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Timor-Leste

Report on human rights developments in Timor-Leste: 1 Jul 2008 to 30 Jun 2009

Attachments

Rejecting impunity: Accountability for human rights violations past and present

Executive Summary

1. Launched ten years after the popular consultation that paved the way for Timor- Leste's independence, this report focuses on one of the five thematic priorities for the Office of the High Commissioner for Human Rights (OHCHR) and the human rights component of the United Nations Integrated Mission in Timor- Leste (UNMIT), that of promoting accountability and combating impunityi. In interactions with victims and their families in all parts of Timor- Leste, the Human Rights and Transitional Justice Section (HRTJS) is invariably met with calls for justice for human rights violations committed during the Indonesian occupation (1975-1999), the 2006 crisis, the 2008 State of Siege, and for current human rights violations. While some positive steps have been taken to address past and present violations, including through legal and truth-seeking processes, much remains to be done.

2. An effective justice sector that delivers decisions in a fair and transparent manner, based on the rule of law, is central to ending impunity. In the period covered in this report, some improvements took place in the justice sector. Timorese court actors are increasingly deployed to the districts, where courts conduct regular hearings. However, further steps are needed to strengthen the system. This is particularly essential if the national justice system is to respond to complex cases of human rights violations, including cases of crimes against humanity, in an effective and credible manner.

3. There was a gradual decrease in reports of human rights violations by members of the police and military. However, UNMIT continued to receive allegations of human rights violations, including excessive use of force. As the PNTL resumes authority from UNMIT Police, it is essential that it develops into a police force based on the rule of law, in which effective mechanisms are in place to address excesses by its members. The clear delineation of roles between the military and police is also a critical concern.

4. Important steps have been taken towards addressing human rights violations that occurred in the past, but the process remains incomplete. The Commission for Truth, Reception and Reconciliation (CAVR) and the Commission for Truth and Friendship (CTF) have both completed reports that contain recommendations which, if fully implemented, will constitute a significant step towards addressing the past, including through provision of reparations to victims and memorialisation. Efforts to bring to justice individuals who committed crimes and human rights violations in the context of the 2006 crisis, and in 1999, are also continuing, though the majority of the perpetrators have not yet faced trial.