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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.

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters.

The Accused, Joao Franca da Silva, was the Commander of the Kaer Metin Merah Putih militia (KMP) in Lolotoe. In May 1999, he participated in a number of attacks directed at independence supporters including the detention of numerous individuals at the KORAMIL military centre who were kept in small rooms without proper sanitation, and many of whom were beaten and interrogated about their connections. He also ordered the beating of a number of independence supporters, and in one vicious incident, he forced the victim to eat his own ear.

The Lolotoe case was one of the major trials before the Special Panels for Serious Crimes. Da Silva was sentenced to 5 years’ imprisonment after pleading guilty to four counts of imprisonment or other severe deprivation of liberty as a crime against humanity and one count of torture as a crime against humanity. The remaining charges against him (persecution, other inhumane acts) were withdrawn by the Prosecutor. 

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters. The Accused, Sabino Gouveia Leite, was the Chief of the village of Guda in the sub-district of Lolotoe.

In May 1999, Leite provided information to the Kaer Metin Merah Putih militia (KMP) regarding the identity of independence supporters or persons associated with or sypathetic to the pro-independence group Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). As a result, three victims were forcible removed from their homes and detained in the home sof various KMP members until July 1999. Others were interrogated and placed in the KORAMIL, a military command centre where they were subject to beatings and extremely unhygienic living conditions.

The Accused pleaded guilty to the crimes against humanity of imprisonment, torture and other inhumane acts. He was sentenced to 3 years’ imprisonment by the Special Panels for Serious Crimes.

Lieutenant Colonel Soedjarwo was a military commander of the Indonesian National Army (TNI) in the district of Dili between 9 August 1999 and 20 December 1999. Soedjarwo was found guilty of crimes against humanity because he failed to prevent his troops from attacking the Diocese office of Dili and the residence of Archbishop Belo in Dili on 4 and 6 September 1999. At least 13 civilians who were seeking refuge at these two places were killed during the attack.

Following violent clashes between two groups, one in favor of independence of East Timor and one against it, approximately two thousand pro-independence activists seek refuge in the church of Liquiça. An attack by an anti-independence militia causes the death and injury of many. It is claimed that several soldiers took part in the attacks. The commander of some of these soldiers, Intelligence Task Force officer Sudrajat, was present in Liquiça. Can he be held responsible for what happened?

Not according to the Indonesian Ad Hoc Tribunal for East Timor. The involvement of his personnel could not be established and the Tribunal considered the militia to be completely separate from the military. Thus, the Tribunal established that he had had no effective control over those who actually committed the crimes against humanity. Neither did it consider proven that he assisted in what happened. According to the Tribunal, he was there to look for a solution and tried to stop the actual attack to the best of his abilities. Sudrajat was acquitted, which added to the international community’s concern about the effectiveness of the Tribunal.