Last
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Friday 4 March, 2005 9:29 AM
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Terms of References
for the Commission of Experts to Review the Prosecution of Serious
Human Rights Violations Committed in Timor Leste (The Then East
Timor) in 1999
- In fulfillment of the Security
Council's request that the Secretary-General inform it of developments
in the area of prosecution of serious violations of international
humanitarian law and human rights in East Timor in 1999, a Commission
of Experts (the "Commission") consisting of three members
has been appointed by the Secretary-General to assess the progress
made in bringing to justice those responsible for such violations;
to determine whether full accountability has been achieved; and
to
recommend future actions as may be required to ensure accountability
and promote reconciliation.
- The Commission shall conduct
its work in an objective, impartial and independent manner in
accordance with international standards.
- In conducting its assessment
of the work of the Indonesian Ad Hoc Human Rights Court on East
Timor, on the one hand, and the Serious Crimes Investigation Unit
and the Special Panels for Serious Crimes in Timor-Leste, on the
other (the "two institutions"), the Commission shall
have the mandate to:
- Review the judicial processes
of the two institutions, including the investigation, prosecution
and trial proceedings in both their procedural and substantive
aspects, to determine whether they meet international standards
of justice and due process of law;
- Assess the effective
functioning of the two institutions, identify obstacles and
difficulties encountered, and evaluate the extent to which
they have been able to achieve justice and accountability
for the crimes committed in East Timor;
- Consider and recommend
to the Secretary-General, as necessary and appropriate, legally
sound and practically feasible measures and/or mechanisms
so that those responsible for serious violations of international
humanitarian law and human rights in East Timor in 1999 are
held accountable, justice is secured for the victims and people
of Timor-Leste, and reconciliation is promoted;
- Consider ways in which
its analysis could be of assistance to the Commission of Truth
and Friendship, which Indonesia and Timor-Leste agreed! to
establish, and make appropriate recommendations to the Secretary-General
in this regard.
ANNEX
- In the conduct of its work,
the Commission shall enjoy the full
cooperation of the Governments of Indonesia and Timor-Leste. It
shall be
provided with the necessary facilities to enable it to discharge
its
mandate, and shall, in particular, be guaranteed:
- Freedom of movement throughout
Indonesia and Timor-Leste;
- Free access to all relevant
documents, including those in possession of
investigative, prosecutorial and judicial institutions;
- Freedom to meet and interview
all persons in possession of information
considered necessary by the Commission, in conditions of privacy
and
confidentiality of sensitive information:
- Appropriate security
arrangements by the Governments of Indonesia and
Timor-Leste for personnel and documents of the Commission,
without
restricting its freedom of movement
- The Governments of Indonesia
and Timor-Leste shall accord privileges,
immunities and facilities necessary for the independent conduct
of the
work
of the Commission.
In particular:
- Members of the Commission
shall enjoy the privileges and immunities
accorded to experts on missions under Articles VI and VII of the
1946
Convention on the Privileges and Immunities of the United Nations
(the
"Convention");
- Officials of the United Nations
shall enjoy the privileges and
immunities of officials under Articles V and VII of the Convention;
and
- All other persons performing
functions for the Commission shall be
entitled, as a minimum, to immunity from legal process in respect
of words
spoken or written and acts done in the performance of their functions
for
the Commission.
- The Commission shall seek
the cooperation of third States, where
necessary.
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