LURDES C. DA SILVA March 8 2004

DILI, East Timor -- Judge Phillip Rapoza says whatever difficulties he might experience living half a world away from his native Massachusetts, in a country debilitated by decades of brutal forced annexation and genocide, pale in comparison to the problems of the East Timorese people.

Last November, the United Nations appointed the Massachusetts Appeals Court justice to serve as a judge on the Special Panel for Serious Crimes in East Timor, a former Portuguese colony for many years torn apart by Indonesian occupation forces. The panel, which is similar to international war crimes tribunals, was formed to deal with war crimes, genocide, crimes against humanity, murder and torture during a campaign of terror by those opposed to East Timor's independence.

"There are some days when being away from family and friends is difficult, but the solution is to immerse yourself in the job you came to do and to give it your all for the time you are here," Rapoza said in an e-mail interview.

In order to understand the "realidade Timorense," or East Timorese reality, the judge said one must realize that one-third of the population of 800,000 disappeared, fled or was killed in the years leading up to the independence in August 2002, when the country became the world's newest nation.

"Every family lost someone in the rampage of violence that pervaded the island," he said. "Behind every family there is a story. And that story is a tragedy."

Just the other day he spoke with a man who lost 45 members of his family to murder or execution at the hands of those opposing independence for East Timor.

"One cannot help wondering how the survivors of such carnage have found the strength to carry on," he said.

The New Bedford native said life on the other side of the planet can be complicated.

"There are elements that are very familiar, such as the prevalence of the Portuguese language," he explained. "On the other hand, there are aspects of life here that take some adjustment, such as the equatorial climate. There are basically two seasons in Dili: hot and dry, and hot and wet. But it is always hot. Temperatures over 100 are routine. The higher elevations and the inland mountain areas are much cooler and nighttime temperatures can approach freezing at certain elevations."

Due to a number of health issues, there are precautions he must take.

"Malaria is very common and I take a daily medication to prevent infection, which is transmitted by mosquitoes," he said. "Mosquitoes carry other illnesses as well, such as dengue fever, which has killed over 100 people in neighboring Indonesia within the last several weeks."

He describes the East Timor capital of Dili as a city that has suffered greatly.

"Everywhere you see the crumbling remains of buildings gutted by fire during the fighting at the time of the 1999 referendum on independence," he said. "Commercial buildings, residences, schools and even the former courthouse now lie in ruins. They bear silent witness to the rampage of violence that the Timorese people experienced."

In his opinion, the city is relatively safe, although there is a certain amount of petty property crime, which is not surprising in an area where there is extensive poverty.

"Concerns have been expressed with respect to the anticipated withdrawal of most U.N. police and peacekeeping forces at the end of May 2004," he said, adding that from that point on public safety will entirely be in the hands of the recently trained national police force.

Rapoza stated there have been an increased number of incidents in the region bordering Indonesia.

"Anti-government militia have made several raids in the area and efforts to intimidate the local population have increased," he said. "Consequently, U.N. Secretary General Kofi Annan has requested that 310 mobile U.N. peacekeeping troops be maintained in East Timor after the general withdrawal of such forces in May."

Despite the devastation and violence experienced by the East Timorese in 1999, the judge said there is a tremendous energy in the country.

"There is a strong desire fostered by leaders, such as President Xanana Gusmao, to move beyond the horrors of the past and to plan for the future while building a better society," he said.

To serve on the Special Panel, Rapoza requested a one-year unpaid leave of absence from his state court duties, as permitted under state law. He currently serves with other judges from Germany, Italy, Brazil, Burundi, Cape Verde and East Timor. The judicial system created by the U.N. does not use a jury; instead, a three-judge panel hears the evidence and serves as a jury.

"The cases we hear involve extremely serious allegations and the most tragic examples of man's inhumanity to man: mass killings, torture, shootings, mutilations, beheadings and beatings," he said. "The work of the court is both challenging and extremely rewarding."

Rapoza, a Dartmouth resident, was first appointed to the Massachusetts bench in 1992, and he is fluent in Portuguese. He has extensive experience in the legal procedures of the Portuguese-speaking world, including Portugal, Mozambique and Cape Verde. The editor of the bilingual "Guide to Criminal Law and Your Legal Rights," he also authored the "Legally Speaking" column that appeared in O Jornal for several years. The Yale University graduate is also the grandson of immigrants from Santa Cruz and
Água de Pau, in Lagoa, Sao Miguel, Azores.

In 2002, President Jorge Sampaio of Portugal bestowed on him Portugal's highest civilian award, naming him a Comendador, or Commander in the Order of Prince Henry the Navigator.

According to Rapoza, the Southeast Asian country still faces great challenges -- problems that he says it will continue to struggle with long after he is gone.

"East Timor is new in another sense as well," said Rapoza. "So many of the older generation died or were forced to flee, that East Timor is now a relatively young country. This fact is emphasized by an average life expectancy of only 50 and the fact that a staggering 25 percent of the population is under the age of 12."

Crucial to the country's future, he said, will be its ability to provide both education and opportunity to its people.

"Illiteracy is at 60 percent and unemployment exceeds 50 percent of the adult population," he added. "Many of those who are employed remain significantly below the poverty line. They can be seen selling firewood on the side of the road or selling coconuts along the seashore. Ensuring East Timor's economic development is crucial to the country's future."

There is a reconciliation process going on nationwide, he added.

"Working along the lines of a similar initiative in South Africa, the Commission for Reception, Truth and Reconciliation conducts public sessions in localities throughout the country in which victims are encouraged to describe their experiences and to vent their sorrow," he said. "Those who served in the pro-Indonesian militias who seek re-entry into their local community are expected to show remorse and to accept responsibility for their actions before their assembled neighbors. Low-level offenders are provided amnesty and receive acceptance by the community. More serious perpetrators must still go through the judicial process and the courts."

He portrays East Timorese people as humble and caring.

"It is hard to imagine the impact on survivors of the violence and devastation that they suffered," he said. "Only the natural kindness and
the strong religious faith of the people of East Timor can explain the many smiles that you see all around you, in this country that has produced so many tears."