Rights abuses within police, defence forces - UN report

Timor-Leste is at a human rights crossroads and can either choose to build on progress achieved or turn back towards a more violent past, according to a report issued by the UN Integrated Mission in Timor-Leste (UNMIT) and the UN High Commissioner for Human Rights on 21 August.

Entitled Report on Human Rights Development in Timor-Leste: The Security Sector and Access to Justice 1 September 2007 - 30 June 2008,  it said there had been a "notable increase in the number of cases of ill-treatment by security forces", especially during the state of siege period 11 February - 8 May 2008 imposed after the shooting of President Jose Ramos Horta in February 2008.

Fifty-eight allegations, ranging from beatings to death threats, were reported to the provador for human rights and justice (independent, government-financed ombudsman's office) during this period, which saw the police and military working together under a joint command - outside the supervision of the UN police.

Police behaviour and security sector reform is of relevance beyond simple de jure human rights, and links to wider issues including post-conflict stabilisation and humanitarian risks, such as displacement. According to the UN report, the ultimate aim of the country's leaders and the Timorese people is to achieve peace and stability by strengthening the capacity of institutions such as the security sector, including the police and defence forces, and to nurture their respect for human rights and the rule of law.

Photo: IRIN

A recently released UN report cited widespread human rights abuses by the police and defence forces between 11 February and 8 May 2008 when the country was under a state of siege with the police and military working together under a joint command

Message not getting through

UN officials say the Timor-Leste government is responding positively to problems of human rights abuses, but that its message is not filtering down to those on the ground.

"I think there are two obstacles: one of process and another of will," Louis Gentile, chief of the UN Integrated Mission in Timor-Leste's (UNMIT's) Human Rights and Transitional Justice Section, said.

In the case of the military, there is a lack of process to ensure accountability for those responsible for violations, Gentile told IRIN. On the other hand, the police have the processes but there is a lack of will to enforce them.

"For example, we know of cases [in the police] where an officer has been recommended for suspension but the suspension has not been executed," Gentile said, adding that they had also received assurances from the police and military commanders that they were dealing with the issue.

It is now over two years since police reform was initiated. "Maybe it's too early to judge," said Gentile, "but it has been a significant amount of time already and we feel that it is legitimate now to ask for results, and we have not yet seen those results."

Legal backlog

The report also raised concerns over the dozens of cases pending from the violence in 2006, when tensions between the police and military resulted in 37 deaths, and 100,000 people were forced to flee from their homes.

"People currently remain in prison but have not had any follow-up with their cases," Deputy Provador for Human Rights and Justice Silverio Pinto Baptista said at a press conference. "In terms of human rights, this shouldn't happen." One reason for the delay is a backlog of some 4,700 cases in the prosecutor-general's office, with a lack of prosecutors and defence attorneys to try the cases.

Gentile told IRIN Timor-Leste had two advantages over other nations grappling with the same human rights issues: international support, and the financial resources to invest in areas that need improvement, as well as a strong constitution, a democratic government, and a functioning parliament.

With all of those elements in place, the chief of UNMIT's Human Rights and Transitional Justice Section believes significant progress in terms of making human rights violators accountable and reforming the security sector can be made in the next 5-10 years.

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