Relatório da CI - VII. Recommendations

VII. Recommendations

A. Individual criminal responsibility

RECOMMENDATION 1
225. The Commission recommends that numerous persons reasonably suspected of participation in criminal activity be prosecuted. These people are identified in relation to each of the events considered by the Commission in paragraphs 113 to 134 above, inclusive.

RECOMMENDATION 2
226. The Commission recommends that the involvement of numerous persons in each of the events considered by the Commission warrants further investigation. These people are identified in relation to these events in paragraphs 114 to 134 above, inclusive.

RECOMMENDATION 3
227. The Commission has recommended that further investigations be undertaken with respect to events of violence for which the Commission cannot identify an individual or individuals as being responsible. These events are identified in paragraph 112 above.

B. Accountability measures

RECOMMENDATION 4
228. The Commission recommends that State officials involved in the events of April and May be subject to appropriate disciplinary procedures and administrative sanctions.

RECOMMENDATION 5
229. The Commission recommends the establishment of robust and independent police and military oversight mechanisms. The mechanisms should be responsible for investigating complaints of police and military conduct.

RECOMMENDATION 6
230. The Commission has concluded that criminal cases should be handled within the domestic judicial system and that the cases related to the events of April and May 2006 be heard within the district court system of Timor-Leste. It recommends further that where, under the Criminal Procedure Code, trials involve a panel, that the panel be comprised of two international judges and one national judge, and where the matter involves a single judge, that judge be an international judge.

RECOMMENDATION 7
231. The Commission recommends the appointment within the domestic system of a senior international prosecutor as Deputy Prosecutor General with a clear mandate to investigate and prosecute the cases related to events of April and May 2006 impartially and without political interference.

RECOMMENDATION 8
232. The Commission recommends that international legal actors undertake the lead role in investigations and prosecutions, supported by national prosecutors. Adequate resources must be made available to support the investigation and prosecution work.

RECOMMENDATION 9
233. The Commission recommends that the prosecutors have access to dedicated police and investigation personnel, adequate administrative, translation and research staff, as well as necessary logistical support.

RECOMMENDATION 10
234. The Commission recommends that the resources of the Public Defender’s Office be augmented, particularly in relation to the employment of further international Public Defenders, investigators, translators, administrative support and the provision of adequate logistical support.

RECOMMENDATION 11
235. The Commission recommends that increased resources be directed towards strengthening the administration and translation services of the court, the Offoice of the Prosecutor General and the Office of the Public Defender.

RECOMMENDATION 12
236. The Commission recommends that adequate security be provided for court actors and premises.

RECOMMENDATION 13
237. The Commission recommends that the Ministry of Justice take steps to ensure the physical safety of witnesses as required.

RECOMMENDATION 14
238. The Commission recommends that consideration be given to broadening the pool of candidates for these positions, in order to maximize the ability to recruit the most qualified persons for these positions. In particular, consideration should be given to widening the advertising of posts by targeting professional associations and modifying the language requirements for the positions.

RECOMMENDATION 15
239. The Commission recommends that donors consider favourably the requests for further support of the judicial sector in Timor-Leste, specifically the extra resources required to handle the cases arising from the crisis.

RECOMMENDATION 16
240. The Commission recommends that immediate attention be given to enhancing security in detention facilities of Timor-Leste.

RECOMMENDATION 17
241. The Commission recommends that part of the Annual Report of the Prosecutor General to Parliament deal specifically with the progress of cases linked to the events of April and May 2006. The Commission recommends that the Office of the Prosecutor General disseminate information regularly concerning the progress of these cases through an outreach programme.

RECOMMENDATION 18
242. The Commission encourages the Office of the Provedor for Human Rights and Justice, UNMIT and NGOs to continue monitoring the progress of cases related to the events of April and May.

RECOMMENDATION 19
243. The Commission recommends that the Government provide reparations for those who have suffered as a result of the events of April and May, with particular attention given to persons who have suffered the death of a family member, significant injury and the destruction of their residences.

RECOMMENDATION 20
244. The Commission recommends that those institutions bearing responsibility for events in question acknowledge publicly their responsibility for having contributed to the events.

RECOMMENDATION 21
245. The Commission recommends that special measures be taken to ensure the dignity and avoid the retraumatization of victims in any judicial or non-judicial processes.

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