The Commission and the formal justice system are complementary. Working in cooperation, they will assist each other and contribute to the fulfillment of the mutual responsibilities to achieve justice in the broadest sense.
The Commission will relieve the workload of the formal justice system by addressing a large number of less serious crimes that might otherwise burden the courts. At the same time, the Commission will depend on the various branches of the formal justice system to enable it to fulfill its functions.
The roles of these bodies in relation to the Commission are defined in Regulation 2001/10.
The police will assist the Commission's reconciliation and truth-seeking functions by providing security to victims and witnesses, addressing issues of non-compliance with Community Reconciliation Agreements (CRAs), and assisting with information gathering.
The Office of the General Prosecutor (OGP) is tasked with the review of the Deponent's statements and prompt decision-making on referrals.
The District Court is required to review and register Community Reconciliation Agreements (CRAs) and to take action if CRAs are not complied with.
Information-sharing between these institutions and the Commission will also be mutually advantageous. Cooperation in this area will reduce duplication and miscarriages of justice, and assist Commission processes of verification, fact-finding, and the recovery of a more complete historical record. The Commission's findings will contribute to the investigative work of the OGP.
To assist this cooperation, the legal unit of the Commission will include persons tasked to liaise with the formal justice system. At the same time, the various bodies that make up this system should ensure they are adequately equipped to fulfill the requirements of the Commission.
Copyright © 2001, 2002 Commission for Reception, Truth and Reconciliation in East Timor