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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 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.

Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesian’s 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 (all members of the Sakunar militia) killed two independence supporters – one was attacked with a machete and the other was beaten to death. A third was also severely beaten in plain view of his entire village.

The Special Panels for Serious Crimes convicted all the Accused for the crimes against humanity of murder and other inhumane acts; Cab, Fuli and Lelan were sentenced to 5 years’ imprisonment, Cloe to 4 years. At sentencing, the Court considered that the Accused were victims of the circumstances themselves and attributed responsibility to the Indonesian Armed Forces who pitted local populations against each other in order to secure their power over the Timorese.

During the outbreak of violence before, during and after the referendum on independence of East Timor from Indonesia, Marculino Soares was a Besi Merah Putih (BMP) militia commander from the village of Guico, in the district of Liquiça. The BMP militia was an anti-independence militia. On 17 April 1999, the house of Manuel Carrascalão, a pro-independence leader, was attacked, resulting in the death of 12 persons, and serious injuries to 9 others. On that day, Marculino Saores had ordered his men to go to a rally in Dili, from where the attack was launched. The group led by Marculino Soares joined the attack. Marculino Soares was indicted on 25 July 2003 by the Special Panel for Serious Crimes for participating in the attack, and charged with crimes against humanity, on the basis of individual and command responsibility.

The Court found that it had been proven that Marculino Soares personally participated in the organization and execution of the attack. Marculino Soares was convicted of crimes against humanity (murder, other inhumane acts and persecution) and sentenced to 15 years in prison (13 for the count of murder and 2 years for the count of other inhumane acts).

During Indonesia’s illegal occupation of East Timor form 1975 until 2002, the Indonesian Armed Forces and a number of militia groups perpetrated a countrywide campaign of abuse against the Timorese civilian population, targeting particularly those persons suspected of being independence supporters.

The Accused, Francisco Pedro, was a member of the Firmi Merah Putih (FIRMI) militia group. On 15 September 1999, he and other militia members abducted three suspected independence supporters from their homes, bundled them into a taxi and drove them to a dark clearing where they were to be killed. The Accused stabbed two of the victims, who died, whilst a third succeeded in escaping. The Accused on another event also acted as a guard at a FIRMI commander’s home where a number of independence supporters were detained and repeatedly punched, kicked and beaten. For his involvement, the Special Panels for Serious Crimes convicted the Accused of crimes against humanity of murder, attempted murder and other inhumane acts and sentenced him to 8 years’ imprisonment.