LUHUT PANJAITAN KNEW ALOT OF STORY IN EAST TIMOR .ASK HIM IF YOU WISH TO KNOW HOW TO KILL AND DESTROY HUMAN LIFE.

 

 ations Nations Unies

United Nations Transitional Administration in East Timor

 

 

 

 

CASE NO:

United Nations Nations Unies

United Nations Transitional Administration in East Timor

CASE NO:

THE GENERAL PROSECUTOR OF THE UNITED NATIONS TRANSITIONAL

ADMINISTRATION IN EAST TIMOR

AGAINST

JONI MARQUES

MANUEL DA COSTA

JOAO DA COSTA alias LEMORAI

PAULO DA COSTA

AMELIO DA COSTA

HILARIO DA SILVA

GONSALO DOS SANTOS

ALARICO FERNANDES

MAUTERSA MONIS

GILBERTO FERNANDES

SYAFUL ANWAR

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A. AMENDED INDICTMENT

The General Prosecutor for East Timor, pursuant to his authority under UNTAET

Regulations 2000/15 and 2000/16 charges:

JONI MARQUES

MANUEL DA COSTA

JOAO DA COSTA alias LEMORAI

PAULO DA COSTA

AMELIO DA COSTA

HILARIO DA SILVA

GONSALO DOS SANTOS

ALARICO FERNANDES

MAUTERSA MONIS

GILBERTO FERNANDES

SYAFUL ANWAR

with CRIMES AGAINST HUMANITY as set forth in this Indictment.

B. NAME AND PARTICULARS OF THE ACCUSED

01.

Name : Joni Marques

Date of Birth/Age : 15 June 1964

Place of Birth : Luturula Sub Village, Leuro Village, Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 31 October 1999.

Function : Commander of Team Alpha ( Tim Alfa) Militia, 1994 to1996.

Member of the Special Forces Command of the Indonesian

Armed Forces (KOPASSUS).

02.

Name : Manuel da Costa

Date of Birth/Age : 7 May 1950

Place of Birth : Maupite Sub Village, Maupite Village, Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 31 October 1999.

Function : Platoon Commander, Team Alfa

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03.

Name : Joao da Costa, alias Lemorai

Date of Birth/Age : 5 September 1972

Place of Birth : Adawari Sub Village, Serelau Village, Lautem Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 31 October 1999.

Function : Member, Team Alfa Militia

04.

Name : Paulo da Costa

Date of Birth/Age : 5 May 1972

Place of Birth : Soro Kecil Sub Village, Leuro Village, Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 21 October 1999.

Function : Associated with Team Alfa Militia

05.

Name : Amelio da Costa

Date of Birth/Age : 9 June 1978

Place of Birth : Soro Kecil Sub Village, Leuro Village,Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 5 October 1999

Function : Member of Pengamanan Swakarsa ( PAM swakarsa )

(Self-initiated security group), Associated with Team Alfa.

06.

Name : Hilario da Silva

Date of Birth/Age : 1970 ( 30 years).

Place of Birth : Soro Kecil Sub Village, Leuro Village, Los Palos Sub District,

Lautem District

Nationality : East Timores

Location : Detained since 5 August 2000

Function : Associated with Team Alfa Militia

07.

Name : Gonsalo dos Santos

Date of Birth/Age : 1975 ( 25 years )

Place of Birth : Soro Kecil Sub Village, Leuro Village, Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 30 September 2000

Function : Associated with Team Alfa Militia

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08.

Name : Alarico Fernandes

Date of Birth/Age : 1969 (31 years )

Place of Birth : Soro Kecil Sub Village, Leuro Village, Los Palos Sub District,

Lautem District

Nationality : East Timorese

Location : Detained since 9 October 2000

Function : Associated with Team Alfa Militia

09.

Name : Gilberto Fernandes

Date of Birth/Age : 2 March 1973

Place of Birth : Carano Village, Los Palos Sub District, Lautem District

Nationality : East Timorese

Location : Detained since 9 October 2000

Function : Member of Team Alfa Militia

10.

Name : Mautersa Monis

Date of Birth/Age : unknown

Place of Birth : unknown

Nationality : East Timorese

Location : unknown

Function : Member of Team Alfa Militia

11.

Name : Syaful Anwar

Date of Birth/Age : unknown

Place of Birth : unknown

Nationality : Indonesian

Location : unknown, believed to be in Indonesia

Function : 1st Lieutenant Infantry, Deputy Commander of Special

Forces of the Indonesian Armed Forces (KOPASSUS),

stationed in 1999 in Los Palos.

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C. INTRODUCTORY STATEMENT OF FACTS

1. Widespread and systematic attacks directed against the civilian population

were committed in East Timor in 1999. These attacks were marked by two

interconnected periods of intensified violence; that following the announcement

on 27 January 1999 by the Government of the Indonesia, that the people of East

Timor would be allowed to choose between autonomy with Indonesia or

Independence, to 4 September 1999, the date of the announcement of the result

of the popular consultation in which 78.5 per cent voted against the proposed

special autonomy within the Unitary State of the Republic of Indonesia; and that

between this date and 25 October 1999. The attacks were part of an

orchestrated campaign of violence, that included incitement, intimidation and

threats to life carried out by pro-autonomy militia, members of the Indonesian

Armed Forces, ABRI ( Angkatan Bersenjata Republik Indonesia), renamed TNI

(Tentara Nasional Indonesia in 1999), and of the Indonesian Police Force

(POLRI) with the acquiescence and active participation of Civilian and Military

Authorities.

2. These large-scale attacks were indiscriminately directed against civilians

of all age groups, the most frequent type of lethal injury being death by sharp

force injury, gun shot injury, blunt force trauma and a combination of the three.

Attacks were also directed against property and livestock. Systematic acts of

violence caused the internal displacement of thousands of persons (IDPs).

Additionally, the forcible transfer and deportation of the civilian population within

East Timor and to West Timor, Indonesia was an essential feature of that

violence.

3. Pro autonomy militia groups and their activities were organized and

directed by the paramilitary umbrella organization, the Integration Fighting Forces

(PPI), (Pasukan Pejuang Integrasi) which had the official backing of the TNI and

the Civil Administration. PPI Commanders issued, called upon and incited militia

groups and their members to intimidate pro independence supporters and those

perceived to support them, such as members of the Clergy.

4. During the events referred to in this Indictment, the Indonesian Armed Forces

in East Timor consisted of both the regular territorial forces (BTT) and special

combat forces, i.e. the Strategic Reserve Command (KOSTRAD),( Komando

Strategis Angkatan Darat) and Special Forces Command (KOPASSUS) (

Komando Pasukan Khusus ), all of which had units, staff officers and soldiers

stationed in East Timor.

5. Between February and October 1999, the TNI forces present in Lautem

District were the 745 Battalion (based in Fuiloro village), the 621 and 623

Battalions (based primarily in Rasa and Assailiano), KODIM (District Military

Command) Unit 1629 (based at Lospalos and divided into five sub-district military

commands (KORAMIL)) and KOPASSUS (based at Laruara in Los Palos).

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6. From January to October 1999, the Indonesian Armed Forces in EasTimor

also comprised the Indonesian Police Force (POLRI), the state agency for

upholding the law and public order. It also included the Mobile Police Brigade

(BRIMOB), whose Units and members were stationed in East Timor, including

Lautem District. The District level Police (POLRES) headed by a District Police

Chief (Kapolres) was based in Los Palos.

7. The terms of the 5 May 1999 Agreements, between Indonesia, Portugal and

the United Nations on the popular consultation, under which the appropriate

Indonesian security authorities (TNI and POLRI) had the responsibility to ensure

a safe environment devoid of violence or other forms of and intimidation as well

as the general maintenance of law and order were not met. No attempt was

made to disarm or neutralize Team Alfa members. They were allowed to act with

impunity.

8. Between February and September 1999, the Civil Administration of

Lautem District was headed by the Bupati (District or Regency Administrator),

who was appointed by the local parliament and Governor of East Timor with the

approval of the Minister of Interior of the Republic of Indonesia. The Bupati of

Lautem District was Edmundo da Conceicao e Silva. As head of the civil

administration he governed Lautem District along with the TNI Commander for

the District (Dandim). Bupati Edmundo da Conceicio was an Honorary Member

of KOPASSUS and participated in meetings on strategic military planning

affecting Lautem District.

9. In Lautem District, Indonesian military forces worked in close cooperation

with armed groups, namely Team Alfa, Barisan Rakyat Timor Timur (BRTT) and

the Pengamanan Swakarsa, ‘PAM Swakarsa’, (self-initiated security groups).

Team Alfa (sometimes also referred to as Jati Merah Putih (i.e. Authentic Red

and White,) was established in 1986 by Captain Luhut Panjaitan of KOPASSUS

as a locally recruited and constituted armed paramilitary group (Ratih) to fight

against the FALANTIL (Armed Forces for the National Liberation of East Timor).

KOPASSUS Commanders directed the activities of Team Alfa.

10. Between March and September 1999, Lt. SYAFUL ANWAR was one of

the Commanders of KOPASSUS in Leutem District. He had authority and control

over members of Team Alfa, and issued orders and instructions which were

executed by the team.

11. Between January and October 1999, Team Alfa and KOPASSUS

operated out of the same building in Laruara, Los Palos. They shared logistic

support, including transportation. Team Alfa members were armed equipped and

trained by the TNI, including KOPASSUS. The cooperation between the Militia

and the TNI included joint operations and attacks in which members of Team Alfa

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unlawfully arrested and abducted civilians who were subsequently taken to and

interrogated at TNI barracks, particularly at the Battalion 745 base.

12. Between February and September 1999, influential district pro autonomy

leaders, including, Francisco Correira Pinto (President of the District Assembly,

Dewan Pewakilan Rakyat Daerah Tingkat II), and others exercised authority and

control over Team Alfa, BRTT and PAM swakarsa. All were honorary members

of KOPASSUS and gave instructions to Team Alfa. Team Alfa members, in

particular JONI MARQUES, provided security to the Bupati. Members of Team

Alfa received salaries from the Forum for Unity, Democracy and Justice Forum

(FPDK), (Persatuan untuk Demokrasi dan Keadilan), a pro-autonomy front that

was controlled by the Bupati, as well as from the TNI, which also provided them

with food rations.

13. Between 27 January and 30 August 1999 acts of intimidation and violence

by elements of the TNI and armed Militia groups increased in Lautem District.

Such attacks included the unlawful arrest, torture and murder of Evaristo Lopes

on 21 April 1999, and the murder of the Liurai (King) of Lospalos, Verissimo Dias

Quintas, on 27 August 1999, and the burning of his home, which had been the

office of the CNRT (National Council of Timorese Resistance) in Los Palos.

14. From 4 September 1999, the campaign of violence against civilians

escalated in Lautem District. This included intimidation, widespread arson,

plunder and looting. It was also marked by the deportation or forcible transfer of

the civilian population, which was forced out of the villages to Military Barracks,

to the Battalion 745 base, to the port of Com and to Kupang, West Timor or to

other parts of Indonesia. The attacks, coerced population transfers and

deportations of people from Leuro and other villages (e.g. Foemaa, Souro,

Omakano), along with the abduction and murder of Alexio Oliveira on 11

September 1999, charged in this Indictment, took place within this context.

15. On 3 September 1999, there was a meeting at the Laruara base in Los

Palos between the Bupati, Edmundo da Conceicao e Silva, Francisco Correia

Pinto (Head of District Assembly), KOPASSUS commanders and officers and

about twenty Team Alfa members, including JONI MARQUES. The meeting

discussed Team Alfa’s past incidents, including the killing of Evaristo Lopes. At

this gathering, the Bupati and the KOPASSUS present stressed the need for

Team Alfa to be as clean as possible when undertaking operations such as

kidnapping and arson. Pro -autonomy leaders also blamed the clergy for the

result of the popular consultation, as they were believed to have encouraged the

population to vote in favour of independence.

16. For each count charging Crimes against Humanity, the acts or omissions

by the accused were undertaken as part of a widespread or systematic attack

directed against the civilian population, with knowledge of the attack.

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D. INDIVIDUAL CRIMINAL RESPONSIBILITY

17. Each of the accused is individually criminally responsible for the crimes

alleged against him in this indictment pursuant to Section 14 of UNTAET

Regulation 2000/15. Under Section 14.2 and 14.3 (a) to (d) individual criminal

responsibility results if the individual committed, planned, instigated, ordered,

solicited, induced, aided, abetted or otherwise assisted in the crimes

commission, or attempted commission. In addition, individual criminal

responsibility results if an individual attempts to commit a crime and takes a

substantial step towards its execution. Finally, individual criminal responsibility

results if an individual in any other way contributes to the commission or

attempted commission of the crime, if such contribution is intentional and is either

(i) made with the aim of furthering the criminal activity or purpose of a group or

(ii) is made with the knowledge of the intention of the group to commit the crime.

E. DESCRIPTION OF CRIMES AND STATEMENT OF FACTS

E. I. Torture and Murder of Evaristo Lopes on 21 April 1999

18. On or about the 21 April 1999, Team Alfa members, including JONI

MARQUES, MAUTERSA MONIS, JOAO DA COSTA alias LEMORAI and other

members of Team Alfa, constructed a roadblock near Tito’s shop in Los Palos.

The members of the group were armed with iron rods and swords.

19. The group stopped the vehicle in which Evaristo Lopes, a clandestine

FALINTIL member was travelling. JOAO DA COSTA alias LEMORAI forced the

occupants out. Evaristo Lopes, who had long hair, was immediately targeted.

JOAO DA COSTA alias LEMORAI, JONI MARQUES, MAUTERSA MONIS and

others beat him with iron rods. The beating went on for several minutes before

SYAFUL ANWAR, Deputy Commander of KOPASSUS, who was watching in a

vehicle, parked close by, intervened to stop it. SYAFUL ANWAR ordered the

group to take Evaristo Lopes to the nearby Team Alfa base at Laruara, which

was also the KOPASSUS base.

20. JONI MARQUES, GILBERTO FERNANDES and the other members of

Team Alfa took Evaristo Lopes to their base at Laruara. There, his arms and feet

were bound, and he was again beaten with iron rods, punched, kicked and

stamped upon by JOAO DA COSTA alias LEMORAI, JONI MARQUES,

MAUTERSA MONIS, GILBERTO FERNANDES, SYAFUL ANWAR, and others.

Evaristo Lopes was questioned about his involvement with FALINTIL. JOAO DA

COSTA alias LEMORAI and JONY MARQUES removed his trousers and shirt,

leaving him in his underwear. SYAIFUL ANWAR pushed an iron bar into

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Evaristo Lopes’ genitals as he was being questioned. JOAO DA COSTA alias

LEMORAI hit Evaristo Lopes with an electrical cable. JOAO DA COSTA alias

LEMORAI and JONI MARQUES cut Evaristo Lopes’ hair. JOAO DA COSTA

alias LEMORAI stabbed Evaristo Lopes with a knife, and parts of his body were

mutilated. JOAO DA COSTA alias LEMORAI held Evaristo Lopes while

SYAFUL ANWAR slit his throat and killed him. Thereafter JONI MARQUES

SAYFUL ANWAR and others transported the body and dumped it around Los

Palos.

II. Attacks on Leuro and other villages and the deportation and forcible

transfer of the civilian population, 8 September 1999 to 30 September

1999.

21. The village of Leuro, administratively part of Los Palos Sub-District, is

comprised of the sub-villages of Carano, Leuro, Luturala and Soro Kecil.

22. On or around 8 September 1999, following the announcement of the

popular consultation, JONI MARQUES, ALARICO FERNANDES and other

members of Team Alfa went to Leuro. They were armed with rifles, machetes

and swords and carried a container of kerosene. Together with the Village Chief

(Kepala Desa), FELISBERTO SAVIO, they began to intimidate and threaten the

villagers of Leuro in order to make them leave for West Timor. The Village Chief

ordered the villagers to leave for Kupang, West Timor and warned that no one

was to run away. The BRT unit in Leuro was also present and told the villagers

that they had two days to pack their possessions and place them outside their

homes for the transfer. The BRT also provided security during the operation to

ensure that no one escaped. JONI MARQUES, ALARICO FERNANDES, and

others threatened to kill all the villagers if they did not leave. They burnt and shot

at houses and animals. Florinda Suriano and her family were threatened that

unless they went to Kupang, their house would be burned and they would be

killed. During the incident Florinda Suriano’s father, Antonio Suriano, who did not

want to be transferred or leave his house and who was believed to be

collaborating with CNRT (National Council for Timorese Resistance was stabbed

in the head. Their houses were also burnt. The villagers were told that if they did

not leave they would be killed by the notorious 700 ABRI/TNI Battalion (whose

acts in 1985 is attributable to numerous killings) would be returning to East Timor

from Indonesia. While this operation was in progress, TNI soldiers at the nearby

checkpoint took no steps to prevent the violence or protect the villagers. Instead

they shouted words of encouragement.

23. On or around 10 September 1999, a large yellow truck and a red minibus,

Registration Number DF 77 88 N, marked ‘Cruz Ero’ arrived in Leuro village.

The minibus was driven by PAULO DA COSTA and carried armed members of

Team Alfa, including JONI MARQUES and ALARICO FERNANDES. ALARICO

FERNANDES burnt the houses of Jose da Costa Nunes and Anselmo Correia

Pinto. JONI MARQUES and other armed members of Team Alfa, threatened the

10

villagers and forced them to leave their homes and get onto the two vehicles. The

villagers were transferred to the base of the TNI 745 Battalion in Fuiloro village,

under armed guard, in the minibus driven by PAULO DA COSTA. From there,

they were taken to the port of Com. Some were transported to West Timor.

While this operation was in progress, TNI soldiers at the nearby checkpoint took

no steps to prevent the violence or protect the villagers. They shouted out words

of encouragement to Team Alfa members.

24. On or around 11 September 1999, JONI MARQUES, PAULO DA

COSTA, ALARICO FERNANDES, GONSALO DOS SANTOS and others

returned to Leuro village. JONI MARQUES and ALARICO FERNANDES armed

with rifles, heralded and forced the remaining villagers into a red minibus marked

with the words ‘Cruz Ero’. PAULO DA COSTA drove the villagers, under armed

guard, to the TNI 745 Battalion base in Fuiloro village. From there, they were

taken to the port of Com and some transported to West Timor. While this

operation was in progress, TNI soldiers at the nearby checkpoint took no steps to

prevent the violence or protect the villagers. They encouraged Team Alfa

members.

25. From Leuro village, the team continued their operation and burnt

numerous houses at Foema, Souro, and Omokano villages, and killed livestock

and birds, as part of the campaign to deport and forcibly transfer villlagers to the

TNI 745 Battalion’s Base, to Com and to West Timor.

III. Abduction and Murder of Alexio Oliveira on 11 September 1999

26. On or around 11 September 1999, at approximately 1630 hours, Alexio

Oliveira and his mother, Jacinta dos Santos, were standing by the road near the

Elementary School in Foemaa sub-village. A red minibus marked ‘Cruz Ero’

driven by PAULO DA COSTA and a motorbike driven by JONI MARQUES

stopped near them. The red minibus was carrying villagers from Leuro who were

being deported under armed guard by Team Alfa members.

27. JONI MARQUES pointed his rifle at Alexio Oliveira and accused him of

being a CNRT member. JONI MARQUES then forced Alexio Oliveira into the

red minibus driven by PAULO DA COSTA. JONI MARQUES shot at the feet of

Jacinta dos Santos to prevent her from entering the bus. Alexio Oliveira was

taken to his house in Sawarica village where his motorbike was stored. JONI

MARQUES fired his gun in the air and made Alexio Oliveira give him his

motorbike and key. Alexio Oliveira was then forced back into the red minibus

driven by PAULO DA COSTA.

28. JONI MARQUES, PAULO DA COSTA and the other members of Team

Alfa brought Alexio Oliveira to the base of 745 Battalion in Fuiloro village. There

he was forced to register to go to West Timor. PAULO DA COSTA, GONSALO

DOS SANTOS, HORACIO KUSUMOKO (Deceased) and two TNI soldiers, one

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of whom was known as ‘Okto Bere’ escorted him behind the base. There he was

attacked and stabbed to death with a sword.

IV. Murders of Alfredo de Araujo alias Jose Lemorai and Kalistu

Rodrigues near the Sub-Village of Ira-Ara, Parlamento Village, on 21

September 1999.

29. On or around 21 September 1999 at or around 1200 hours, Team Alfa

members, including JONI MARQUES, PAULO DA COSTA and ALARICO

FERNANDES were in a coconut grove in the vicinity of the sub-village of Ira-Ara,

Parlamento village, gathering food.

30. Alfredo de Araujo alias Jose Lemorai was walking through the coconut

grove when he encountered the group of Team Alfa members. JONI

MARQUES shot him three times.

31. Later on, at approximately 1400 hours on the same day, Joanico de

Carmo Vieira, Olavio de Jesus and Kalistu Rodrigues were walking through a

nearby forest towards the coconut grove when the group of Team Alfa members

sighted them. They were told to stop or be killed but before any of them could

react, JONI MARQUES shot at Kalistu Rodrigues, injuring him in the leg. The

others managed to escape, in spite of one of them being wounded. PAULO DA

COSTA approached Kalistu Rodrigues, who was lying on the ground and shot

him in the head.

32. Alfredo de Araujo and Kalistu Rodrigues died from the injuries.

V. Murders of the group of Clergy and of Agus Muliawan, Izino Freitas

Amaral and others near Lautem Junction on 25 September 1999

33. On or about 25 September 1999 at around 1500 hours, at the port of Com,

Los Palos, JONI MARQUES learnt that a group of clergy that had been in

Lautem distributing food and medicines was about to travel with their vehicle

from Los Palos towards Baucau.

34. JONI MARQUES organized a group of Team Alfa members, including

JOAO DA COSTA alias LEMORAI to join him in an attack on the group of

clergy. Members of the group were armed with SKS rifles. JONI MARQUES also

called upon PAULO DA COSTA, AMELIO DA COSTA and others to join them.

Acting on the instructions of JONI MARQUES, PAULO DA COSTA and AMELIO

DA COSTA obtained a container of additional fuel prior to the group’s departure.

35. PAULO DA COSTA drove the group to Lautem in a red minibus,

registration number DF 77 88 N, marked with the words ‘Cruz Ero’ on the

outside. At the rice warehouse in Lautem, they met with MANUEL DA COSTA,

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HILARIO DA SILVA and other armed Team Alfa members who joined the group

under the command of JONI MARQUES.

36. At around 1600 hours, the mini bus passed Lautem junction and

approached the vicinity of the village of Verokoco. The road passes along the

River Malailana. Two teenage boys, Izino Freitas Amaral and Jose Perreira were

pushing a cart. JONI MARQUES ordered PAULO DA COSTA to stop the

vehicle and catch the boys. PAULO DA COSTA stopped the vehicle and

pursued them. He caught Izino Freitas Amaral, and HILARIO DA SILVA tied

him to a tree along the road. Jose Perreira jumped down the river bank and was

able to escape from shots fired at him by JOAO DA COSTA alias LEMORAI and

stones aimed at him by HILARIO DA SILVA, GONSALO DOS SANTOS and

others.

37. JONI MARQUES then ordered that a roadblock be erected on the road

with large rocks, and placed members of his group in strategic locations on the

western and eastern approaches to reinforce security. JONI MARQUES,

MANUEL DA COSTA and JOAO DA COSTA alias LEMORAI positioned

themselves in the middle of the road. The remaining members of the group,

including PAULO DA COSTA, AMELIO DA COSTA, GONSALO DOS SANTOS

and HILARIO DA SILVA hid themselves near the roadside.

38. Shortly thereafter, a Toyota Hiline vehicle approached the roadblock from

the direction Lautem towards Baucau. In the vehicle were Brother Jacinto

Xavier, Brother Fernando dos Santos, Brother Valerio da Conceicao, Sister

Erminia Cazzagina, Sister Celeste de Carvalho, Agus Muliawan, Cristovao Rudy

Barreto and Titi Sandora Lopes. JONI MARQUES shouted out that this was the

vehicle they had been waiting for. JONI MARQUES, MANUEL DA COSTA and

JOAO DA COSTA alias LEMORAI ordered the vehicle to stop. The vehicle

stopped and JONI MARQUES, MANUEL DA COSTA and JOAO DA COSTA

alias LEMORAI opened fire at it and it’s occupants, killing some and wounding

others.

39. After the shooting stopped, the members of Team Alfa approached the

Vehicle. Those inside the vehicle and those who had managed to get outside,

were attacked with machetes by GONSALO DOS SANTOS, HILARIO DA

SILVA, HORACIO KUSUMOKO (DECEASED) and others. An attempt was

made by HILARIO DA SILVA, PAULO DA COSTA, AMELIO DA COSTA and

others to set the vehicle and the bodies on fire with the fuel that had been

purchased earlier in Com. A male survivor attempted to escape from the vehicle

and was shot by JONI MARQUES. HILARIO DA SILVA, PAOLO DA COSTA,

AMELIO DA COSTA, GONSALO DOS SANTOS and others then pushed down

the vehicle, with the bodies in it, into the river.

40. At the instruction of JONI MARQUES, members of the group the attacked

the two remaining survivors, an injured nun and Izino Freitas Amaral. The nun

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had been dragged to the side of the road and she was praying in a kneeling

position. She was attacked with a machete by HORACIO KUSUMOKO

(DECEASED) and was eventually shot by JONI MARQUES. GONSALO DOS

SANTOS and others then threw her body into the river. Izino Freitas Amaral,

who had been tied to a tree, was attacked with machetes and was killed by

JOAO DA COSTA alias LEMORAI, HILARIO DA SILVA, HORACIO

KUSUMOKO (DECEASED). His body was then thrown into the river. JONI

MARQUES shot at the bodies and threw a grenade in the river to ensure there

were no survivors.

F. PURSUANT TO THE ABOVE THE PROSECUTOR CHARGES:

I. Torture and Murder of Evaristo Lopes, 21 April 1999

By their acts and omissions in relation to events described under C and E I of this

indictment JONI MARQUES, JOAO DA COSTA alias LEMORAI, MAUTERSA

MONIS and GILBERTO FERNANDES committed:

Count 1: Murder, a CRIME AGAINST HUMANITY, punishable under section

5.1(a) of UNTAET Regulation 2000/15

On or about 21 April 1999, in Los Palos Sub-District, Lautem District, Joni

Marques, Joao da Costa alias Lemorai, Mautersa Monis and Gilberto

Fernandes did, with deliberate intent and premeditation, commit, aid, abet

or otherwise assist in the murder of Evaristo Lopes, knowing that it was

part of a widespread or systematic attack directed against a civilian

population in violation of section 5.1(a) of UNTAET Regulation 2000/15.

Count 2: Torture, a CRIME AGAINST HUMANITY, punishable under section

5.1(f) of UNTAET Regulation 2000/15

On or about 21 April 1999 in Los Palos Sub-District, Lautem District, Joni

Marques, Joao da Costa alias Lemorai, Mautersa Monis and Gilberto

Fernandes did with intention commit, aid, abet or otherwise assist in

inflicting severe pain or suffering upon Evaristo Lopes, a person in the

custody or under the control of the accused, knowing that it was part of a

widespread or systematic attack directed against a civilian population in

violation of section 5.1(f) of UNTAET Regulation 2000/15

II. Attacks on Leuro and other villages and the deportation and forcible

transfer of the civilian population, 8 to 30 September 1999.

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By their acts and omissions in relation to events described under C and E II of

this indictment JONI MARQUES, ALARICO FERNANDES, PAULO DA COSTA

and GONSALO DOS SANTOS committed:

Count 3: Deportation or forcible transfer of population, a CRIME AGAINST

HUMANITY punishable under section 5.1(d) of UNTAET Regulation 2000/15.

On days between the 8th and 30th September 1999 at Leuro and other

villages, Los Palos Sub-District, Lautem District, Joni Marques, Alarico

Fernandes, Paulo da Costa and Gonsalo dos Santos did, without

grounds, commit, aid, abet or otherwise assist in the forcible displacement

of persons by expulsion or coercive acts from the area in which they were

lawfully present in violation of section 5.1 (d) of UNTAET Regulation

2000/15.

Count 4: Persecution, a CRIME AGAINST HUMANITY, punishable under

section 5.1(h) of UNTAET Regulation 2000/15

On days between the 8th and 30th September 1999 at Leuro and other

villages, Los Palos Sub-District, Lautem District, Joni Marques, Alarico

Fernandes, Paulo da Costa and Gonsalo dos Santos did intentionally

commit, aid, abet or otherwise assist in the severe deprivation of

fundamental rights of persons by reasons of the identity of their group or

collectivity in violation of section 5.1(f) of UNTAET Regulation 2000/15

III. Abduction and Murder of Alexio Oliveira, 11 September 1999

By their acts and omissions in relation to events described under C and E III of

this indictment JONI MARQUES, PAULO DA COSTA and GONSALO DOS

SANTOS committed:

Count 5: Murder, a CRIME AGAINST HUMANITY, punishable under section

5.1(a) of UNTAET Regulation 2000/15

On or about 11 September 1999, in Los Palos Sub-District, Lautem

District, Joni Marques, Paulo da Costa and Gonsalo dos Santos did,

with deliberate intent and premeditation, commit, aid, abet or otherwise

assist in the murder of Alexio Oliveira, knowing that it was part of a

widespread or systematic attack directed against a civilian population in

violation of section 5.1(a) of UNTAET Regulation 2000/15.

IV. Murder of Alfredo Araujo alias Jose Lemorai and Kalistu Rodrigues,

21 September 1999

15

By their acts and omissions in relation to events described under C and E IV of

this indictment JONI MARQUES, ALARICO FERNANDES and PAULO DA

COSTA committed:

Count 6: Murder, a CRIME AGAINST HUMANITY, punishable under section

5.1(a) of UNTAET Regulation 2000/15

On or about 21 September 1999, near Ira-Ara Sub-Village, Parlamento

Village, Lautem District, Joni Marques, Alarico Fernandes and Paulo da

Costa did, with deliberate intent and premeditation, commit, aid, abet or

otherwise assist in the murder of Alfredo de Araujo alias Jose Lemorai and

Kalistu Rodrigues, knowing that it was part of a widespread or systematic

attack directed against a civilian population in violation of section 5.1(a) of

UNTAET Regulation 2000/15.

V. Murders of a group of clergy, Agus Muliawan and Izno Freitas, 25

September 1999

By their acts and omissions in relation to the events described under C and E V

of this indictment, JONI MARQUES, JOAO DA COSTA, PAULO DA COSTA,

AMELIO DA COSTA, MANUEL DA COSTA, HILARIO DA SILVA and

GONSALO DOS SANTOS committed:

Count 7: Murder, a CRIME AGAINST HUMANITY, punishable under section

5.1(a) of UNTAET Regulation 2000/15

On or about 25 September 1999, in Los Palos Sub-District, Lautem

District, Joni Marques, Joao da Costa alias Lemorai, Paulo da Costa,

Amelio da Costa, Manuel da Costa, Hilario da Silva and Gonsalo dos

Santos did, with deliberate intent and premeditation, commit, aid, abet or

otherwise assist in the murder of Brother Jacinto Xavier, Brother Fernando

dos Santos, Brother Valerio da Conceicao, Sister Erminia Cazzaniga,

Sister Celeste de Carvalho, Agus Muliawan, Cristovao Rudy Barreto, Titi

Sandora Lopes and Izino Freitas Amaral, knowing that it was part of a

widespread or systematic attack directed against a civilian population in

violation of section 5.1(a) of UNTAET Regulation 2000/15.

F. LIST OF VICTIMS

The List of Victims, which forms an integral part of this Indictment, is attached

as Annex A.

16

G. REQUEST FOR TRIAL

The General Prosecutor hereby requests the Special Panel for Serious

Crimes of the District Court of Dili to take jurisdiction and try this Case

expeditiously.

Date:11 December 2000

Amended on 6th March 2001

Mohamed Othman

The General Prosecutor for East Timor

Stuart Alford

Prosecutor for Serious Crimes

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