Special Panels of the Dili District Court
Encyclopedia
The Special Panels of the Dili District Court (also called the East Timor Tribunal) was the hybrid international–East Timor
ese tribunal that was created in 2000 by the United Nations Transitional Administration in East Timor
(UNTAET) to try cases of "serious criminal offences" — including murder
, rape
, and torture
— which took place in East Timor in 1999. The Special Panels sat from 2000 to 2006.
, Burundi
, Cape Verde
, Germany
, Italy
, Portugal
, Uganda
, and the United States
.
was also created by UNTAET to investigate and prosecute the crimes in question. The Special Panels issued indictment
s for almost 400 people. A major hurdle in trying some of the accused was that they were Indonesia
n nationals and the government of Indonesia
refused to turn them over to East Timor or the United Nations
forces.
The Special Panels held 55 trials involving 88 accused persons. Four persons were acquitted and 84 were convicted, with 24 of the 84 pleading guilty.
When the United Nations ceased funding the Special Panels and the Serious Crimes Unit, there were 514 outstanding cases for which investigations had been conducted but no indictments issued and 50 cases for which no investigations had yet been conducted. These cases which were not tried include 828 cases of alleged murder, 60 alleged cases of rape, and over 100 cases of alleged torture or other serious violence.
. The panel was made up of Judge Benfeito Mosso Ramos (Cape Verde) presiding, Judge Antero Luis (Portugal), and Judge Antonio Helder (East Timor).
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
ese tribunal that was created in 2000 by the United Nations Transitional Administration in East Timor
United Nations Transitional Administration in East Timor
The United Nations Transitional Administration in East Timor provided an interim civil administration and a peacekeeping mission in the territory of East Timor, from its establishment on October 25, 1999 until its independence on May 20, 2002 following the outcome of the East Timor Special...
(UNTAET) to try cases of "serious criminal offences" — including murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, and torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
— which took place in East Timor in 1999. The Special Panels sat from 2000 to 2006.
Structure
Until 2003, there was generally only one panel of the court. In 2003, a second and a third panel were organised. Each of the panels was composed of two international judges and one East Timorese judge. International judges came from BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Cape Verde
Cape Verde
The Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Trials
Shortly after the Special Panels was formed, the Serious Crimes UnitSerious Crimes Unit
The Serious Crimes Unit was the official title given to an elite unit of International Police investigators during the United Nations 1999 to 2004 mission in East Timor....
was also created by UNTAET to investigate and prosecute the crimes in question. The Special Panels issued indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s for almost 400 people. A major hurdle in trying some of the accused was that they were Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
n nationals and the government of Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
refused to turn them over to East Timor or the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
forces.
The Special Panels held 55 trials involving 88 accused persons. Four persons were acquitted and 84 were convicted, with 24 of the 84 pleading guilty.
When the United Nations ceased funding the Special Panels and the Serious Crimes Unit, there were 514 outstanding cases for which investigations had been conducted but no indictments issued and 50 cases for which no investigations had yet been conducted. These cases which were not tried include 828 cases of alleged murder, 60 alleged cases of rape, and over 100 cases of alleged torture or other serious violence.
Liquiçá Church Massacre
The second Special Panel heard testimony on the Liquiçá Church MassacreLiquiçá Church Massacre
The Liquiçá Church Massacre was an atrocity that occurred in the war torn country of East Timor, in April, 1999. It was the first case to be heard by the Second Special Panel.-Events and Aftermath:...
. The panel was made up of Judge Benfeito Mosso Ramos (Cape Verde) presiding, Judge Antero Luis (Portugal), and Judge Antonio Helder (East Timor).