TIMOR-LESTE

In the context of the UPR, Amnesty International has made the following recommendations to Timor-Leste

Amendment of national legislation regarding international justice:

To amend the Penal Code or pass new legislation, through transparent and broad consultation with civil society groups, to ensure that national law is brought into line with the Rome Statute and other international law obligations, in particular:

To explicitly ban amnesties, pardons and other forms of impunity for crimes under international law;

To amend Article 8 (b) of the Penal Code to permit the opening of a criminal investigation and the requesting of extradition of suspects even if they have never been in Timor-Leste so that the authorities can act quickly when they learn that a suspect is likely to visit Timor-Leste;

To ensure that perpetrators of genocide, crimes against humanity and war crimes can be re-tried in a Timorese court if the trial in a foreign court was not genuine and permitted the perpetrator to escape from justice;

To enact legislation providing for co-operation with the International Criminal Court, in accordance with Part 9 of the Rome Statute.

Justice for past human rights violations:

To publicly announce and take concrete steps to bring to justice all persons responsible for crimes against humanity and other human rights violations, wherever and whenever they occurred, including those which occurred during the Indonesian occupation (1975-1999), and to ensure that victims receive full reparations including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition;

To establish a long-term comprehensive plan to end impunity and, as part of that plan, to request the UN Security Council to immediately set up an international criminal tribunal with jurisdiction over all crimes committed in Timor-Leste between 1975 and 1999;

To establish effective extradition and mutual legal assistance agreements with other states (including Indonesia) to ensure that individuals charged with crimes under international law can be extradited to Timor-Leste to stand trial in proceedings that meet international standards of fairness.

Disappearances and missing persons:

To ratify and implement effectively the International Convention for the Protection of All Persons from Enforced Disappearance;

To establish a public register of missing persons and those killed between 1975 and 1999 and to undertake jointly with the Indonesian government a systematic inquiry to establish the whereabouts and fate of those who went missing.

Reparations and truth:

To disseminate throughout Timor-Leste the findings and recommendations of the Commission for Reception, Truth and Reconciliation in East Timor and the Commission of Truth and Friendship to raise awareness and promote a common understanding between the populations of Timor-Leste and Indonesia;

To discuss publicly in Parliament and in other public institutions the recommendations and findings of the Commission for Reception, Truth and Reconciliation in East Timor and the Commission of Truth and Friendship reports;

To debate and pass legislation establishing a follow-up mechanism to implement the recommendations of the CAVR and CTF reports, in particular to devise and implement a comprehensive program to provide full and effective reparations to victims of past crimes and their relatives.

Enhancing the rule of law:

To strengthen accountability mechanisms to deal with suspected human rights violations by members of the security forces promptly, impartially and effectively, to bring to justice all those found responsible in fair trials and to ensure the victims receive reparations;

To enact a law which explicitly prohibits the use of pardons, amnesties, and other measures of impunity for crimes under international law;

To ensure that all legislation, draft legislation and other legal documents are widely available in both Portuguese and Tetum.

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Timor-Leste: Amnesty International's submission to the UN Universal Periodic Review

Other Amnesty International documents on Timor-Leste

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