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Amnesty International Report 2005 - Timor-Leste

Covering events from January - December 2004

Progress towards the rule of law and the protection and promotion of human rights was undermined by weaknesses in key institutions. These weaknesses led to unlawful arrests and detention, delays in the justice system, infringements of freedom of expression and association, and effective impunity for police accused of human rights violations. Prosecutions of serious crimes committed in 1999 continued amidst uncertainty about the future of the process.

Background

The mandate of the UN Mission of Support in East Timor (UNMISET) was extended in May and again in November for a further and final six months. This reflected the view that, despite steady progress in its institution-building efforts, Timor-Leste had not yet reached the critical threshold of self-sufficiency. Dissatisfaction among former combatants, high unemployment and poverty increased the challenge of building a cohesive and stable democracy. A law establishing the office of Provedor for Human Rights and Justice (Ombudsman), with a mandate to monitor activities of the police, military and other government agencies and to promote and protect human rights, was promulgated but no appointment was made.

Police

The National Police Service of Timor-Leste (PNTL) continued to lack training, professionalism, effective supervision and accountability. Reported violations by the PNTL included frequent use of excessive force, misuse of firearms, arbitrary arrests and over 45 alleged assaults on suspects during arrest or in custody. Suspects were often unlawfully detained beyond the permitted 72 hours, sometimes apparently for punitive reasons.

In a rare case, four officers were convicted in May of ill-treating detainees, but most cases were referred to under-resourced internal procedures and few resulted in effective disciplinary action or prosecution.

Justice system

Courts outside the capital, Dili, were mostly inoperative. Pre-trial detainees were frequently imprisoned beyond the expiry of judicial detention warrants. Delays and limited capacity throughout the legal system obstructed access to justice and perpetuated reliance on "traditional" justice mechanisms, where fair trial standards were not guaranteed.

Violence against women

Widespread sexual and domestic violence constituted a significant proportion of reported crimes but was largely perceived as a matter to be resolved privately or through "traditional" justice mechanisms, where women were at particular risk of discrimination. Although improvements were noted, the relatively few cases brought to court were subject to delays and were sometimes dealt with insensitively.

Freedom of expression and association

Individuals allegedly linked to dissident groups were subject to arrest and detention on uncertain legal grounds. Although the Constitution guarantees freedom of expression, some were charged with disseminating or expressing hostility, hatred or contempt towards the government. Police used excessive force in dispersing demonstrations. In December parliament passed the Law on Freedom of Assembly and Demonstrations, which threatens to inhibit the right to peaceful assembly.

• In September, two men were arrested and charged for raising an Indonesian flag.

• In July, police used tear gas to disperse a largely peaceful demonstration and arrested 31 people on unclear charges. They were released late the next day.

Past human rights violations

By the end of the year, 74 individuals had been convicted and two acquitted of serious crimes, including crimes against humanity, in connection with the independence ballot in 1999. A total of 392 had been indicted since 2000, of whom 303 were people residing in Indonesia. Indonesia continued to refuse to transfer suspects for trial. Pursuant to a UN Security Council resolution, Serious Crimes Unit investigations concluded in November and Special Panels trials must conclude by May 2005. Trials for 13 defendants remained pending before the Special Panels at the end of the year.

The Indonesia and Timor-Leste governments announced the establishment of a bilateral Truth and Friendship Commission. Although the terms of reference had not been finalized, there were concerns that it might provide impunity for perpetrators of serious crimes committed in Timor-Leste in 1999.

AI country reports/visits

An AI delegate visited Timor-Leste in May.