2 J. Int'l Crim. Just. 910 (2004)
Current Developments in Internationalized Courts - East Timor - Justice Denied

handle is hein.journals/jicj2 and id is 924 raw text is: Current Developments in
Internationalized Courts
East Timor - Justice Denied
Sylvia de Bertodano*
1. Introduction
The progress of the Special Panels for Serious Crimes in Dili, and the Indonesian ad hoc
tribunal in Jakarta, was last reviewed in this journal in April 2003. The processes
before both courts are now coming to an end, and the time is right for assessing the
success of these experiments in justice.
The Special Panels for Serious Crimes in Dili were established by the UN
Transitional Administration in June 2000. They have been hearing trials since
January 2001, and since May 2002 they have continued their work as part of the
judicial system of the newly independent East Timor. Although there are still a
number of defendants awaiting trial, for many reasons it appears that no further
positive developments will be forthcoming.
Meanwhile, under strong international pressure, the Indonesian government set
up an ad hoc tribunal in Jakarta, which heard trials during 2002 and 2003. Eighteen
suspects were tried, and the last judgment was handed down in August 2003. Those
convicted are still at liberty awaiting their appeals, and it does not appear that any
further defendants will be indicted.
2. The Special Panels for Serious Crimes in Dili
There have been some recent positive developments in the courts in East Timor, where
appointments of international judges in July 2003 finally brought the panels up to
their full strength for the first time since their inception, and reactivated the Court of
Appeal after nearly two years of its not being in operation. The long-awaited
indictment of the Indonesian high command in February 2003 was also a major step
forward. However, these developments have been overshadowed by a new uncer-
tainty concerning applicable law, which threatens to undermine all the work of the
Special Panels since their inception. Further, the wholly unsupportive response of the
*   Barrister, London; former Defence Counsel before the ICTY; former member of the Public Defence Office,
East Timor: member of the Journal's Editorial Committee.
Journal of International Criminal Justice 2 (2004), 910-926
Journal of International Criminal Justice 2, 3  Oxford University Press, 2004. All rights reserved

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