The UNMISET Defence Lawyer's Unit was established in September 2002 to address difficulties encountered in the authorized representation of the accused before the Special Panels. DLU additionally lacks the necessary resources to rent expert consultants on points such as forensics, psychiatry, toxicology, sociology and historical past, and is thus limited in its capacity to advance particular defences or to rebut scientific evidence adduced by the prosecution. SCU should also be afforded the opportunity to complete its investigations to the extent possible, with a view to identifying all suspects and to issuing indictments and international arrest warrants to facilitate future prosecution.
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Articles 11 to 19 of the act authorize the arrest of persons "strongly suspected of perpetrating" a gross violation of human rights, and their detention pending and through trial and pending appeal to the Supreme Court. In the course of its mission to Timor-Leste, the Commission has had the chance to verify the concrete influence of the level of funding afforded to the Special Panels, SCU and DLU on the accomplishment of their respective mandates. The Commission concludes that DLU ought to be afforded the means to entry such defence experts the place strictly necessary to mount a full and efficient defence. Prior to the institution of DLU, legal illustration was offered on an advert hoc basis, as a end result of lack of native certified professional defence counsel available for this function. First, the Commission should observe that the serious crimes course of in Timor-Leste, comprising the SCU and Special Panels, has been funded at a degree markedly decrease than other internationalized justice processes. The Act establishes maximum cut-off dates for detention at every stage of the proceedings. The Commission concludes that though the SCU has achieved appreciable success in discharging its mandate since 2000, there is a urgent want for the SCU to complete its investigations, significantly in relation to serious crimes such as rape, torture and murder. The concern of insufficient and irregular funding has been constantly raised as a serious obstacle to the work of the special crimes process in Timor-Leste.

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KPP HAM additionally highlighted other hyperlinks corresponding to TNI membership in a militia group, Aitarak. KPP HAM also relied on the testament of the previous Regent of Almara who revealed that the one who was responsible for the militia field operations was General Zacky Anwar Makarim. It relied on varied reports that pro-integration militia models were supported by the TNI, and specifically Kopassus. He additionally testified as to the weapons utilized by the militias, which had been issued by the TNI.

The Commission takes the view that a few of them could additionally be attributed to the limited scope of the indictment and the prosecution's failure to adduce adequate proof to substantiate all components of the crimes charged. It is with this general background in mind that the Commission evaluates the trial proceedings before the Ad Hoc Court to be able to establish a quantity of other important obstacles and difficulties dealing with this judicial course of. The Panel concluded that though Silaen was conscious of the crimes committed through the incidents alleged, the involvement of the police, his only subordinate structure, in the fee of the crimes in question, was not confirmed. The Commission will now proceed with an analysis of sure trial judgements of the Ad Hoc Court, in light of relevant worldwide requirements, primarily to establish whether or not the Panels of Judges have offered a sufficiently reasoned opinion for their verdicts. The Panel additionally thought of the evidence of the Timorese witnesses who had alluded to the involvement of State forces, however concluded that it was insufficient to establish legal responsibility on the idea that the crimes have been committed because of orders and systematic planning of the superiors of the perpetrators.

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