Torture and Transitional Justice in Timor-Leste

Abstract

This thesis provides a critical analysis of the experiences of torture victims in Timor-Leste (East Timor). The primary research for this thesis – incorporating observations, documentary analysis and over seventy interviews with both torture victims and workers in transitional justice and non-governmental bodies – has pursued three main themes: (i) how torture was used, suffered and resisted in Timor-Leste; (ii) the extent to which transitional justice institutions – specifically, truth commissions and courts - have provided justice for torture victims; and, (iii) how torture victims experience life in the new state of Timor-Leste. The thesis shows that torture victims in Timor-Leste have experienced forms of violence that, for those of us fortunate to live in less repressive states, is unimaginable. While such violence invigorated political resistance to the Indonesian occupation, this work details its legacy of trauma, fear and numerous other personal and societal problems. In Timor-Leste, a range of transitional justice bodies have been established to deal with these violations – the Commission for Reception, Truth and Reconciliation (CAVR); the Ad Hoc Courts in Jakarta; the UN-led serious crimes process in Dili; and, the Truth and Friendship Commission. In this study, the CAVR was commended by victims for its attempts to provide acknowledgement of their suffering and to encourage a re-engagement between local opponents. However, these limited successes have been downgraded by the failures of other transitional justice bodies. These latter mechanisms have consolidated Indonesian impunity, undermined due process and, in some instances, spread fear and terror. Such injustices have converged with the harsh realities of ongoing life for torture victims. While international actors have spent a great deal of time and money in Timor-Leste, this thesis argues that they have done so in ways that fulfil their own interests, priorities and processes. In this context, torture victims face deepening inequalities, insecurity and further violence. The thesis concludes with suggestions on how future initiatives might be undertaken, within transitional justice bodies, to provide better outcomes for the victims they are established to serve.