Widespread
and flagrant violations of international humanitarian and human rights
law have been committed in East Timor, In Resolution 1272, the United
Nations Security Council, "Expressing its concern at reports indicating
that systematic, stressing that persons committing such violations bear
individual responsibility, and calling on all parties to cooperate with
investigations into these reports" demanded "that those responsible
for such violence be brought to justice."
In an effort
to fulfill the call for justice in Resolution 1272, United Nations Transitional
Authority in East Timor (UNTAET) established the Serious Crimes Unit (SCU)
to investigate and prosecute War Crimes, Crimes against Humanity and individual
offences of murder torture and rape committed in East Timor between 1
January and 25 October 1999. All charges brought by the SCU are tried
before one of the Special Panels of Serious Crimes, which each consist
of two international judges and one East Timorese judge.
Since the
independence of East Timor on 20 May 2002 to June 2005, the SCU was staffed
by the United Nations, and worked under the legal authority of the Prosecutor-General
of the Democratic Republic of East Timor (RDTL). Dr. Longuinhos Monteiro.
The Serious
Crimes Unit (SCU) was established by the United Nations Transitional Authority
in East Timor (UNTAET) following UN SecurityCouncil Resolution 1272 (1999).
As mandated by the United Nations Security Council, the Serious Crimes
Unit (SCU) is responsible for conducting investigations and preparing
indictments to bring to justice those responsible for Crimes against Humanity
and other serious crimes committed in East Timor in 1999. The mandate
of the SCU will end in May 2005 and, pursuant to UN Security Council Resolutions
1543 and 1573, the SCU completed all investigations as of 30 November
2004. Therefore, no more indictments will be filed.
The SCU has
now 9 cases pending in the Special Panels for Serious Crimes and has started
its handover procedures. Since the independence of Timor Leste independence
on 20 May 2002, the SCU has worked under the legal authority of the Prosecutor-General
of the Democratic Republic of East Timor (RDTL. Dr. Longuinhos Monteiro
is currently the Prosecutor-General. The Office of the Prosecutor-General
is divided into two sections: Ordinary Crimes and the Serious Crimes Unit.
The Serious
Crimes Unit is headed by the Deputy General Prosecutor for Serious Crimes
who reports functionally to the Prosecutor-General and is responsible
for managing the investigations and prosecutions of the SCU. The Deputy
General Prosecutor for Serious Crimes is Mr. Carl de Faria who arrived
at SCU on 4 February 2005.
The SCU currently has 74 staff members including 34 UN International civilian
staff including prosecutors, investigators, forensic specialists and translators
as well as 6 UN Police technical assistants and 34 UN national staff including
translators and mortuary staff. In addition, 12 East Timorese trainee
staff work with SCU including prosecutors, ITU and evidence management
staff funded by bilateral funds from the Norwegian Government. A total
of 19 East Timorese Police (PNTL) investigators are currently undergoing
practical training in SCU with UN investigators and UN Police trainers
and 2 PNTL officers working in the SCU witness management team.
The SCU is
divided into 4 Regional teams comprised of UN prosecutors, legal officers,
investigators and trainee staff with separate forensic investigation,
evidence management and witness support teams. The Regional Investigation
and Prosecution teams cover all 13 districts of East Timor. Due to the
end of the investigations, the Regional investigation offices of Maliana,
Manufahi and Oecussi were closed. The SCU maintains one investigation
team in Dili.
