Torture, truth and justice: the case of Timor-Leste by E Stanley

ELIZABETH STANLEY

Torture, truth and justice: the case of Timor-Leste

London: Routledge, 2008

208 pp. ISBN 978-0-415-47807-6, hb £75

Reviewed by Paul Hainsworth, University of Ulster

Elizabeth Stanley's monograph constitutes a hard-hitting and informed analysis of the mechanisms and practice of transitional justice discourse as applied to the case study of Timor-Leste. As the title of the book illustrates, the practice and question of torture is central to the analysis. The author explores the various tools that have been utilised to address issues of truth, justice and torture in this Southeast Asian territory. Stanley has strong criticisms of the role of the bilateral (Indonesian-Timorese) Commission on Truth and Friendship, the Jakarta-based Ad Hoc Human Rights Courts, and the Dili-based serious crimes process. All these bodies were set up in the wake of Indonesia's bloody retreat from Timor-Leste in 1999 and the author finds that none of them has served to redress issues of justice and human rights violations in Timor-Leste. Instead they are deemed to have entrenched impunity, reinforced existing power relations and left the victims of human rights violations very poorly served.

The author has a more positive view of the contribution of Timor-Leste's truth commission, the Commission for Reception, Truth and Reconciliation (CAVR), set up in 2002 and completing its report in 2005. The CAVR has provided Timor-Leste victims and the people in general with a shared narrative about the territory's history and experiences, whilst at the same time enabling victims to tell their stories and participate in the search for truth and justice in the fledgling nation. As a result, the CAVR has enjoyed the support and respect of many sections of the Timorese population. However, here too, there have been serious problems such as limitations of resources, difficulties for many victims in accessing and participating in the processes of the CAVR, apparent Timorese government sidelining of the findings, and de facto construction of a gendered truth process (in which the voice and experiences of Timorese women is under-recognised). A key theme in the book is the inability of victims to benefit from transitional justice mechanisms due to structural economic and social factors.

The author's critique of the role of transitional justice in Timor-Leste is enriched by her well-incorporated swathe of interviews, notably with victims and relevant others. At times, it appears as if Stanley wants to throw the baby out with the bathwater and dispense with the resort to transitional justice mechanisms in post-conflict societies. She certainly produces a searing critique of them. However, her conclusion calls instead for a better application of the mechanisms, including the ensuring of better conditions for wider participation; more appreciation of context and traditional/indigenous practices; greater emphasis on capacity building; and the dovetailing of the search for justice with redistributive economic programmes. The book is offered as a limited contribution to the suffering of Timorese victims, as well as a plea for the non-engaged to become more involved in 'the lives of others' – in order to help create a more just and democratic society. Stanley's book deserves to be read and engaged with – it makes a valuable contribution to the literature and practice.