Despite efforts to strengthen human rights and the rule of law, the administration of justice was weak and there were allegations of police abuses, including arbitrary detention and ill-treatment. Impunity for perpetrators of serious human rights violations in 1999 continued despite the completion of the UN-sponsored serious crimes process in May.

Background

In March parliament appointed Sebastião Dias Ximenes as Provedor for Human Rights and Justice (Ombudsman). His mandate was to combat corruption, prevent maladministration, and protect and promote human rights by making recommendations to relevant institutions, including the government. In July he expressed concern about his insufficient budget.

The UN Mission in Support of East Timor (UNMISET) was replaced in May by the UN Office in Timor-Leste (UNOTIL), which was mandated to support the development of critical state institutions until May 2006.

Justice system weaknesses

A severe shortage of national judges, prosecutors and defence lawyers in district courts limited the judiciary's ability to function and ensure the right to a fair trial within a reasonable time. This inadequacy discouraged access by the population to the formal justice system, and perpetuated reliance on traditional justice mechanisms that do not guarantee fair trial standards.

Freedom of expression and association

Concerns were expressed throughout the year by local and international organizations about provisions on "defamation" in the draft criminal code that would restrict freedom of expression.

In May, the Court of Appeal found that some provisions in the Law on Freedom of Assembly and Demonstrations were unconstitutional as they did not respect the principle of proportionality. The law, which was revised by parliament in July after eliminating the articles declared unconstitutional, was awaiting promulgation.

Police violations

Despite progress by the National Police of Timor-Leste in dealing with demonstrations without excessive use of force, reports of arbitrary detention and ill-treatment continued to occur.

Past human rights violations

The UN-sponsored serious crimes process, which was mandated to investigate and try those responsible for serious crimes committed in Timor-Leste (then East Timor) during 1999, terminated in May, although the job had not been completed. The UN Special Panels convicted a total of 84 people of serious crimes, including crimes against humanity, and acquitted three. Over 300 people indicted for serious crimes were not tried because they could not be brought within the jurisdiction of the Special Panels before the mandate ended. By the end of the year, there were serious concerns that indictees living in West Timor, Indonesia, were returning to Timor-Leste, and that there were no clear arrangements within the under-resourced judiciary to replace the Special Panels.

  • In August, Manuel Maia, who was indicted for crimes against humanity committed in Bobonara District in March and April 1999, entered Timor-Leste from West Timor. He was immediately detained by members of the community and handed over to the national police. He remained in detention pending trial for serious crimes at the end of the year.

In June, the report of a UN-sponsored Commission of Experts (CoE) mandated to review the prosecution of serious violations of human rights committed in 1999 in Timor-Leste was submitted to the UN Security Council. It concluded that accountability of those who bore the "greatest responsibility" for the violations had not been achieved, and recommended the continuation of the serious crimes process.

The CoE report expressed concerns about the terms of reference of the Truth and Friendship Commission, a truth-seeking mechanism officially established in March by Indonesia and Timor-Leste to review the 1999 crimes. The report was concerned that certain provisions may not comply with international standards on denial of impunity (see Indonesia entry), and recommended "clarification, re-assessment and revision" of those provisions. Despite these criticisms, the Truth and Friendship Commission was set up in August. The provisions relating to impunity remained in the Commission's mandate. The Security Council had not acted on the CoE's recommendations by the end of 2005.

In October, the Commission for Reception, Truth and Reconciliation in Timor-Leste handed in its final report to the Timor-Leste President. It contained a detailed account of human rights violations in Timor-Leste between 1974 and 1999. Its recommendations echoed those of the CoE report and called for the continuation of the UN-sponsored crime process and consideration of the setting up of an international tribunal under UN auspices if justice failed to be delivered.

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.