Nahak, Josep fr

Country of proceedings: East Timor (District Court of Dili)
Context of crimes: East Timor
Date: 2004 - 2005
Keywords: Crimes against humanity (murder, attempted murder, forcible deportation, persecution)

Case No.: 1a/2004

Court Documents
15-03-2004 - Indictment
01-03-2005 - Decision on Competency to stand trial

Presentation of the case
In 1999, a widespread and systematic attack was perpetrated against the civilian population of East Timor by more than twenty-five militia groups, the Indonesian security authorities (TNI) and the Indonesian police force (POLRI). Violence was waged largely against the pro-independence population following the decision by Indonesia to allow East Timor to choose between autonomy within the Republic of Indonesia, or independence.

Josep Nahak was originally indicted alongside two other accused for murder, attempted murder, forcible deportation and persecution as crimes against humanity. Nahak was a member of the Laksaur militia group that terrorized the pro-independence. However, Nahak’s case was severed from the Indictment after his Defence filed motions concerning his competency to stand trial.

At the time, no constitutional or statutory provisions concerning an accused’s competency to stand trial were available, thus the Court had to resort to applying international law. In doing so the Court developed new legal standards for East Timor. Nahak was found by the Court to be unfit to stand trial, based on conduct and behaviour evidencing a mental disturbance which impair his rational and factual understanding of the charges. The decision was rendered with the proviso that should he later become competent then the Court reserves the right to order him to stand trial.

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