Cure Worse than Disease? Comments on Four Final Decisions of the Court of Appeal of East Timor Concerning Serious Crimes

Annotated Leading Cases, Vol. XVI, pp. 879-923, 2009

54 Pages Posted: 4 Dec 2010

See all articles by Sergey Vasiliev

Sergey Vasiliev

Department of Criminal Law; University of Amsterdam - Amsterdam Center for International Law

Date Written: August 1, 2008

Abstract

This expanded and revised version of the commentary that previously appeared in the ALC series, is devoted to the appellate judgments in four cases decided by the Special Panels for Serious Crimes in East Timor in 2004-2005. The annotation focuses on the problematic interpretations and application of substantive and procedural (intenational criminal) law by the Court of Appeal, the de facto highest judicial organ in the fledgling independent state of East Timor. It evaluates the legacy left by that Court in part of the serious crimes adjudication in broader context. The relatively modest success achieved by the SPSC process, and its appellate component in particular, in terms of its contribution to international criminal jurisprudence is explained by the fact that throughout its shortlived existence, it had been impaired by limited funding, staffing problems, logistical mishaps and faltering political support.

Keywords: Special Panels for Serious Crimes, East Timor, Court of Appeal, scope of appellate powers, right to appeal, reasoned decision, sentencing

Suggested Citation

Vasiliev, Sergey, Cure Worse than Disease? Comments on Four Final Decisions of the Court of Appeal of East Timor Concerning Serious Crimes (August 1, 2008). Annotated Leading Cases, Vol. XVI, pp. 879-923, 2009. Available at SSRN: https://ssrn.com/abstract=1718572

Sergey Vasiliev (Contact Author)

Department of Criminal Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

University of Amsterdam - Amsterdam Center for International Law ( email )

REC A919
Faculty of Law University of Amsterdam
Amsterdam, 1001NB
Netherlands

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