Foreign judges fired for exposing East Timor corruption
(Originally published by Equal Times)
The Prime Minister of Timor Leste is coming under mounting international
pressure from human rights organisations and legal bodies over his decision to
expel foreign judges and prosecutors from the country.
On
October 24, Timor-Leste's Prime Minister, Xanana Gusmao, persuaded Parliament to fire seven international judges and
prosecutors who he alleged had caused the country to lose a tax evasion case brought against US Company ConocoPhillips which was contracted to
export oil and gas.
However, a fresh report by the Northern
Territory Bar Association (NTBA) – based in Australia - claims that the
judges may have been expelled out of fear that they might otherwise have brought
corruption charges against members of the Timorese Government.
Alistair Wyvill SC, author of the report, told Equal Times: “The
precise nature of the proceedings against members of the Government is not
clear. However, it is clear that
there are proceedings on foot in Timor Leste courts against members of the
Government or which otherwise appear to concern them.”
Timor Leste gained independence from Indonesia in 2002 after
decades of US-backed Indonesian occupation during which the UN estimates around
100,000 Timorese lost their lives.
Since
then the country has relied on support from the international community to
build a competent and independent judiciary. However,
after speaking to government advisers and local lawyers in Dili, the Timorese
capital, Wyvill claims the expulsions have left the legal system severely
weakened.
“Whilst the judicial system in Timor Leste is not
perfect, its development is best advanced by building on its strengths
including its demonstrated capacity to act independently of Government.
“The recent actions of the Timor Leste Government run
the grave risk of undermining rather than promoting that independence and
destroying the progress which has been made since independence.”
In November a senior Portuguese judge who was expelled
from Timor Leste, told independent journalist Ted Mcdonnell that the government’s actions were motivated by a desire to cover up
corruption:
“They do not want to abide by
the judicial decisions especially when it comes to oil tax assessments and corruption
trials. The government…is tearing up its own constitution. The timing of the sackings need to be looked
at by the international judiciary and other democratic governments.”
The latest report from NTBA comes
amid fresh calls from human rights organisations for Timor Leste’s government
to reverse its decision. Last week The East Timor and Indonesia
Action Network (ETAN) – a US based organisation - reiterated Wyvill’s concerns
and described the
impact of the expulsions on the Timorese judiciary.
“Timor-Leste's
court system is severely limited. Many trials have had to be restarted, people
languish in jail waiting for their trials and victims of crimes are unable to
see justice done. Training of new Timorese judges and lawyers is largely
curtailed, investigations into corruption and other crimes are slowed, and a
message has been sent to everyone in the judicial system - Timorese and
foreign - that they should think twice before displeasing high officials.”
This followed a
statement in November from the UN special
Rapporteur on the independence of judges and lawyers, Gabriela Knaul, who urged
the Timorese authorities to reconsider their decision.
“The resolutions represent a
serious interference in the independence of the judiciary,” said Knaul. “I am
troubled that the decision may have been taken in retaliation for court
judgments which displeased members of the Government and the Parliament.”
Concerns have also been raised by Amnesty International over
the adverse impact the expulsions are likely to have on efforts to prosecute
perpetrators of domestic
violence against women and children.
"Cases being re-tried
include cases of domestic violence and sexual assault, which make up the vast
majority of cases before Timor-Leste's courts. Victims - mainly women and
children - may be subjected to further traumatization and victimization if
required to testify again in new court cases," Amnesty said.
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