| Documents from the Indonesian Ad Hoc Tribunal for East Timor | ||
| Defendant Timbul Silaen | Indictment | |
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Case File No: 01/HAM/TIM-TIM/02/2002 I. DEFENDANT Name : Drs. G.M. TIMBUL SILAEN II. DETAINMENT Investigator : Investigator had not detained the defendant III. INDICTMENT: ONE : The defendant Drs. G.M. TIMBUL SILAEN as East Timor Provincial Police Commander during June 1998 to September 1998 and as Commander of Security Operations under New York Agreement (Tri Partit) dated May 5, 1999 who had the authority and responsibility to safeguard and conduct security measures and public order, security operations, law enforcement and civil service, as well as to give operational guidance and direction to police districts and their rank-and-files in his territory, but he did not use the authority and responsibility properly, in particular in the field of security and order of the society (KAMTIBNAS), herewith on April 6 and 17, 1999 and on September 5 and 6, 1999 or at least in the months of April and September 1999, located at Pastor Rafael Dos Santos's residence compound in Liquisa, Liquisa Regency, at Manuel Viegas Carascalao's residence in Jalan Antonio De Calvalho No.13, Dilli, Dilli Regency, at Bishop Bello's residence in Dilli and at Ave Maria Church compound in Suai, Covalima Regency; all of the places are located in East Timor Province or at least in one of places in Liquisa, Dilli or Covalima in East Timor Province under Human Rights Ad Hoc Court jurisdiction based on Central Jakarta District Court verdict as stated in PRESIDENTIAL DECREE No. 96, 2001 dated August 1, 2001 concerning the change of PRESIDENTIAL DECREE No. 53, 2001 on the Establishment of Human Rights Ad Hoc Court in Central Jakarta District Court; the defendant as a superordinate (East Timor Provincial Police Commander and Commander of Security Operations has commited grave human rights violation, herewith as a superordinate (East Timor Provincial Police Commander and Commander of Security Operations), he had responsibility to conduct and maintain the KAMTIBNAS in East Timor, and he held criminal responsibility for crimes against humanity in the form of murder executed as part of a widespread and systematic attack, known to the defendant that the attack aimed directly at the civilians, carried out by his subordinates under his control, because the defendant as a superordinate had the authority to command police districts and their rank-and-files in Dilli, Liquisa and Covalima as well as the militias, such as Aitarak group, Besi Merah Putih (BMP) group and the civil guard (Pam Swakarsa) under his control in the field of KAMTIBNAS, did not exert appropriate control over his subordinates in the sense that he knew or deliberately ignored information that clearly showed that his subordinates were committing, or had just committed, grave human rights violation and took no appropriate action when it was his responsibility to prevent or stop these actions or to hand the offenders over to the appropriate authorities for investigation, question, and prosecution. The actions committed by the defendant was done in the form of:-------------------------- In maintaining and conducting the KAMTIBNAS, the defendant as East Timor Provincial Police Commander and Commander of Security Operations, was assisted by staffs and in the field was assisted by district police commanders and their rank-and-files in East Timor territory according to the East Timor Provincial District Organizational Charts mentioned in SKEP POLRI No. POL.SKEP-14/XII/1993 dated December 31, 1993 on the Principle and Procedure of the Bodies of Regional Police Level. The defendant as East Timor Provincial Police Commander and Commander of Security Operations deliberately knew that he has the authority, duty and responsibility to carry out the Kamtibnas in East Timor territory. After Indonesian government made policies to conduct a popular consultation for East Timor people under PRESIDENTIAL DECREE No. 43, 1999 dated May 18, 1999 concerning the Team for Organizing and Supervising the Agreement between Indonesian Government and Portugal on East Timor Affairs, later followed by Presidential Instruction No.5, 1999 concerning the Steps of Execution with regards to the enactment of the Agreement between Indonesian Government and Portugal on East Timor Affairs, later elaborated in the Coordinating Minister of Politics and Security's Decision No.13/MENKO/POLKAM/1999 dated June 2, 1999 concerning the Task Force of the Coordinating Minister of Politics and Security as Head of the Team for Organizing and Supervising the Agreement between Indonesian Government and Portugal on East Timor Affairs, taking a policy to conduct a ballot/popular consultation for East Timor people to determine whether the East Timor Province would or would not recede from Indonesia's territory, public order and security began to rise resulting in disputes, conflicts, and enmities between pro-integration/autonomy groups consisting of Aitarak mass, BMP (Besi Merah Putih) mass, Pam Swakarsa (civil guard), with pro-independence masses in defending their groups' interests. The disputes, conflicts, and enmities become more extensive, as on April 6, 1999, pro-independence group under the leadership of Jacinto Da Costa Pereira (leader of Dato Village) has attacked and threaten to murder pro-integration/autonomy masses in Mabuara and took 2 (two) hostages from masses of pro-integration/autonomy group. As a result of the attack, threat of murder, and confinement, masses of pro-integration/autonomy group (under the leadership of Eurico Guetteres and Manuel Sousa), carrying home-made firearms and knives, hunted down the pro-independence masses to take revenge. The actions of both sides - masses of pro-independence and pro-integration/autonomy groups - has been reported by Liquisa district police commander, who monitored the situation, to the Deputy Commander of Provincial Police because the Provincial Police Commander was in Jakarta at that time, and the Deputy Commander of Provincial Police then ordered the Liquisa police to back up the situation. When the pro-integration/autonomy masses arrived in Liquisa territory - which was under Liquisa district police jurisdiction - the masses, which was supported by more or less than 100 Indonesian army/police (TNI/Polri) personnels, among others, named: 1. Tome Diego (member of TNI from Liquisa District Military Command/KODIM) 1. Cesar Dos Santos On April 17, 1999 around 9.00 a.m. Indonesian Eastern Time during Pam Swakarsa (civil guard) rally held in East Timor Government courtyard office, which was attended by several government officials such as East Timor Governor Abelio Jose Soares, and Eurico Gutteres as Deputy Commander of the Pro-Integration Forces who was one of the speakers, delivered that: - all CNRT leaders should be exterminated On that time, Manuel Viegas Carascalao has come to a security post of the Dilli District Police to report the actions of the pro-integration/autonomy group and demanded protection, and based on the Manuel Viegas Carascalao's report, the police officer forwarded it to the Deputy Commander of Provincial Police because the Provincial Police Commander was in Jakarta, when at that time the Deputy Commander of Provincial Police gave a direction to make any prevention, but the Dilli Police rank-and-file ignored the direction, therefore the masses of pro-integration/autonomy group was able to move on. When masses of the pro-integration/autonomy group reached Manuel Viegas Carascalao's and Leandro Isaac's residential compounds, and realizing that the compounds were used as refuge places by masses of pro-independence group, Masses of pro-integration/autonomy group directly attacked masses of pro-independence group which led to a clash between pro-integration/ autonomy group with masses of pro-independence group without any intervention or prevention from security apparatuses especially the Dilli police, or at least the Dilli police as security apparatuses did not make any effort to disarm the homemade firearms or knives carried by both conflicting groups, which eventually resulting in the destruction of Carascalao's home due to the fire set by masses of pro-integration/autonomy group and the death of more or less than 12 civilians killed, among others, Mario Manuel Carrascalao (Manelito). Following the event, in the afternoon, upon the arrival of the Provincial Police Commander in East Timor from Jakarta, the Deputy Commander of Provincial Police reported the attacks of Manuel Viegas Carascalao's and Leandro Isaac's residences, which were committed by masses of pro integration/autonomy group to the Provincial Police Commander, who only gave a direction to investigate both groups of pro integration/autonomy and pro-independence. On September 5, 1999, after the implementation of ballot/popular consultation, the masses of pro-integration/autonomy group that experienced defeat in votes, the masses of pro-integration/autonomy group that suspected of counting unfairness and irregularity conducted by UNAMET and pro-independence group, and that UNAMET did not act as a neutral body. Even the objection raised by masses of pro-integration/autonomy group was not answered by UNAMET, led to the dissatisfaction from the masses of pro-integration/autonomy group, and as a consequence of the dissatisfaction the masses of pro-integration/autonomy group, which were equipped by knives and homemade firearms, attacked masses of pro-independence consisting of civilians whom they knew were taking refuge in the Dilli diocesan compound in Dilli police jurisdiction territory. This attack has been reported by the Commander of Dilli Police or by the police officers in the field to Provincial Police Commander through walkie talkie and at that time the Provincial Police Commander gave a direction to localize the conflict, but Dilli Police and other security personnels did not take any localizing effort nor any attempt to quell or prevent the attack of masses of pro-integration/autonomy group against masses of pro-independence group, or at least Dilli Police and other security apparatuses did not attempt to disarm knives and homemade firearms carried by masses of pro-integration/autonomy group, resulted in the destruction of a building in Dilli diocesan due to the fire set by masses of pro-integration/autonomy group, and the death of 2 (two) civilians, each named: 1. Jose Malon Da Costa On September 6, 1999 around 10.00 a.m. Indonesian Eastern Time, equipped with knives and homemade firearms, masses of pro integration/autonomy group marched toward Bishop Bello's residence - in Dilli Police jurisdiction territory - where they knew masses of pro-independence group consisting of civilians were taking shelter and refuge. Upon arrival at the Bishop Bello's residence, the masses of pro-integration/autonomy group, who had already known that masses of pro-independence group had been taking shelter there, entered Bishop Bello's residence and attacked civilians of the masses of pro-independence group without any intervention and control from security apparatuses, particularly the Dilli Police, or at least the Dilli Police or security apparatuses did not attempt to disarm knives and homemade firearms belong to masses of pro-integration/autonomy group. The attack of Bishop Bello's residence has been reported through walkie talkie by Dilli Police field officers to Provincial Police Commander and at that very moment the Provincial Police Commander issued an order to prevent the offence/attack and issued an order to protect Bishop Bello by bringing him to East Timor Provincial Police Command. But before the order was executed, masses of pro-integration/autonomy group attacked Bishop Bello's residence, resulted in the burning of Bishop Bello's residence by pro-integration/autonomy group and the death of 13 anonymous civilians. On the same day, masses of pro-integration/autonomy group equipped with knives and homemade firearms and led by Olivio Mandoza carried forward their action by moving toward Ave Maria Church compound in Suai Covalima- a place under the jurisdiction of Covalima Police- which they knew was a place for masses of pro-independence civilians group to take shelter and refuge. Upon arrival at that place and knowing that masses of pro-independence group were taking shelter there, masses of pro-integration/autonomy group entered the church compound and attacked civilians from masses of pro-independence group without any intervention from security apparatuses, particularly the Covalima Police, which resulted in 27 civilians killed. Their names, among others, were: 1. Pastor Taesicus Dewanto The defendant's deeds were ruled and charged under Article 42, paragraph 2 (a) and (b) and Article No. 7 (b) , Article 9 (a), Article 37 of the Law No 26/2000 on on Human Rights Court. TWO: The defendant Drs. G.M. TIMBUL SILAEN as East Timor Provincial Police Commander during June 1998 to September 1998 and as Commander of Security Operations under New York Agreement (Tri Partit) dated May 5, 1999 who had the authority and responsibility to safeguard and conduct security measures and public order, security operations, law enforcement and civil service, as well as to give operational guidance and direction to police districts and their rank-and-files in his territory, but he did not use the authority and responsibility properly, in particular in the field of security and order of the society (KAMTIBNAS), herewith on April 6 and 17, 1999 and on September 4, 1999 or at least in the months of April and September 1999, located at Pastor Rafael Dos Santos's residence compound in Liquisa, Liquisa Regency, at Manuel Viegas Carascalao's residence in Jalan Antonio De Calvalho No.13, Dilli, Dilli Regency and at UNAMET office in Liquisa; all of the places are located in East Timor Province or at least in one of places in Liquisa, Dilli or Covalima in East Timor Province under Human Rights Ad Hoc Court jurisdiction based on Central Jakarta District Court verdict as stated in PRESIDENTIAL DECREE No. 96, 2001 dated August 1, 2001 concerning the change of PRESIDENTIAL DECREE No. 53, 2001 on the Establishment of Human Rights Ad Hoc Court in Central Jakarta District Court; the defendant as a superordinate (East Timor Provincial Police Commander and Commander of Security Operations has commited grave human rights violation, herewith as a superordinate (East Timor Provincial Police Commander and Commander of Security Operations), he had responsibility to conduct and maintain the KAMTIBNAS in East Timor, and he held criminal responsibility for crimes against humanity in the form of abuse committed as part of a widespread and systematic attack, known to the defendant that the attack aimed directly at the civilians, carried out by his subordinates under his control, because the defendant as a superordinate had the authority to command police districts and their rank-and-files in Dilli, Liquisa and Covalima as well as the militias, such as Aitarak group, Besi Merah Putih (BMP) group and the civil guard (Pam Swakarsa) under his control in the field of KAMTIBNAS, did not exert appropriate control over his subordinates in the sense that he knew or deliberately ignored information that clearly showed that his subordinates were committing, or had just committed, grave human rights violation and took no appropriate action when it was his responsibility to prevent or stop these actions or to hand the offenders over to the appropriate authorities for investigation, question, and prosecution. The actions committed by the defendant was done in the form of:-------------------------- In maintaining and conducting the KAMTIBNAS, the defendant as East Timor Provincial Police Commander and Commander of Security Operations, was assisted by staffs and in the field was assisted by district police commanders and their rank-and-files in East Timor territory according to the East Timor Provincial District Organizational Charts mentioned in SKEP POLRI No. POL.SKEP-14/XII/1993 dated December 31, 1993 on the Principle and Procedure of the Bodies of Regional Police Level. The defendant as East Timor Provincial Police Commander and Commander of Security Operations deliberately knew that he has the authority, duty and responsibility to carry out the Kamtibnas in East Timor territory. After Indonesian government made policies to conduct a popular consultation for East Timor people under PRESIDENTIAL DECREE No. 43, 1999 dated May 18, 1999 concerning the Team for Organizing and Supervising the Agreement between Indonesian Government and Portugal on East Timor Affairs, later followed by Presidential Instruction No.5, 1999 concerning the Steps of Execution with regards to the enactment of the Agreement between Indonesian Government and Portugal on East Timor Affairs, later elaborated in the Coordinating Minister of Politics and Security's Decision No.13/MENKO/POLKAM/1999 dated June 2, 1999 concerning the Task Force of the Coordinating Minister of Politics and Security as Head of the Team for Organizing and Supervising the Agreement between Indonesian Government and Portugal on East Timor Affairs, taking a policy to conduct a ballot/popular consultation for East Timor people to determine whether the East Timor Province would or would not recede from Indonesia's territory, public order and security began to rise resulting in disputes, conflicts, and enmities between pro-integration/autonomy groups consisting of Aitarak mass, BMP (Besi Merah Putih) mass, Pam Swakarsa (civil guard), with pro-independence masses in defending their groups' interests. The disputes, conflicts, and enmities become more extensive, as on April 6, 1999, pro-independence group under the leadership of Jacinto Da Costa Pereira (leader of Dato Village) has attacked and threaten to murder pro-integration/autonomy masses in Mabuara and took 2 (two) hostages from masses of pro-integration/autonomy group. As a result of the attack, threat of murder, and confinement, masses of pro-integration/autonomy group (under the leadership of Eurico Guetteres and Manuel Sousa), carrying home-made firearms and knives, hunted down the pro-independence masses to take revenge. The actions of both sides - masses of pro-independence and pro-integration/autonomy groups - has been reported by Liquisa district police commander, who monitored the situation, to the Deputy Commander of Provincial Police because the Provincial Police Commander was in Jakarta at that time, and the Deputy Commander of Provincial Police then ordered the Liquisa police to back up the situation. When the pro-integration/autonomy masses arrived in Liquisa territory - which was under Liquisa district police jurisdiction - the masses, which was supported by more or less than 100 Indonesian army/police (TNI/Polri) personnels, among others, named: 1.Tome Diego (member of TNI from Liquisa District Military Command/KODIM) 1. Jose Munes On April 17, 1999 around 9.00 a.m. Indonesian Eastern Time during Pam Swakarsa (civil guard) rally held in East Timor Government courtyard office, which was attended by several government officials such as East Timor Governor Abelio Jose Soares, and Eurico Gutteres as Deputy Commander of the Pro-Integration Forces who was one of the speakers, delivered that: - all CNRT leaders should be exterminated On that time, Manuel Viegas Carascalao has come to a security post of the Dilli District Police to report the actions of the pro-integration/autonomy group and demanded protection, and based on the Manuel Viegas Carascalao's report, the police officer forwarded it to the Deputy Commander of Provincial Police because the Provincial Police Commander was in Jakarta, when at that time the Deputy Commander of Provincial Police gave a direction to make any prevention, but the Dilli Police rank-and-file ignored the direction, therefore the masses of pro-integration/autonomy group was able to move on. When masses of the pro-integration/autonomy group reached Manuel Viegas Carascalao's and Leandro Isaac's residential compounds, and realizing that the compounds were used as refuge places by masses of pro-independence group, Masses of pro-integration/autonomy group directly attacked masses of pro-independence group which led to a clash between pro-integration/ autonomy group with masses of pro-independence group without any intervention or prevention from security apparatuses especially the Dilli police, or at least the Dilli police as security apparatuses did not make any effort to disarm the homemade firearms or knives carried by both conflicting groups, which eventually resulting in the destruction of Carascalao's home due to the fire set by masses of pro-integration/autonomy group and wounded civilians, named: 1. Victor Dos Santos (Apin), wounded on his left hand and middle finger Following the event, in the afternoon, upon the arrival of the Provincial Police Commander in East Timor from Jakarta, the Deputy Commander of Provincial Police reported the attacks of Manuel Viegas Carascalao's and Leandro Isaac's residences, which were committed by masses of pro integration/autonomy group to the Provincial Police Commander, who only gave a direction to investigate both groups of pro integration/autonomy and pro-independence. On September 4, 1999, after the implementation of ballot/popular consultation, the masses of pro-integration/autonomy group that experienced defeat in votes, the masses of pro-integration/autonomy group that suspected of counting unfairness and irregularity conducted by UNAMET and pro-independence group, and that UNAMET did not act as a neutral body. Even the objection raised by masses of pro-integration/autonomy group was not answered by UNAMET, led to the dissatisfaction from the masses of pro-integration/autonomy group, and as a consequence of the dissatisfaction the masses of pro-integration/autonomy group, which were equipped by knives and homemade firearms, destructed UNAMET office in Liquisa in Liquisa Police jurisdiction territory without any attempt to prevent and quell or at least any effort to disarm the homemade firearms and knives carried by masses of the pro-integration/autonomy group by security apparatus especially Liquisa Police, resulted in the destruction of UNAMET office in Liquisa as committed by masses of pro-integration/autonomy group and resulted in 1 (one) wounded person, named Oscandrad Seira. This attack to UNAMET office has been reported by the Commander of Liquisa District Police to Provincial Police Commander and at that time the Provincial Police Commander gave a direction to arrest immediately the perpetrators and process them thoroughly, maintain security by adding personnels, and take a stern measure against those who had disrupted the Kamtibmas The defendant's deeds were ruled and charged under Article 2, paragraph 2 (a) and (b) jis Article No. 7 (b) , Article 9 (h), Article 40 of the Law No 26/2000 on Human Rights Court. Jakarta, February 19, 2002 AD HOC PROSECUTOR |
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