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TERMS OF REFERENCES FOR THE COMMISSION OF EXPERTS TO REVIEW THE PROSECUTION OF SERIOUS HUMAN RIGHTS VIOLATIONS COMMITTED IN TIMOR-LESTE (THE THEN EAST TIMOR) IN 1999

1. In fulfillment of the Security Council's request that the Secretary-General inform it of developments in the area of prosecution of serious violations of international humanitarian law and human rights in East Timor in 1999, a Commission of Experts (the "Commission") consisting of three members has been appointed by the Secretary-General to assess the progress made in bringing to justice those responsible for such violations; to determine whether full accountability has been achieved; and to recommend future actions as may be required to ensure accountability and promote reconciliation.

2. The Commission shall conduct its work in an objective, impartial and independent manner in accordance with international standards.

3. In conducting its assessment of the work of the Indonesian Ad Hoc Human Rights Court on East Timor, on the one hand, and the Serious Crimes Investigation Unit and the Special Panels for Serious Crimes in Timor-Leste, on the other (the "two institutions"), the Commission shall have the mandate to:

(a) review the judicial processes of the two institutions, including the investigation, prosecution and trial proceedings in both their procedural and substantive aspects, to determine whether they m eet international standards of justice and due process of law;

(b) assess the effective functioning of the two institutions, identify obstacles and difficulties encountered, and evaluate the extent to which they have been able to achieve justice and accountability for the crimes committed in East Timor;

(c) consider and recommend to the Secretary-General, as necessary and appropriate, legally sound and practically feasible measures and/or mechanisms so that those responsible for serious violations of international humanitarian law and human rights in East Timor in 1999 are held accountable, justice is secured for the victims and people of Timor-Leste, and reconciliation is promoted;

(d) consider ways in which its analysis could be of assistance to the Commission of Truth and Friendship, which Indonesia and Timor-Leste agreed! to establish, and make appropriate recommendations to the Secretary-General in this regard.

ANNEX

1. In the conduct of its work, the Commission shall enjoy the full cooperation of the Governments of Indonesia and Timor-Leste. It shall be provided with the necessary facilities to enable it to discharge its mandate, and shall, in particular, be guaranteed:

a. freedom of movement throughout Indonesia and Timor-Leste;

b. free access to all relevant documents, including those in possession of investigative, prosecutorial and judicial institutions;

c. freedom to meet and interview all persons in possession of information considered necessary by the Commission, in conditions of privacy and confidentiality of sensitive information:

d. appropriate security arrangements by the Governments of Indonesia and Timor-Leste for personnel and documents of the Commission, without restricting its freedom of movement

2. The Governments of Indonesia and Timor-Leste shall accord privileges, immunities and facilities necessary for the independent conduct of the work of the Commission.

In particular:

a. Members of the Commission shall enjoy the privileges and immunities accorded to experts on missions under Articles VI and VII of the 1946 Convention on the Privileges and Immunities of the United Nations (the "Convention");

b. Officials of the United Nations shall enjoy the privileges and immunities of officials under Articles V and VII of the Convention; and

c. All other persons performing functions for the Commission shall be entitled, as a minimum, to immunity from legal process in respect of words spoken or written and acts done in the performance of their functions for the Commission.

3. The Commission shall seek the cooperation of third States, where necessary.

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