Dla Piper Africa In Kenya

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The Commission finds that there are certain provisions within the terms of reference of the Commission of Truth and Friendship which contradict worldwide standards of denial of impunity for crimes against humanity, which require clarification, re-assessment and revision. The Commission takes the view that a truth-seeking fee might assist in completing the work of the serious crimes process in Timor-Leste by collecting and preserving information and evidence that might be utilized in future prosecutions. However, the spirit of reconciliation in the different provisions of the phrases of reference, together with the potential for offering reparation for harm caused, supply acceptable avenues for rebuilding the relationship between Indonesia and Timor-Leste. A truth-seeking mechanism may not, however, achieve justice in the sense understood by civil society and victims teams, or the justice that the Security Council hopes to attain in Timor-Leste, as expressed in its decision 1264 . Before the Commission examines all of the obtainable options and sets out it suggestions, it's pertinent to make a couple of observations on the prevailing views of the folks of Timor-Leste, the Governments, the United Nations and the worldwide neighborhood fascinated in the judicial processes of Indonesia and Timor-Leste.

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