Minimum jail sentence sought for militia leader
Minimum jail sentence sought for militia leader
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta
State prosecutors demanded on Thursday a minimum ten-year jail
sentence for Eurico Guterres, the former commander of a notorious
East Timorese prointegration militia group, for gross human
rights violations in East Timor in 1999.
Prosecutor Muhamad Yusuf told the court the defendant was
guilty of provoking his subordinates to attack the home of East
Timorese pro-independence leader Manual V. Carrascalao in Dili.
"The defendant had the command responsibility. Unfortunately,
he failed to perform his duty to prevent subordinates from
committing crimes. He also provoked the attack ...," Yusuf told
the court.
On April 17, 1999, the pro-Indonesia militia led by Guterres,
attacked Carrascalao's home where dozens of pro-independence
supporters had taken refuge. Twelve people were killed, including
Carrascalao's son Manuelito.
Guterres was then the commander of the Aitarak prointegration
group and deputy commander of the Integration Fighters Legion
(PPI).
The East Timorese is facing charges of crimes against humanity
under the 1999 law on rights tribunals, a sentence which carries
a minimum penalty of ten years jail and a maximum penalty of
death.
During its sentence demand, the prosecution said a remorseless
Guterres ignored information to avoid or to stop the attack that
left a number of dead.
In mitigation, Eurico, now a leading member of the youth wing
of President Megawati's ruling PDI-Perjuangan political party,
had cooperated with investigators, was still young, and he had
also, during that delicate time, promoted many efforts to restore
peace, Yusuf said.
"The defendant has also been punished by being exiled from
East Timor."
Presiding Judge Herman Heller Hutapea adjourned the hearing
for one week to hear the defense plea.
"The whole thing is just a conspiracy," Guterres was quoted by
AFP as saying after the trial.
Last week Eurico said he had no regret for his actions in East
Timor.
"The charges are baseless because the parties responsible for
security in East Timor were the military and police, not me," he
said.
Eurico is the first militia leader to stand trial in the Ad
Hoc Human Rights court.
A total of 18 people have been or will be tried for alleged
gross human rights violations in East Timor in 1999.
Many human rights campaigners, however, have criticized the
trial which they say has failed to incriminate top military
leaders.
In addition, the court found former East Timor police chief
Gen. Timbul Silaen, former Suai regent Col. Herman Sedyono along
with two of the district's military officers and police chief not
guilty. The prosecutors had demanded sentences of more than ten
years in jail for each of the accused.
Only former governor Abilio Soares has been convicted. He was
jailed for three years.