Report of the United Nations - 1

Independent Special Commission of Inquiry for Timor-Leste
Geneva, 2 October 2006
Summary
The Independent Special Commission of Inquiry for Timor-Leste was established under the
auspices of the United Nations High Commissioner for Human Rights following an invitation from
the then Minister for Foreign Affairs of Timor-Leste to the Secretary-General to establish such a
body. Its mandate was to establish the facts and circumstances relevant to incidents that took place
on 28 and 29 April and 23, 24 and 25 May and related events or issues that contributed to the
crisis, clarify responsibility for those events and recommend measures of accountability for crimes
and serious violations of human rights allegedly committed during the mandated period.
The present report is based upon extensive interviews and analysis conducted by the
Commission in Timor-Leste. In excess of 200 witnesses were interviewed and 2,000 documents
were considered by the Commission. The Commission has been able to establish a detailed and
accurate narrative of the events of April and May which resulted in significant loss of life, injury
and widespread property damage.
Further to that narrative of events and circumstances, the Commission has established the
responsibility of various actors and institutions. While recognizing that Timor-Leste is a fledgling
democracy with developing institutions, it is the view of the Commission that the crisis which
occurred in Timor-Leste can be explained largely by the frailty of State institutions and the
weakness of the rule of law. Governance structures and existing chains of command broke down or
were bypassed; roles and responsibilities became blurred; solutions were sought outside the
existing legal framework. The Commission has examined exhaustively the responsibility of the
relevant security institutions, organs of Government and international institutions and made
findings as to the acts and omissions of these bodies which contributed materially to the events.
The mandate for clarifying responsibility for the events of April and May also includes
establishing individual criminal responsibility. The Commission is neither a tribunal nor a
prosecuting authority. It makes no conclusions about the guilt beyond reasonable doubt of specific
persons. Rather, it identifies individuals reasonably suspected of participation in serious criminal
activity and recommends that these people be prosecuted under the domestic law. Persons holding
public office and senior appointments within the security sector are among such individuals
identified. The Commission also identifies other persons with respect to whom further
investigation by the competent authorities may lead to criminal prosecution.
In accordance with its mandate the Commission has made recommendations regarding
measures of accountability to be accomplished through the national judicial system. This system
must be reinforced considerably. It is vital to Timor-Leste that justice be done and seen to be done.
A culture of impunity will threaten the foundations of the State. The Commission is of the view
that justice, peace and democracy are mutually reinforcing imperatives. If peace and democracy
are to be advanced, justice must be effective and visible. This will require a substantial and longterm
effort on the part of the Government and its international partners.


List of abbreviations
ASDT Associação Social Democráta Timorense (Social Democratic Association of
Timor- Leste)
CNRM Conselho Nacional de Resistência Maubere (National Council of Maubere
Resistance)
FALINTIL Forças Armadas de Libertação Nacional de Timor-Leste (Armed Forces for the
National Liberation of East Timor)
F-FDTL FALINTIL - Forças Armadas de Defesa de Timor-Leste
FRETILIN Frente Revolucionária do Timor-Leste Independente (Revolutionary Front for an
Independent East Timor)
IDP internally displaced person
NGO non-governmental organization
PD Partido Democrático
PKF United Nations Peacekeeping Force
PNTL Polícia Nacional de Timor-Leste
PSD Partido Social Democrático (Social Democratic Party)
UDT União Democrática Timorense (Timorese Democratic Union) [¿
UIR Unidade Intervenção Rápida (Rapid Response Unit)
UNMIT United Nations Integrated Mission in Timor-Leste
UNOTIL United Nations Office in Timor-Leste
UNPOL United Nations Police
UNTAET United Nations Transitional Administration in East Timor
UPF Unidade Patrulhamento Fronteira (Border Patrol Unit)
URP Unidade de Reserva da Polícia (Police Reserve Unit)

Chronology of significant events
9 January 2006 Forças Armadas de Libertação National de Timor-
Leste/FALINTIL - Força de Defesa de Timor-Leste (F-FDTL)
soldiers submit a written petition to Brigadier General Taur
Matan Ruak and President Gusmão.
17 February 2006 The petitioners abandon their barracks.
16 March 2006 The dismissal of 591 petitioners is announced. The effective
date is 1 March 2006.
23 March 2006 The President makes a speech criticizing the decision to
dismiss and referring to the “east versus west” issue.
18 April 2006 The petitioners submit a letter to the General Commander of
the Políicia Nacional de Timor-Leste (PNTL), seeking
permission to hold a peaceful demonstration from 24 to 28
April inclusive.
24 April 2006 The petitioners’ demonstration begins in front of the
Government Palace.
28 April 2006 Violence erupts outside the Government Palace on the last
morning of the demonstration. Two civilians are killed, four
persons suffer firearm injuries, two persons suffer other
serious injuries.
More violence occurs at Comoro Market. One civilian is
killed, eight persons suffer firearm injuries, four persons
suffer other serious injuries.
At Raikotu/Taci Tolu violence occurs within the F-FDTL
operational area. Two civilians are killed, five civilians suffer
firearm injuries.
F-FDTL is deployed to assist PNTL to restore order and
contain the petitioners.
29 April 2006 The decision is made to withdraw F-FDTL.
1 May 2006 Joint F-FDTL Military Police and PNTL operations
commence.
3 May 2006 Major Alfredo Reinado abandons the F-FDTL Military Police
taking with him other military police officers, PNTL officers
and weapons.
4 May 2006 The withdrawal of F-FDTL is completed.
8 May 2006 Incident of violence in Gleno in which eastern PNTL officers
are attacked. One officer killed, one officer seriously injured.
Minister of the Interior Rogerio Lobato arms two groups of
civilians - the Rai Los and Lima Lima groups - with weapons
and ammunition belonging to the Border Patrol Unit (UPF) of
PNTL.
17- 19 May 2006 The Frente Revolucionária do Timor-Leste Independente
(Revolutionary Front for an Independent East Timor)
(FRETILIN) Party National Congress held in Dili.
21 May 2006 Minister of the Interior Lobato distributes additional UPF
weapons to the Rai Los group.
23 May 2006 F-FDTL and PNTL officers are ambushed by Major Reinado
and his group. Five persons are killed, 10 persons are
seriously injured.
24 May 2006 Attack on F-FDTL soldiers in Taci Tolu/Tibar by the Rai Los
group, petitioners, and PNTL. Five persons are killed two
persons are seriously injured.
Attack on the house of Brigadier General Taur Matan Ruak.
One person is killed, two persons are injured.
F-FDTL arms civilians with the knowledge of Minister of
Defence Rodrigues.
25 May 2006 The house of in-laws of Minister of the Interior Lobato is
burnt. Six civilians trapped inside the house are killed.
An armed confrontation between F-FDTL soldiers and PNTL
officers centred on the PNTL headquarters is followed by the
shooting of unarmed PNTL officers escorted under United
Nations protection. Nine persons are killed, twenty-seven
persons suffer serious gunshot injuries.
A shooting occurs at Mercado Lama. One civilian is killed,
two civilians are wounded.
1 June 2006 Minister of the Interior Lobato and Minister of Defence
Rodrigues resign.
25 June 2006 Minister for Foreign Affairs Ramos-Horta resigns.
26 June 2006 Prime Minister Alkatiri resigns.
10 July 2006 José Ramos-Horta is sworn in as Prime Minister.

Contents
Paragraphs
I. Introduction............................................................................................. 1 – 17
A. Establishment of the Commission…………………………..…..… 1 - 3
B. Terms of reference…………………………………………………. 4 - 5
C. Composition of the Commission……………………………………. 6 - 7
D. Working methods………………………………………………..… 8 - 14
E. The visits of the Commissioners to Timor-Leste…………………... 15 - 16
F. Cooperation of civil and military authorities of Timor-Leste,
other concerned Governments, the United Nations,
non-governmental organizations and other representatives of civil
society…………………………….…………………………………… 17
II. Background to the crisis of April and May 2006 ....................................18 - 36
III. The facts and circumstances relevant to events of April and
May 2006..................................................................................... 37 – 101
IV. Responsibility………………………………………………………… 102 - 173
A. Legal background..............................................................................102 - 108
B. Individual criminal responsibility......................................................109 - 134
C. Institutional responsibility................................................................ 135 – 173
V. Accountability measures.........................................................................174 - 219
A. Existing judicial mechanisms............................................................ 176 - 203
B. Augmenting international support…………………………………. 204 - 211
C. Use of traditional justice reconciliation processes………………….212 - 213
D. Other measures of accountability…………………………………...214 – 220
VI. Conclusion and findings................................................................................221 - 224
A. Conclusions…………………………………………………………221 - 223
B. Findings………………………………………………………………... 224
VII. Recommendations........................................................................................225 - 245
A. Individual criminal responsibility…………………………………..225 - 227B.

Accountability measures……………………………………………………228 - 245

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