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Jail sentences sought for four Timorese

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MateBEAN - May 5, 1998

Semarang – Jail sentences of between 3 and 4 years were sought for four East Timorese students undergoing trial in Semarang, Central Java on charges of possessing explosives. The foru students, Domingus Natalino, Joaqim Santana, Fernao Pedro Malta and Ivo Salvador were charged under Article No. 12/DRT/1951 of the Criminal Code, and Article No. 8/1985 regarding possession of explosive material and involvement in illegal organizations. The Prosecutor, Abdul Gafar Kamba, charged that they were involved in an outlawed organization on the basis of their membership in the Socialist Association of Timor (AST).

Sentences of four years in Jail were sought for Domingus Natalino and Joaqim Santana; three year sentences were sought for Fernao Pedro Malta and Ivo Salvador. Yanuar PW, of the defense team for the four students said that they were completely innocent. The security forces, according to Yanuar, arrested the four without clear evidence. The articles submitted by the prosecution to the court as evidence belonged to someone else. i.e. Constancio Costa. The four students, said Yanuar, were arrested because of Constancio's confession to the Dili police. Yet Constancio had retracted his confession before the court, saying that he had been forced to mention the names of the four. Constancio said that the four students were innocent.

"However, the court did not allow us to present Constancio at the trial," said Yanuar. The prosecutor said that they had had financial problems which made it difficult for them to present Constancio at the trial. The judge, furthermore, did not order Constancio's presence despite offers of funding by the defense.

On the other hand, the prosecution wished to present Avelino, now under the protection of the Austrian Embassy, as witness. but the Department of Foreign Affairs failed to follow-up.

"The Department of Foreign Affairs has run into some problems in requesting that the Austrian Embassy release Avelino to testify at the trial. Yet the request that Avelino be called in as witness originated from the Department itself," said a prosecutor who wished to remain anonymous.

MateBEAN sources at the Department of Foreign Affairs in Pejambon, Jakarta, said that Avelino would be arrested as soon as the Austrian Embassy releases him from the embassy compound.

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