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Press
Release
Period 6 June
2005
Difficulties
Encountered in Finalizing Long Running Cases
From 16 –
27 May JSMP conducted monitoring in the Dili District Court and
observed several trial hearings, including two high profile murder
cases which occurred in 2003 and 2004.
The first case
involved infiltration into Timor Leste by ex-militia, looting, the
murder of a bus driver in Aidaba Leten, Maliana district on 13 February
2003, and a shooting incident between PKF and nine ex-militia members
in Loe Atsabe on 26 February 2003. In this case the police authorities
were able to detain one suspect, while seven others are still at
large. One suspect was killed in an exchange of fire during the
PKF’s pursuit of the suspects. This was an extremely high
profile incident when it occurred in February 2003, and although
a preliminary hearing was held at that time, the trial did not commence
until 16 May 2005. At the trial hearing on 16 May the detained suspect
was examined.
The second trial
hearing involved the alleged murder of a youth by three suspects
in mid-February 2004 at the Dili Municipal Stadium. Again, the case
was extremely high profile at the time it occurred, but the trial
did not commence until February 2005. At the trial hearings held
on 26-27 May 2005 the three suspects and several witnesses were
examined. There are still more witnesses yet to give evidence.
JSMP believes
that progress has been hindered in these long running cases for
a number of reasons.
First, as noted
in numerous JSMP reports, there are ongoing significant problems
with court administration in the district courts. In particular,
cases do not receive a number when they first enter the courts at
the 72 hour hearing stage. They only receive a number when they
are scheduled for trial. It therefore appears that thousands of
cases have been “lost” in the court or the prosecutor’s
office, because they never actually even reach a trial. Moreover,
none of the court administrators and many of the court actors have
never received training in case management. It appears that many
of the case files are “misplaced even after the case has commenced
the trial hearing stage.
Second, there
was delay in transferring these cases from national judges to international
judges. The designated judges received the transferred cases and
case files almost seven months after their arrival, and not all
long standing cases were transferred. For example, the international
judge presiding over the trial hearing on 16 May said that she only
received the case in April 2005.
JSMP welcomes
the international judges’ prompt dealing with these cases
soon after the case files arrived on their desk. It is encouraging
that serious criminal cases are being given priority in the significant
backlog of cases with which the three international judges are faced.
JSMP recommends that the President of the Court of Appeal and the
Chief Court Administrator check the records on all long running
cases so that trials can be held before suspects are detained in
excess of prescribed detention limits. JSMP also recommends the
prompt transfer of case files in long running cases to the international
judges.
END
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