DomCLIC Project
Country of proceedings: East Timor (District Court of Dili)
Context of crimes: East Timor
Date: 2003 - 2005
Keywords: Crimes against humanity (murder, torture, persecution)
Case No.: 11-2003
Court Documents
28-02-2003 - Indictment
11-12-2003 - Judgement
17-02-2005 - Court of Appeal Decision (in Portuguese)
Presentation of the case
Marcelino Soares is a former Babinsa, or village-level Commander, of the Indonesian Armed Forces (TNI). In East Timor in 1999, the TNI, the Indonesian police force (POLRI) and more than twenty militia groups waged a widespread campaign of violence against the civilian population in the country, largely perpetrating crimes against pro-independence civilians.
Soares was indicted on three counts of crimes against humanity for murder, torture and persecution. The charges relate to the arrest and torture of members of an East Timorese pro-independence group, and the subsequent murder of one of the members. Soares was indicted on the basis of his individual responsibility as well as on the basis of his command responsibility for the actions of his subordinates.
On 11 December 2003, Soares was found guilty of each of the charges and sentenced to 11 years’ imprisonment. The decision and sentence were both upheld by the Court of Appeal in February 2005.
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