Special Panels for Serious Crimes - Timor Leste

Historical benchmarks

On 30 th August 1999, under the auspices of the United Nations, a referendum was organised in East Timor.

A former Portuguese colony, East Timor was invaded by the Indonesian Army in December 1995. Cruel repressive measures followed costing the lives of tens of thousands of Timorese probably close to 200,000.The Timorese resistance tried for a long time, but in vain, to bring to the attention of the international community, the true nature of the genocide being carried out by the Indonesian Armed Forces.

It was only after President Suharto's removal from office that events took a faster turn.In June 1999, president Habibie suddenly announced that a referendum on self determination would be held two months later in East Timor. On voting day, the 30 th August 1999, around 98% of registered electors went to the polls and voted – by 344,580 votes (78.5%) against 94,388 votes (21.5%) – to reject the proposal of regional autonomy, and to begin a transitional process aimed at full independence.

After the results were announced, troops favouring integration, on occasion urged on by elements of the Indonesian security forces, instigated a campaign of violence, pillaging and arson throughout the territory. The Indonesian authorities did not react to these acts of violence as they were obliged to, based on clear cut commitments taken under Agreements signed on 5th May. Numerous inhabitants of East Timor were massacred and 500,000 people, at the very least, were forced to leave their homes, with around half of this number being obliged, often under threat of force, to leave the territory.

Following this violent flare-up, the armed forces and the Indonesian police began a withdrawal from the territory, finally abandonning it completely.Civil servants from the Indonesian administration also left. On 19th October 1999, The Consultative Assembly of the Indonesian people, formally accepted the result of the ballot. Soon afterwards, on the 25 th October, the United Nations Security Council, with its resolution 1272 (1999), created the United Nations Transitional Administration of East Timor (UNTAET), considered to be an integrated and multi-dimensional peacekeeping operation with full responsibility for the administration of East Timor during its transition towards independence.

Legislative elections were held in August 2001 resulting in a landslide victory for the former liberation movement, FRETILIN. Its historic leader, Xanana Gusmão was elected president in April 2002.

On the 20th May 2002, the new country officially became independent under the name of Timor Leste. On 27th September 2002, the Democratic Republic of Timor Leste entered the United Nations as the 191st Member-State. On 20 May 2005, the United Nations peacekeeping forces left the country.

Less than a year later, between the months of February and May 2006, violence broke out in the country following a mutiny by soldiers who came from the eastern part of the country. The clashes between the rebels and the government forces resulted in around 37 deaths and provoked the displacement of 155’000 people or 15% of the overall population of the country.

An international force, led by Australia, was deployed to Dili and its surroundings in an attempt to bring peace to the new State. Despite a few ongoing skirmishes, the violence abated. On 20 June 2006, the Security Council adopted resolution 1690, which gave its support to the peacekeeping forces led by Australia and which maintained the mandate of the United Nations Office in Timor Leste until 20 August. On 25 August 2006, The Security Council adopted resolution 1704 creating the United Nations Integrated Mission in Timor Leste (UNMIT) to help the government to “consolidate stability, to promote a culture of democratic government and facilitate the dialogue between the Timorese parties in their effort aimed at launching national reconciliation and to encourage social cohesion.