Amnesty International
Timor-Leste
Covering events from January - December 2002
DEMOCRATIC REPUBLIC OF TIMOR-LESTE
Head of
state: Xanana Gusmão
Head of government: Mari Alkatiri
Death penalty: abolitionist for all crimes
International Criminal Court: acceded
Human rights
were widely debated during the drafting process of the
Constitution which was adopted prior to independence in May. The newly
independent government inherited an institutional and legal framework
which
was incomplete and unable to protect human rights fully. The rights of
victims and suspects, including children, were undermined by the weak
justice system and the police used excessive force in response to public
disturbances. Delays and inconsistencies in the administration of justice
contributed to security problems in prisons. There was continued reliance
on non-official justice mechanisms which were not always applied in a
manner consistent with international standards for fair trial. Women and
other vulnerable groups were at particular risk of discrimination in this
system.
Background
Further information
All AI documents on Timor-Leste - http://web.amnesty.org/library/eng-tmp/index
Presidential
elections in April were won by Xanana Gusmão, an independence
leader and former commander of the armed opposition. Timor-Leste became
independent on 20 May. The UN Transitional Administration in East Timor
(UNTAET) mandate expired on independence and was replaced by the UN Mission
of Support in East Timor (UNMISET) which was mandated to provide assistance
to core administrative structures, provide interim law enforcement and
assist in the development of the Timor-Leste Police Service (TLPS) and
to
contribute to internal and external security.
Constitution and treaty obligations
Human rights
were broadly reflected in a Constitution which was adopted in
March.
Timor-Leste
acceded to the Rome Statute of the International Criminal Court
(ICC) in September. It was one of a number of countries to succumb to
pressure from the USA to sign a bilateral agreement not to surrender or
transfer US citizens to the ICC.
Legislation
Some progress
was made in establishing a legislative framework to protect
human rights, although human rights safeguards were often not implemented.
Laws and procedures which were inconsistent with international human rights
standards continued to be applied. Plans to reform certain provisions
in
UNTAET's rules of criminal procedure had not been realized by the end
of
2002. Legislation dating from the occupation by Indonesia, including the
Penal Code, which fell short of international standards had not been reviewed.
Criminal justice system
Efforts
to establish a judicial system progressed little and in some areas
deterioration was evident. One of the four district courts was still not
functioning for most of the year and hearings in the other three were
intermittent. The Appeal Court had not sat since October 2001. A backlog
of
cases developed and the right to prompt trial or release and to review
of
convictions and sentences was denied in many cases. By October, close
to 80
per cent of the prison population were in pre-trial detention. Around
30
per cent had been held for six months or more and some for over one year.
Twenty-seven per cent were detained illegally after their detention orders
had expired. Around 40 appeal cases were pending by the end of 2002.
A law establishing
a legal aid service was passed but not implemented. The
capacity of the public defenders was extremely limited and they were unable
to cope with their case load, leaving the majority of detainees without
effective legal representation.
Safeguards
in existing law and procedures to protect the rights of children
in the criminal justice system were often not implemented. Children were
detained, often for minor non-violent offences, for months before trial.
* A 16-year-old
boy was held for more than one year without judicial
supervision before being brought to trial in connection with a road traffic
accident in which one person died. In November he was convicted and
sentenced to one year and 27 days' imprisonment - the period already spent
in pre-trial detention.
Non-judicial
or informal mechanisms incorporating traditional law and
processes continued to be widely applied. Concern persisted that, in the
absence of any assessment or regulation of these procedures, the rights
of
victims and suspects were at risk. Cases of rape and domestic violence
were
among those referred to informal resolution by law enforcement and judicial
officials, in some cases against the wishes of victims.
Prison conditions
Delays in
the administration of justice contributed to protests and
breakouts by prisoners.
* In August,
179 prisoners escaped from Becora prison in Dili. One
prisoner was shot and injured by police and two prison officers were injured.
* Riots
in Becora in June resulted in injuries to at least 22 inmates and
13 police officers. There were allegations that excessive force may have
been used by the TLPS Special Police Unit (SPU). There was no information
on whether an investigation into these allegations took place.
Conditions
for children in detention did not conform to UN minimum
standards. Among other issues, children were not fully segregated from
adults.
Policing
UNMISET
maintained overall control of law and order functions and the
development of the TLPS. Concerns about the limited training of TLPS
officers and their lack of training and experience in the practical
implementation of human rights standards, including in the use of force
and
firearms, were borne out by their response to public disturbances. On
4
December in Dili, two people were shot dead and several dozen others were
injured, apparently as a result of police actions. In an earlier incident,
a protester was shot dead by police in Baucau in November. Internal
investigations were initiated, but did not report publicly. AI called
for
an independent investigation and for its findings to be made public.
No complaints
or oversight mechanism was established for the TLPS and no
Code of Discipline adopted. Not all complaints were adequately dealt with
through the UN Police (UNPol) mechanisms which also failed to
satisfactorily address a number of allegations, including of assault,
against UNPol officers.
Investigations of past violations
Efforts
were strengthened to investigate and prosecute individuals
suspected of committing crimes against humanity and other serious crimes
during 1999 when the popular consultation on independence was held.
Thirteen indictments were filed in 2002. Progress in bringing suspects
to
trial was slow because judges were unavailable to serve on the Special
Panels for Serious Crimes - nine trials were completed during 2002.
Suspects in serious crimes cases were among those detained for extended
periods without trial. The work of the UN Serious Crimes Unit was also
hampered because Indonesia refused to transfer suspects or to allow access
to witnesses or evidence (see Indonesia entry).
A Commission
for Reception, Truth and Reconciliation was established. The
first public hearings took place in November.