Transitional justice in Timor-Leste: Done and dusted?

Abstract

This thesis discusses a transitional justice framework that is derived from United Nations Secretary-General Kofi Annan`s report The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, published on 3 August 2004. In this report, the Secretary-General promoted an understanding of transitional justice that comprises interlinked judicial and nonjudicial mechanisms, a framework in which truth commissions and courts interact. He reiterated the importance of victim-centred approaches to transitional justice, a topic that has received increased attention within the United Nations` human rights bodies. From 1999 onwards, the United Nations, through its Transitional Administration in East Timor (UNTAET), created a so far unique and unprecedented transitional justice model: a special, internationalised/hybrid court (Serious Crimes Regime) and a truth commission (Commission for Reception, Truth and Reconciliation) to address the legacy of Timor-Leste`s violent past. What was unique and unprecedented about this model was the interlinking referral mechanism between the court and the truth commission. This study elaborates whether this "holistic" or "complementary" approach to transitional justice, promoted by the United Nations, has proven successful towards Timor-Leste`s victims of serious crimes` right to justice, truth and reparation.