| Documents from the Indonesian Ad Hoc Tribunal for East Timor | ||
| Defendant Tono Suratman | Indictment | |
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Case File No.: 10/HAM/Tim-Tim/2002
Name : TONO SURATMAN
Detainment by Investigator : No. III. INDICTMENT ONE ----- He, the defendant Tono Suratman as Military Post Commander Wira Dharma in East Timor who was on duty since June 10, 1998 until August 13, 1999, on April 5, 1999, April 6, 1999 and on April 17, 1999 or at least in April 1999, in Batublete or on the border of Liquisa and Maubara, at Pastor Rafael Dos Santos' residence in Liquisa Church compound and at Manuel Viegas Carascalao's residence in Jalan Antonio De Cavalho No. 13, Dilli - all of the places were located in East Timor under Article 2 PRESIDENTIAL DECREE No.96/2001 concerning the Changes of PRESIDENTIAL DECREE No. 53/2001 on the Establishment of Human Rights Ad Hoc Court at the Central Jakarta District Court which has the authority to preside and rule over grave Human Rights violations, the defendant as Military Commander in accordance to the guidance of general Territorial Staff of the Army Headquarters has the duty and authority to carry out the territorial guidance consisting of geographical, demography, and social condition guidances as well as has the responsibility to command and control the security and defense operations including controling and inspecting the commands/units under his command ranks-and-file in order to guarantee the achievement of effective and successful targets, he, the defendant who was effectively acted as military commander knew or under the circumstances, should have known that his troops under his command or control had committed or had just committed grave Human Rights violation, namely, a crime against humanity by committing a widespread or systematic attack towards civilians as on April 5, 1999, April 6, 1999 and April 17, 1999 in the form of murder, but the defendant did not take any proper and required action within his authority resulting that his subordinates together with pro integration group had committed an attack towards pro independence group or civilians in Batublete and resulted in two civilians were dead, the attack on civilians or pro independence group who were taking shelter in Liquisa Church compound resulted more or less than 20 people were dead and on civilians who were taking shelter at Manuel Viegas Carascalao's residence resulted more or less than 12 people were dead and the defendant did not prevent and quell the attack or surrender the perpetrators to the appropriate authorities for investigation, question, and prosecution…………….. The deeds were done by the defendant in the form of : -----------Asep Kuswani as Liquisa District Military Commander had reported the clash between pro-integration group and pro-independence group that happended on April 4, 5, 6, 1999 in Liquisa to the defendant as his superordinate. -----------On April 4, 1999 a house belonged to the pro independence group in Pukelaran had been burned, which was committed by pro-integration group, then the pro independence took a revenge by burning down a house owned by a TNI (Indonesian Army) officer. ----------On April 5, 1999 Pro-Integration group masses gathered in Maubara to leave for Liquisa with an intention to attack pro independence group. The arrival of the pro integration group was seen by pro independence group. And under leadership of Jacinto Da Costa Pereira pro independence group intended to stop the integration group to Liquisa and Maubara border. It turned out pro-integration group was supported by TNI troops/ Indonesian Police among others known as Josse Matheus, Tome Diego of District Military Command 1638/ Liquisa equipped with pistols and firearms. More or less than two people from pro independence were dead in the attack and then pro independence ran away and took shelter at Pastor Rafael Dos Santos' residence in Liquisa Church compound. And pro integration masses surrounded the Church compound bringing firearms, home made firearms, arrow, machetes, samurai, knives and other kinds of stick. ---------Based on the report, the defendant on April 6, 1999 has ordered witness Mujiono as Military Post Deputy Commander together with Yayat Sudrajat, Commander of Tribuana Task Force to go to Liquisa to check the situation along with two units of TNI troops and three personnels of S.G.I Tribuana VIII, when they arrived at Liquisa District Military Command Headquarters at 1.00 p.m. Eastern Indonesian Time, they met with District Military Commander, District Police Commander, the Regent and Jhon Rea. During the meeting, District Military Commander reported that the negotiation with Pastor Rafael Dos Santos to surrender Jacinto Da Costa and Gregorio Dos Santos or the leaders of pro independence has failed, because Pastor Rafael Dos Santos was only wiling to surrender as long as Jacinto Da Costa Pereira was questioned and brought to the Provincial Police Headquarters on the grounds that if he was brought to District Police Headquarters, he would be killed. And based on the report, it was decided that Regent Leonita Martins was the one who should negotiate and pick up Jacinto da Costa Pereira, but the Regent did want to do it because he was afraid that he would be shot or killed by Jacinto Da Costa Pereira. To replace him, Police Lieutenant 1st Jhon Rea was appointed but before he left to negotiate and pick up Jacinto Da Costa Pereira, a fire was heard from the church compound and Pro-integration masses who were supported by around 100 personnels from TNI and Polri (Indonesian Police) among others named: 1. Zacarias (TNI), Had attacked and opened shots towards refugees from pro-independence group who were taking shelter inside Pastor Rafael Dos Santos' residence Liquisa church compound. ---------As a result of the attack, a number of people from pro independece group were dead, among others: 1. Jacinto Da Costa Pereira ----------On April 17, 1999, starting at 9.00 a.m. Eastern Indonesian Time, in the courtyard of East Timor Governor, Pam Swakarsa rally was held and attended by around 6000 participants consisted of Pro-integration group: Besi Merah Putih (BMP), Aitarak, Mahidi, Darah Merah and Halilintar which was attended by Governor, District Police Commander and Joao Tavares the commander of Pro Integration Forces (PPI) acting as the leader of the rally. In the big rally Eurico Guterres as Deputy Commander of the Pro Integration Forces as the 2nd speaker and whose speech was broadcast live by Dilli Radio, gave a "command" that was: - All CNRT leaders should be exterminated/killed And at around 11. p.m Eastern Indonesian Time after the big rally was
over pro integration masses equipped with home-made firearms, and arrows
moved towards Leandro Isaac's house and destructed Leandro Isaac's house
until it was destroyed and then they headed towards Manuel Viegas Carrascalao's
house which was occupied by around 136 refugees from Maubara, Ainaro,
Turiscai, Alas, Liquisa. When Manuel Viegas Carrascalao and his daughter
Maria Christiana Carrascalao came back from Komoro airport and headed
towards their house had received a phone call from his son Mario Viegas
Carrascalao alias Manelito not allowing his father to return home because
the house was already surrounded by pro integration masses. Based on the
report Manuel Viegas Carrascalao and his daughter went directly to the
defendant's home to report what was happening and also to seek help from
the defendant, but the defendant answered that "TNI is neutral".
And then Manuel Viegas Carrascalao asked for firearms to protect the refugees
and the defendant replied "ask for it from other place". 1. Jisse Mateus Resulted in more or less than 12 people including Mario Viegas Carrascalao (Manuel Viegas Carrascalao's son) from pro independence group were dead, among others: 1. Raul Das Cansela. ----------The defendant's deeds was a grave Human Rights criminal violation ruled and criminally charged under Article 42 paragraph (1) a and b jis Article 7 b, Article 9 a, Article 42 paragraph (3), Article 37 Law No. 26/2000. TWO ----- He, the defendant Tono Suratman as Military Post Commander Wira Dharma in East Timor who was on duty since June 10, 1998 until August 13, 1999, on April 5, 1999, April 6, 1999 and on April 17, 1999 or at least in April 1999, in Batublete or on the border of Liquisa and Maubara, at Pastor Rafael Dos Santos' residence in Liquisa Church compound and at Manuel Viegas Carascalao's residence in Jalan Antonio De Cavalho No. 13, Dilli - all of the places were located in East Timor under Article 2 PRESIDENTIAL DECREE No.96/2001 concerning the Changes of PRESIDENTIAL DECREE No. 53/2001 on the Establishment of Human Rights Ad Hoc Court at the Central Jakarta District Court which has the authority to preside and rule over grave Human Rights violations, the defendant as Military Commander in accordance to the guidance of general Territorial Staff of the Army Headquarters has the duty and authority to carry out the territorial guidance consisting of geographical, demography, and social condition guidances as well as has the responsibility to command and control the security and defense operations including controling and inspecting the commands/units under his command ranks-and-file in order to guarantee the achievement of effective and successful targets, he, the defendant who was effectively acted as military commander knew or under the circumstances, should have known that his troops under his command or control had committed or had just committed grave Human Rights violation, namely, a crime against humanity by committing a widespread or systematic attack towards civilians as on April 5, 1999, April 6, 1999 and April 17, 1999 in the form of abuse, but the defendant did not take any proper and required action within his authority resulting that his subordinates together with pro integration group had committed an attack towards pro independence group or civilians in Batublete and resulted in 7 civilians were injured, the attack on civilians or pro independence group who were taking shelter in Liquisa Church compound resulted more or less than 21 people were dead and on civilians who were taking shelter at Manuel Viegas Carascalao's residence resulted more or less than 5 people were dead and the defendant did not prevent and quell the attack or surrender the perpetrators to the appropriate authorities for investigation, question, and prosecution……………..
-----------Asep Kuswani as Liquisa District Military Commander had reported the clash between pro-integration group and pro-independence group that happended on April 4, 5, 6, 1999 in Liquisa to the defendant as his superordinate. -----------On April 4, 1999 a house belonged to the pro independence group in Pukelaran had been burned, which was committed by pro-integration group, then the pro independence took a revenge by burning down a house owned by a TNI (Indonesian Army) officer. ----------On April 5, 1999 Pro-Integration group masses gathered in Maubara to leave for Liquisa to attack pro independence group. The arrival of the pro integration group was seen by pro independence group. And under leadership of Jacinto Da Costa Pereira pro independence group stopped the integration group to Liquisa and Maubara border. It turned out pro-integration group was supported by TNI troops and Indonesian Police among others known as Josse Matheus, Tome Diego of District Military Command 1638/ Liquisa equipped with pistols and firearms. More or less than 7 people from pro independence were injured in the attack and then pro independence ran away and took shelter at Pastor Rafael Dos Santos' residence in Liquisa Church compound. And pro integration masses surrounded the Church compound bringing firearms, home made firearms, arrow, machetes, samurai, knives and other kinds of stick.
1. Zacarias (TNI), Had attacked and opened shots towards refugees from pro-independence group who were taking shelter inside Pastor Rafael Dos Santos' residence Liquisa church compound.
1. Fransisco Das Santos. ----------On April 17, 1999, starting at 9.00 a.m. Eastern Indonesian Time, in the courtyard of East Timor Governor, Pam Swakarsa rally was held and attended by around 6000 participants consisted of Pro-integration group: Besi Merah Putih (BMP), Aitarak, Mahidi, Darah Merah and Halilintar which was attended by Governor, District Police Commander and Joao Tavares the commander of Pro Integration Forces (PPI) acting as the leader of the rally. In the big rally Eurico Guterres as Deputy Commander of the Pro Integration Forces as the 2nd speaker and whose speech was broadcast live by Dilli Radio, gave a "command" that was: - All CNRT leaders should be exterminated/killed And at around 11. p.m Eastern Indonesian Time after the big rally was
over pro integration masses equipped with home-made firearms, and arrows
moved towards Leandro Isaac's house and destructed Leandro Isaac's house
until it was destroyed and then they headed towards Manuel Viegas Carrascalao's
house which was occupied by around 136 refugees from Maubara, Ainaro,
Turiscai, Alas, Liquisa. When Manuel Viegas Carrascalao and his daughter
Maria Christiana Carrascalao came back from Komoro airport and headed
towards their house had received a phone call from his son Mario Viegas
Carrascalao alias Manelito not allowing his father to return home because
the house was already surrounded by pro integration masses. Based on the
report Manuel Viegas Carrascalao and his daughter went directly to the
defendant's home to report what was happening and also to seek help from
the defendant, but the defendant answered that "TNI is neutral".
And then Manuel Viegas Carrascalao asked for firearms to protect the refugees
and the defendant replied "ask for it from other place". 1. Jisse Mateus Resulted in more or less than 5 people were injured: ----------The defendant's deeds was a grave Human Rights criminal violation ruled and criminally charged under Article 42 paragraph (1) a and b jis Article 7 b, Article 9 h, Article 37 paragraph (3), Article 37 Law No. 26/2000.
Ad Hoc Prosecuting Attorney
RUSLAN, SH |
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