28 February 2003

| | SERIOUS CRIMES UNIT INFORMATION RELEASE | |

3 MAJOR INDICTMENTS FILED WITH CRIMES AGAINST HUMANITY CHARGES FOR THE FORMER EAST TIMOR POLICE CHIEF AND MILITIA COMMANDERS INCLUDING EURICO GUTERRES, EGIDIO MANEK AND CANCIO LOPES DE CARVALHO

The Deputy General Prosecutor for Serious Crimes filed 8 indictments with the Special Panel for Serious Crimes at Dili District Court in East Timor on 28 February 2003.

The indictments include 3 major Crimes Against Humanity indictments which cover incidents which occurred in Dili, Covalima and Ainaro districts between January and December 1999. The accused include Brigadier General Timbul Silaen -the former Chief of Police for East Timor, Eurico Gueterres -Commander of Aitarak militia, Egidio Manek -Deputy commander of Laksaur militia and Cancio Lopes de Carvalho ?Commander of Mahidi militia who are all charged with Crimes Against Humanity.

The Indictment for the Attacks on Bishop Belo's Residence and the Dili Diocese.

The single indictment charges 8 individuals with counts of Crimes Against Humanity including murder, enforced disappearance, inhumane acts and deportation. The accused include Brigadier General Timbul Silaen-the former Chief of Police for East Timor Eurico Gueterres -Commander of Aitarak militia and 2 TNI soldiers.

The indictment alleges that on 5 September 1999 TNI soldiers and militia attacked the civilians seeking refuge at the Dili Diocese with the active assistance of Police Officers. The attack resulted in the death or disappearance of at least 15 civilians. It is alleged that the remains of 10 persons discovered in a burnt truck on the outskirts of Dili in October 1999 include victims of the Dili Diocese attack.

The indictment further alleges that on 6 September 1999 TNI soldiers, Police officers and militia attacked the residence of Bishop Belo, the Canossian Sisters Convent and the Red Cross Compound in Dili. Many civilians were seriously injured in the attacks resulting in the death of at least two people and the destruction of the three compounds. Over 5,000 refugees seeking shelter inside Bishop Belo's residence were forcibly evacuated and deported from East Timor by TNI soldiers, Police officers and militia.

The indictment charges Brigadier General Timbul Silaen-the former Chief of Police for East Timor, Eurico Gueterres -Commander of Aitarak militia and other militia members for the deportation and forcible transfer of members of the civilian population from Dili into West Timor between 5 and 9 September 1999. It is alleged that over 25,000 people were deported from Dili alone during this period as part of a widespread or systematic attack against the civilian population.

All of the accused in this indictment are believed to be in the Republic of Indonesia. Arrest Warrants will be requested from the Dili District Court which when received will be forwarded to the Attorney General of the Repubic of Indonesia. The arrest warrrants will also be forwarded to Interpol as Timor Leste joined the Interpol organisation in 2002.

The Covalima Indictment

The single indictment charges 14 Laksaur militia members including Egidio Manek, the Deputy Commander of the Laksaur militia based in Covalima District and four subdistrict Laksaur Militia Commanders with Crimes against Humanity.

The indictment charges the accused persons with 51 counts of crimes against humanity including extermination, murder, enforced disappearance, rape, torture, inhumane acts, deportation and persecution committed against the civilian population of Covalima district between 27 January 1999 and 15 December 1999.

The charges in the indictment include the Suai Church massacre which occurred on 6 September 1999. Between January 1999 and September 1999, hundreds of civilians had sought refuge at the Ave Maria Church in Suai in fear of the campaign of terror and violence by TNI soldiers, Police and militia. On 6 September 1999, TNI soldiers, Police officers and militia attacked unarmed civilians inside the Church compound killing many people including 3 priests, namely Father Hilario Mendonca, Father Dewanto and Father Franciso, women and children. The dead bodies of the victims were taken to West Timor where they were disposed off by TNI soldiers, Police officers and militia. In November 1999, bodies of 31 victims of the attack, including the three Priests, were recovered from West Timor and returned to East Timor.

The indictment also charges Egidio Manek, the Laksaur Militia Deputy Commander and Laksaur Subdistrict Commanders Maternus Bere, Pedro Teles, Hendrikus Mali and Cosmas Amaral and their subordinates for the widespread or systematic attacks the people of Covalima. This includes the killing of 14 independence supporters in Laktos village in Covalima, the murder and enforced disappearance of 52 civilians committed between 12 April 1999 and 17 October 1999 and the torture and inhumane acts committed against 49 civilians between 27 January and 30 October 1999. The victims were all independence supporters.

The indictments also charges the accused persons for the deportation of thousands of civilians from Covalima district to West Timor in the Republic of Indonesia following the announcement of the results of the popular consultation on 4 September 1999.

All of the accused in this indictment are believed to be in the Republic of Indonesia. Arrest Warrants will be requested from Dili District Court which when received will be forwarded to the Attorney General of the Repubic of Indonesia. The arrest warrrants will also be forwarded to Interpol as Timor Leste joined the Interpol organisation in 2002.

The Mahidi Militia indictment

The Mahidi militia indictment charges a total of 22 Mahidi milita members including Cancio Lopes de Carvalho, the Commander of the Mahidi miltia based in the District of Ainaro with Crimes against Humanity. The charges include counts of murder, enforced disappearance, torture, persecution and deportation for crimes committed in the Districts of Ainaro and Covalima in East Timor between January and September 1999.

The indictment specifically charges Cancio Lopes de Carvalho, Remisio Lopes de Carvalho, Orlando Baptista and their subordinates with Crimes against Humanity for the murders of 11 civilians and the forced deportation of villagers from Maununo, Ainaro district to West Timor, on 23 September 1999.

As part of the widespread or systematic attack against the people of the Districts of Ainaro and Covalima, the indictment also charges Cancio Lopes de Carvalho and his subordinates with murders committed in Manutassi on 3 January 1999, the murders of independence supporters on 25 January 1999 and the murder and persecution of university students in Covalima district on 13 April 1999. The indictment also includes Crimes Against Humanity charges against Mahidi Company Commander Vasco da Cruz, for the murders and torture of perceived independence supporters committed at his house in the Covalima District, in March and April of 1999.

All of the accused in this indictment are believed to be in the Republic of Indonesia. Arrest Warrants have been requested from the Dili District Court which when received will be forwarded to the Attorney General of the Repubic of Indonesia. The arrest warrrants will also be forwarded to Interpol as Timor Leste joined the Interpol organisation in 2002.

Two Covalima indictments

In addition to the major Covalima indictment, the Deputy General Prosecutor for Serious Crimes filed two separate indictments charging two Laksaur militia members with Crimes against Humanity. In the first indictment, the accused is charged with the murder of an independence supporter in Suai Subdistrict on 5 September 1999. In the second indictment, the accused is charged with murder for the killing of four independence supporters on or about 23 April 1999 in Tilomar Subdistrict. The accused is further charged with Crimes against Humanity -extermination for his participation in the massacre at the Suai church on 6 September 1999.

Two Hera indictments (Dili)

In addition, two indictments were filed by the Deputy General Prosecutor for Serious Crimes on 28 February 2003. The indictments charge 3 individuals with respect to crimes committed in Hera village, outside Dili during 1999. One of the indictments charges the East Timorese TNI village level commander with Crimes Against Humanity including the murder, torture and unlawful imprisonment of independence supporters in Hera on 20 April 1999.

Oecussi Crimes Against Humanity indictments (February 2003)

In addition, on 28 February 2003, the Deputy General Prosecutor for Serious Crimes filed an indictment charging a Sakunar militia member with Crimes against Humanity Murder for the killing of Yosef Maknaun committed on or about 9 September 1999 near the border of Oecussi district and West Timor.

Two further Crimes against Humanity indictments also covering crimes committed in Oecussi District were previously filed by Deputy General Prosecutor for Serious Crimes on 17 February 2003 at Dili District court. The first indictment charged one village militia commander with Crimes Against Humanity for one count of murder in Passabe subdistrict on 8 September 1999. The second indictment charges 8 Sakunar militia members with Crimes Against Humanity for two counts of murder and torture allegedly committed in Netensuan village on 16 September 1999.

To date, the Serious Crimes Unit has filed 58 indictments at the Special Panel for Serious Crimes which charge a total of 225 persons.

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