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. 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. 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. 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. 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. 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. 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. 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. 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.
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