Members of the group meeting the Commission in Dili indicated that they were additionally largely influenced by the experiences of other witnesses and labour beneath a common notion that there were safety risks if witnesses agree to testify in Jakarta. Bishop Belo, among the many most outstanding material witnesses, refused to reply turkey immigration lawyer to summons to attend court. Moreover, recording proof via videoconference was not explicitly offered for beneath Indonesian laws and was made available to witnesses at a very late stage of the proceedings before the Ad Hoc Court. However, it cannot be said that all Timorese witnesses had been totally cooperating with the Jakarta prosecutors. In this regard, it is noteworthy that the CTF is directed to work beneath the ideas contained in the relevant nationwide legislation on reconciliation. The panel’s dialogue of superior accountability can also be accurate, relying on the jurisprudence of the international army tribunals established after World War Two and advert hoc worldwide criminal tribunals.
The most senior officer indicted was Major-General Adam Damiri, although different senior targets such as General Wiranto and Major-General Zacky Anwar Makarim were listed for investigation by KPP HAM, however were not indicted by the Attorney-General’s Office. This mechanism would enable the Government of Timor-Leste to say possession and executive management over the judicial process. The Commission concludes that it is entirely attainable to import the constitutional and structural personality of a traditional worldwide criminal tribunal into a streamlined model of a world felony tribunal, focusing on specific jurisdictional and temporal parameters.
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From the record of approximately 22 suspects prepared by KPP HAM, the Attorney-General decided to commence proceedings in opposition to eighteen people, comprising 10 army officers, 5 cops, two civilian authorities officials and a militia leader. The last recommendation of KPP HAM was to request, by way of Komnas HAM, that the Attorney-General’s Office investigate and prosecute in the Ad Hoc Court these suspected of gross violations of human rights in East Timor that occurred from January to October 1999. The Commission concludes the evaluate of the serious crimes process in Dili and can now flip to look at the judicial process in the Republic of Indonesia. The Commission notes that prevailing authorized, institutional and governmental positions, no less than these articulated publicly, point out that the temporal jurisdiction of the ICC begins from the date of entry into force of the Rome Statute .
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The Commission takes the view that a truth-seeking fee might assist in completing the work of the serious crimes process in Timor-Leste by collecting and preserving information and evidence that might be utilized in future prosecutions. However, the spirit of reconciliation in the different provisions of the phrases of reference, together with the potential for offering reparation for harm caused, supply acceptable avenues for rebuilding the relationship between Indonesia and Timor-Leste. A truth-seeking mechanism may not, however, achieve justice in the sense understood by civil society and victims teams, or the justice that the Security Council hopes to attain in Timor-Leste, as expressed in its decision 1264 . The Commission finds that there are certain provisions within the terms of reference of the Commission of Truth and Friendship which contradict worldwide standards of denial of impunity for crimes against humanity, which require clarification, re-assessment and revision. Before the Commission examines all of the obtainable options and sets out it suggestions, it’s pertinent to make a couple of observations on the prevailing views of the folks of Timor-Leste, the Governments, the United Nations and the worldwide neighborhood fascinated in the judicial processes of Indonesia and Timor-Leste.