Serious Crimes Unit (SCU) and Special Panels for Serious Crimes Cases

SCU established in 1999;  the Special Panels established in 2000.  Work continued until May 2005.

Mandate: Created by the United Nations Transitional Administration in East Timor (UNTAET) (Resolution 1272 of 1999) to investigate and prosecute those responsible for crimes against humanity and other serious crimes committed in East Timor between 1 January 1999 and 25 October 1999 (that is, in the last few months of Indonesian occupation).  Serious crimes include murder, rape and torture. 

Staff: SCU had staff of 111, including prosecutors, investigators, case managers, forensic specialists, translators and mortuary staff.  The SCU was divided into 4 prosecution teams.

Structure: Cases investigated and prosecuted by the Serious Crimes Investigation Units.  The Special Panels adjudicate the trials.  The Special Panels are constituted under the Dili District Court. Each Panel consist of 2 international judges and 1 East Timorese judge.  Appeals are lodged with the national Court of Appeal. [SCU]

Funding: Primarily United Nations.

Results: 84 defendents convicted and 3 defendents acquitted on all charges (http://www.jsmp.minihub.org/courtmonitoring/spsc.htm).  95 indictments were issued involving 392 people accused, but of those only 81 were within Timor-Leste and subject to the jurisdiction of the Court. Many of those indicted found refuge in Indonesia [JSMP & SCU]

October 2007: The UN decided to shut down the serious crimes process in May 2005, after conducting an evaluation. The SCU was closed down despite the fact that more than 600 cases were still pending and the Timorese judiciary would probably be unable and unequipped to deal with the complex cases left behind by the SCU.

The governments of Indonesia and Timor-Leste have continuously refused to support the SCU processes, because it was felt that it was an obstacle to their diplomatic relations. The UN Commission of Experts recommended international criminal prosecutions if the Indonesian government did not prosecute those responsible.

See ICTJ evaluation report on these mechanisms here.