PRELIMINARY HEARING OF F-FDTL SUSPECTS IN APRIL-MAY

C O N F I D E N T I A L SECTION 01 OF 02 DILI 000015

SIPDIS

NOFORN

DEPARTMENT FOR EAP/MTS
USUN FOR RICHARD MCCURRY
NSC FOR HOLLY MORROW
PACOM FOR JOC AND POLAD
SIPDIS

E.O. 12958: DECL: 1/16/2017
TAGS: PGOV PREL PHUM KJUS ID UN TT
SUBJECT: PRELIMINARY HEARING OF F-FDTL SUSPECTS IN APRIL-MAY
VIOLENCE

REF: DILI 008

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CLASSIFIED BY: Elizabeth S. Wharton, Political/Economic Officer,
U.S. Embassy Dili, Department of State.
REASON: 1.4 (d)

1. (U) Summary: On January 12, a preliminary hearing was held
for 12 suspects in the April-May, 2006 violence, 11 of whom aQ
members of the armed forces (F-FDTL). This marked the first
judicial step that has been taken to date vis-`-vis any member
of the F-FDTL. As a result of the hearing, three F-FDTL and one
national police (PNTL) officer were sent to pre-trial detention
and the remaining suspects given conditional release. The large
presence of over 100 F-FDTL members at the court - some of whom
were armed - has led to concern that the process could be
subject to intimidation / pressure.


2. (U) On Jan 12, international judge Ivo Nelson de Caires
Baptista Rosa held a preliminary hearing, closed to the public,
for 12 suspects in the April and May 2006 violence, including 11
F-FDTL members and one from PNTL. Six of the F-FDTL suspects
are recommended for prosecution in the UN Commission of Inquiry
report for their role in the May 25 shooting of unarmed
UN-escorted police. One is recommended in the report for
further investigation for a shooting that took place on April 28
after the F-FDTL was called in to respond to riots. The
remaining suspects, including the PNTL officer, are not named in
the report. The hearing resulted in four of the suspects, three
F-FDTL and one PNTL, being assigned to pre-trial detention in
Becora prison in Dili and the remaining eight given conditional
release and required to report to the F-FDTL headquarters weekly.


3. (U) The four sent to pre-trial detention were:
-- Raimundo Madeira, recommended for prosecution by COI for May
25 police shootings
-- Paulo da Conceicao aka Mau Kana, recommended for further
investigation by COI for April 28 shooting
-- Renilde Corte Real da Silva, not named by in COI
-- Inspector Jose Neto Mok, PNTL's Chief of Intelligence, not
named in COI but accused by a number of police of having been
involved in the May 25 F-FDTL attack on PNTL headquarters and
subsequent shooting of unarmed PNTL


4. (U) The eight given conditional release were:
-- Nelson Francisco Cirilo da Silva, recommended for prosecution
by COI for May 25 police shootings
-- Francisco Amaral, recommended for prosecution by COI for May
25 police shootings
-- Armindo da Silva, recommended for prosecution by COI for May
25 police shootings
-- Paulino da Costa, recommended for prosecution by COI for May
25 police shootings
-- Jose da Silva, recommended for prosecution by COI for May 25
police shootings
-- Venancio Gomes, not named by in COI
-- Ermenegildo de Araujo, not named by in COI
-- Mau Quinta Ximenes, not named by in COI


5. (U) Throughout the hearing, which commenced at around 3:00pm,
a large number of F-FDTL members in full uniform were present
along the street in front of the court, as well as on the
grounds and inside the court building. The reason many of them
gave regarding their presence was that they were there in a show
of "solidarity" with their colleagues. While most did not
appear to be armed, several soldiers outside the building's
exterior perimeter were carrying long arms, which they conveyed
were for their security arrangements. No armed F-FDTL were seen
to actually enter the building. (Note: Additionally, whereas it
is typical to see more F-FDTL members bearing arms in Dili than
not, it did appear that there was a smaller percentage of armed
soldiers than what is generally the norm.)


6. (U) In addition to over 100 F-FDTL soldiers, a large part
of the F-FDTL leadership was also present during the afternoon.
Colonel Lere Anan Timor was quoted as stating to journalists
that the F-FDTL would respect the decision of the court and that
the suspects should alQ do so. In its report the JSMP
(Judicial System Monitoring Project) acknowledged that in the

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absence of a military court F-FDTL members may have wanted to
show solidarity with their comrades, but that civilians would
likely perceive this presence as intended to pressure and
intimidate court actors. Other human rights monitors reiterated
this sentiment in statements reported in the press over the
weekend.


7. (C/NF) UNPOL were also onsite, but kept a very low profile
and were reportedly armed with pistols only. An Australian
diplomat informed us yesterday that the they had strongly urged
UNPOL to secure and cordon off the entire area around Dili
district court as has been done around the Court of Appeals for
the trial of former Minister of Interior, Rogerio Lobato, and to
prevent F-FDTL or any others from getting close to the
proceedings. They expressed irritation with UNPOL's performance
in this regard. The UNMIT Chief of Staff, however, in response
to questions regarding these arrangements, reported that they
had not known about the hearing until the last minute and
therefore did not have time to implement sufficient security.


8. (U) A local newspaper today headlined the concern about
F-FDTL's presence at the court and reported that the former Vice
Minister of Justice, Isabel Ferreira, who is also the wife of
F-FDTL commander, Brigadier General Taur Matan Ruak, visited the
three detained F-FDTL members at Becora prison on Monday,
January 15. According to the news story, she encouraged them to
not feel that they are alone and to regard their incarceration
as an opportunity for reflection. The detainees were quoted as
appealing to her for a more accelerated pace of justice, noting
that two other suspects in the April-May violence who are
currently in detention, Oan Kiak and Abilio Mausoco (Mesquita)
have not seen any progress in their cases.


9. (SBU) As the only instance to date of any F-FDTL members
being held judicially responsible for the events of April and
May 2006, this is a positive first step and the F-FDTL
leadership's cooperation with the process is a good sign.
However, the large presence of uniformed and in many cases armed
F-FDTL near the court building during the hearing was of
concern, and continued shows of "solidarity" such as this will
not be conducive to an impartial judicial process in an
environment without intimidation. Also of note is the fact that
this hearing was initiated by an international judge and carried
out with mostly international judicial actors, including the
prosecutor. The next step in the process, producing indictments
for individuals for which there is sufficient evidence as well
as any trials, will of necessity involve more Timorese court
actors, who will be more susceptible to intimidation as well as
political pressure the Government may bring to bear on the
process.
GRAY