targeted the village of Nakome with machetes, spears and stones.

The Special Panel found that there was insufficient evidence to establish beyond a reasonable doubt that Carlos Ena was present or participated in the attack; he was accordingly acquitted. However, Umbertos Ena was convicted for his role in the deaths of two victims and for seriously injuring a third by stoning and stabbing. He was sentenced to 11 years’ imprisonment. 

Indonesia had illegally occupied East Timor since 1975 despite the will of the Timorese to gain independence. The Indonesian Armed Forces, together with a number of militia groups, carried out a nationwide campaign intended to terrorise and punish independence supporters.

The Accused was a member of the Laksaur militia group who had perpetrated widespread and systematic attacks against the Timorese people. The Accused was charged with the murder of a known independence supporter, whom he murdered by stabbing in the back with his sword during an attack on the village in which the victim lived. The Accused plead guilty and was sentenced to 7 years’ imprisonment by the Court for the offense of murder as a crime against humanity. 

Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesians who favoured continued occupation and the Timorese who favoured independence. Following the referendum of 1999 in which an overwhelming majority of Timorese voted in favour of independence, hostilities escalated between the Indonesian Armed Forces and associated militias, and the independence supporters.

In the context of these hostilities, the Accused (a member of the Sakunar militia) intentionally stabbed one victim and severely beat another victim who was tied to a tree in plain view of other villagers. The Accused pleaded guilty to both charges and the Court sentenced him to 5 years’ imprisonment. His defence, that he was coerced into committing the crimes due to a fear of his superiors, failed to convince the Court, as he was not in imminent danger of death.

Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesians who favoured continued occupation and the Timorese who favoured independence. Following the referendum of 1999 in which an overwhelming majority of Timorese voted in favour of independence, hostilities escalated between the Indonesian Armed Forces and associated militias, and the independence supporters.

In the context of these hostilities, the Accused (a member of the Sakunar militia) intentionally stabbed a suspected independence supporter and watched as two other militia members proceeded to stab and stone the victim who died as a result of his wounds. The Accused pleaded guilty to the crime of murder as a crime against humanity, and the Court sentenced him to 5 years’ imprisonment.