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Amnesty International Report 2003 - 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.

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Background

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.

Visits

AI delegates visited Timor-Leste in September/October.