Jakarta – Indonesian prosecutors have demanded a prison sentence of more than 10 years for East Timor's former police chief, saying he did nothing to prevent or to halt militia massacres in 1999 in which police and troops took part.
Timbul Silaen, 53, had been found "guilty, legally and convincingly" of gross human rights violations in East Timor, prosecutor James Pardede told judges at the human rights court, who have yet to reach a verdict.
Pardede, summing up the prosecution case, said evidence had shown that Silaen, who is now with national police headquarters, was guilty of crimes against humanity because of the numerous civilian victims.
Silaen is accused of failing to control his subordinates and failing to take appropriate steps within his authority to halt five massacres of civilians in April and September 1999 in which more than 100 died. The charges are punishable by between 10 years' jail and death.
Pardede said the recommended sentence of 10.5 years was based on Silaen's failure to "carry out his role and duty in a maximal way" and to control his subordinates.
He said Silaen had ignored information that some soldiers and policemen had taken part in several attacks on civilians in the capital Dili and the towns of Liquica and Suai. Silaen, the prosecutor said, also failed to order an inquiry into the involvement of police or soldiers.
"The attacks involved personnel from the TNI [the Indonesian armed forces,] the Brimob [police elite force] and police," Pardede said, adding that security personnel had fired shots during the attacks.
Several witnesses, including some flown in from East Timor, have told various trials at the court that several policemen and soldiers were involved in the attacks on civilians at churches in Liquica and Suai and at the Dili diocese and the residence of the Dili bishop in April and September 1999.
Their testimony contradicts the officially accepted Indonesian version of events. This portrays the violence before and after East Timor's independence vote on August 30, 1999, as spontaneous clashes between pro- and anti-Jakarta local factions, which the military could not control.
Prosecutors said that as police chief Silaen was responsible for security before, during and after the ballot in which East Timorese voted overwhelmingly to break away from Indonesia.
"I am convinced that I did my best," Silaen told reporters after the trial session. "I am convinced, and the facts in court show ... that the police institutions, especially me, did the best for the state."
Pro-Jakarta militiamen, nutured and supported by Indonesian military elements, waged a brutal campaign of intimidation before the vote and a revenge campaign afterwards. An estimated 1,000 people died that year.
Silaen is one of 18 military and police officers, officials and civilians who have been brought before the rights court.
Prosecutors have recommended a similar jail sentence for former East Timor governor Jose Osorio Abilio Soares over the same charges. There has been no verdict in his case yet.
The trials were held to deflect pressure for an international war crimes tribunal. They are being closely watched internationally for proof that Jakarta will punish those behind the violence.