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http://web.amnesty.org/report2005/tmp-summary-eng
[Indonesia
chapter is at http://web.amnesty.org/report2005/idn-summary-eng]
Timor-Leste
Covering
events from January - December 2004
Progress
towards the rule of law and the protection and promotion of human
rights was undermined by weaknesses in key institutions. These weaknesses
led to unlawful arrests and detention, delays in the justice system,
infringements of freedom of expression and association, and effective
impunity for police accused of human rights violations. Prosecutions
of serious crimes committed in 1999 continued amidst uncertainty
about the future of the process.
Background
The
mandate of the UN Mission of Support in East Timor (UNMISET) was
extended in May and again in November for a further and final six
months. This reflected the view that, despite steady progress in
its
institution-building efforts, Timor-Leste had not yet reached the
critical threshold of self-sufficiency. Dissatisfaction among former
combatants, high unemployment and poverty increased the challenge
of building a
cohesive and stable democracy. A law establishing the office of
Provedor for Human Rights and Justice (Ombudsman), with a mandate
to monitor activities of the police, military and other government
agencies and to
promote and protect human rights, was promulgated but no appointment
was made.
Police
The
National Police Service of Timor-Leste (PNTL) continued to lack
training, professionalism, effective supervision and accountability.
Reported violations by the PNTL included frequent use of excessive
force,
misuse of firearms, arbitrary arrests and over 45 alleged assaults
on suspects during arrest or in custody. Suspects were often unlawfully
detained beyond the permitted 72 hours, sometimes apparently for
punitive
reasons.
In a
rare case, four officers were convicted in May of ill-treating detainees,
but most cases were referred to under-resourced internal procedures
and few resulted in effective disciplinary action or prosecution.
Justice
system
Courts
outside the capital, Dili, were mostly inoperative. Pre-trial detainees
were frequently imprisoned beyond the expiry of judicial detention
warrants. Delays and limited capacity throughout the legal system
obstructed access to justice and perpetuated reliance on "traditional"
justice mechanisms, where fair trial standards were not guaranteed.
Violence
against women
Widespread
sexual and domestic violence constituted a significant proportion
of reported crimes but was largely perceived as a matter to be resolved
privately or through "traditional" justice mechanisms,
where women
were at particular risk of discrimination. Although improvements
were noted, the relatively few cases brought to court were subject
to delays and were sometimes dealt with insensitively.
Freedom
of expression and association
Individuals
allegedly linked to dissident groups were subject to arrest and
detention on uncertain legal grounds. Although the Constitution
guarantees freedom of expression, some were charged with disseminating
or expressing hostility, hatred or contempt towards the government.
Police used excessive force in dispersing demonstrations. In December
parliament passed the Law on Freedom of Assembly and Demonstrations,
which threatens to inhibit the right to peaceful assembly.
* In September, two men were arrested and charged for raising an
Indonesian flag.
* In July, police used tear gas to disperse a largely peaceful demonstration
and arrested 31 people on unclear charges. They were released late
the next day.
Past
human rights violations
By the
end of the year, 74 individuals had been convicted and two acquitted
of serious crimes, including crimes against humanity, in connection
with the independence ballot in 1999. A total of 392 had been indicted
since
2000, of whom 303 were people residing in Indonesia. Indonesia continued
to refuse to transfer suspects for trial. Pursuant to a UN Security
Council resolution, Serious Crimes Unit investigations concluded
in November and Special Panels trials must conclude by May 2005.
Trials for 13 defendants remained pending before the Special Panels
at the end of the year.
The
Indonesia and Timor-Leste governments announced the establishment
of a bilateral Truth and Friendship Commission. Although the terms
of reference had not been finalized, there were concerns that it
might provide impunity for perpetrators of serious crimes committed
in Timor-Leste in 1999.
AI country
reports/visits
An AI
delegate visited Timor-Leste in May.
Democratic Republic of Timor-Leste
Head of state: Jose Alexandre "Xanana" Gusmão
Head of government: Dr Marí Bim Amude Alkatiri
Death penalty: abolitionist for all crimes
International Criminal Court: acceded
UN Women's Convention and its Optional Protocol: acceded
End
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