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Sisto Barros and Cesar Mendonca 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.: 1/2004

Court Documents
15-03-2004 - Indictment
12-05-2005 - First Instance Judgment

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.

Sisto Barros, Cesar Mendonca and Josep Nahak were charged under an Indictment of 15 March 2004 with crimes against humanity, including murder, attempted murder, forcible deportation and persecution. According to the Indictment, various incidents are alleged in which the accused, a members of the Laksaur militia group in East Timor, perpetrated violence against civilians.

The alleged crimes of the accused took place in 1999 during a widespread and systematic attack perpetrated by militia groups, the Indonesian security authorities (TNI) and the Indonesian police force (POLRI) against the civilian population of East Timor. The violence, largely committed against pro-independence civilians, came after Indonesia decided to allow East Timor to choose between autonomy within the Republic of Indonesia, or independence.

The case of Josep Nahak was severed from the Indictment after he was found unfit to stand trial.

On 12 May 2005, Sisto Barros and Cesar Mendonca were convicted of two counts of murder and one count of persecution as crimes against humanity, in addition to one count of an attempt to commit the crime against humanity of murder. Both defendants received a sentence of nine years’ imprisonment which were subsequently upheld by the Court of Appeal.

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Josep Nahak
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