The Deputy General Prosecutor for Serious Crimes v. Lieutenant Sumino Guilhermino Marcal Jose Larenz

Relevant Sections

- Section 5.1(k) - Crimes Against Humanity - Inhumane Acts

- Section 14 - Individual Criminal Responsibility

- Section 16 - Responsibility of commanders and other superiors


Charges/Focus Topics

- Section 5.1(k) - Inhumane Acts

It includes other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

- Section 14 – Individual Criminal Responsibility

A person who commits a crime within the jurisdiction of the panels shall be individually responsible and liable for punishment in accordance with the present regulation.

- Section 16 - Responsibility of commanders and other superiors

If any of the acts referred to in the said Sections 4 to 7 was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.


Facts and Summary of the case

The widespread or systematic attacks were directed against the civilian population in East Timor in 1999. The attacks occurred during two interconnected periods of intensified violence. The first period was from 27th January 1999 to 4th September 1999 between the Government of Indonesia and the people of East Timor where people were given the chance to vote for independence from Indonesia or for autonomy under the Republic of Indonesia. This period ended on 4 September 1999 and 78.5 percent voted against the autonomy proposal. The second period followed the announcement of the result of the popular consultation on 4 September through 25 October 1999.


The widespread and systematic attack was part of an orchestrated campaign of violence and included Incitement, threats to life, intimidation, unlawful confinement, assaults, forced displacements, arsons, murders, rapes, torture and other forms of violence carried out by members of the pro-autonomy militia, members of the Indonesian Armed Forces, TNI (Tentara Nasionallndonesia) in 1999, and members of the Indonesian Police Forces (POLRI) with the acquiescence and active participation of civilian and military authorities.

The attack was directed against civilians of all ages, but predominantly against individuals who were believed to be independence supporters. The attack resulted in massive and widespread destruction of property, the internal displacement or forcible transfer outside of East Timor of thousands of persons and the infliction of serious injury or death on thousands of victims.


The accused, Lieutenant Sumino, Guilhermino Marcal, and Jose Larenzeira were sentenced by Special Panels for Serious Crimes for Murder, Inhumane Act and Deportation or Forcible Transfer of Populations and Destruction of Property.

Lieutenant Sumino was the TNI Subdistrict Military Commander. Lieutenant Sumino worked under the TNI Dandim (District Military Commander) of Manufahi, Lieutenant Colonel Suwondo. Guilhermino Marcal was the top ABLAI militia Coordinator and militia company commander for Holarua Village. Jose Larenzeira was the militia company commander for Daisua Village.


Artwer Laranzeira was a known pro-independence supporter. He was at his house with his family, when his house was set on fire by the militia groups, knowing that they were inside, led by Guilhermino Marcal.


When Artwer ran out of the house, they attacked him with a machete with successive blows to his face, head, neck and leg. He sustained severe injuries as a result of the attack. When his son, Orlando Corte Real, ran out of the house, an arrow hit him on his lower left cheek coming out the other side through his neck and the militia struck him with a machete on his right ankle. Leaving him with severe injuries.


Teresina Carvalho, his wife, and her daughter, Juliana Corte Real, had to run through the fire to get out of the house and escape. Teresina Carvalho suffered severe burns to her feet, legs and arms. Juliana Corte Real suffered burns to her arms. Teresina Carvalho, as she was running, was confronted by militia who struck her across her head with his machete causing a cut to her forehead.


Observation

Torture is most often bent to fit in a patriarchal society by way of asserting dominance Over one gender. women became a substitute for punishment when their spouses or family members could not be captured. We see this act of asserting dominance followed by imposing punishment and inflicting pain on women when their significant others, who would be involved in the independence movement, could not be captured.

In the current case, although the entire family believed in the independence movement, the husband alone was a known supporter. However, the entire family suffered for his acts, where his son and daughter, who were minors, and his wife were attacked by the militia in an inhumane manner.

At the time of the attack, both children were minors. His son and daughter, eight-years old and four-years old were attacked by the militia groups. We see how the militia groups targeted and attacked without considering the fact that there children who would fall prey to this attack at such young ages. Although the children would heal from their physical injuries, it is impossible to heal from the mental trauma caused due to the attacks.