|Documents from the Indonesian Ad Hoc Tribunal for East Timor|
|Defendant Letkol Inf. Soedjarwo||Indictment|
Case File No.: 06/HAM/ Timor-Timur/05/2002
1. THE DEFENDANT
Name : SOEDJARWO
II. The defendant was not detained
He, the defendant: SOEDJARWO as District Military Commander 1627 / Dilli
on September 3, 5 and 6, 1999 or at least in September 1999, at Dilli
Diocesan Office in East Timor and at Bishop Bello residence compound or
in other places in Dilli City, East Timor territory, or at least in certain
places in accordance with article 2 Presidential Decree No. 96/2001 dated
August 1, 2001 Human Rights Ad Hoc Court at the Central Jakarta District
Court which has the authority to preside and rule over the case above.
The defendant as a Military Commander or as a person who effectively performed
as Military Comander, could be responsible for criminal deeds under the
jurisdiction of Human Rights Court, which was committed by troops under
his command and effective control or under his authority and effective
control and the criminal deeds was committed as a result of unappropriate
control of the troops, which was the Defendant as Military Commander
The deeds were committed in the form of:
- Since September 3, 1999 until September 5, 1999 in Dilli Diocesan refugees had gathered and continued until more or less than 5000 people.
- On Sunday September 5, 1999 around 2. p.m. Eastern Indonesian Time, after the announcement of the result of popular consultation/ballot in Dilli, East Timor, won by Pro Independence group, the result made the Pro Integration upset because they suspected of unfairness, that were, faking ballot cards done by UNAMET and LEKTORAL which most of them were Pro Independence, and after knowing that ballot cards were scattered on the street and on the courtyard around Dilli Diocesan office and around Bishop Bello's house, then Pro Integration group attacked - in the form of shooting using homemade firearms, stabbing and slaughter with machetes and samurai - towards the Pro Independence refugees who were taking shelter at Dilli Diocesan office and resulting in wounded civilians and refugees, namely, Nelio Masquita Da Costa Rego, Nonato Soares, Joao Berhandino Soares and Vicente A.G De Sousa. The attack against the refugees at Dilli Diocesan was also done in the form burning down Dilli Diocesan building resulting in the building was destroyed.
- On Monday, September 6, 1999, around 11.00 p.m. Eastern Indonesian
Time, the Integration group consisted of militia members and several TNI
(Indonesian Army) troops wearing militia uniforms had come to Bishop Bello's
house and they insisted refugees of Pro Independence group who were taking
shelter inside the house to go out of the house. After the refugees of
Pro Independence group went out and gathered in Bunda Maria park in front
of Bishop Bello's house, not long after that a shout "ATTACK"
was heard, then Pro Integration group consisted of militia members and
several TNI troops wearing militia uniforms attacked in the form of shooting
- The defendant as Military Commander should have prevented or quelled the TNI troops' deeds who participated in attacking Dilli Diocesan and Bishop Bello' house, however that action was not performed by the defendant.
- After the incident, the defendant as Military Commander should have surrendered the TNI troops who were participating in grave human rights violation, namely, the attack of Dilli Diocesan and Bishop Bello's house resulting in dead and wounded victims, but that action was not performed by the defendant.
- The defendant deeds were ruled and criminally charged under Article 7 b jis Article 9 a, Article 42, paragraph (1) a and b, Article 37 Law No. 26/2000 concerning the Human Rights Court.
He, the defendant SOEDJARWO as District Military Commander 1627/ Dilli on September 5, 1999 or at least in September 1999 in Dilli Diocesan office East Timor and Bishop Bello's residence compound or in other places in the city of Dilli East Timor or at least in aother place according to Article 2 Presidential Decree No 96/2001, Human Rights Ad Hoc Court based on Central J ..