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The most basic divergence lies within the case theories of the Attorney-General’s Office and the SCU. However, the mass and enforced evacuation of Timorese into the territory of Nusa Tenggara in January and September demonstrated prima facie proof of systematic planning. The KPP HAM report is critical to the Commission’s assessment of the trials earlier than the Ad Hoc Court, however not necessarily to the trials earlier than the Special Panels. Although the Commission cannot Attorney Turkey agree with the doubtful reasoning which led to the rejection of the sufferer witnesses’ statements documenting active TNI involvement, it cannot be concluded that these findings were unreasonable in gentle of the overwhelming evidence adduced by the prosecution, which forged doubts by itself case.

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The Commission may even contemplate whether the prosecution introduced its case in an goal and fair method. This conclusion is strengthened by proof of crimes that occurred on this context, together with other types of attack corresponding to razing, looting and destruction of property. The panel essentially rejected the prosecution’s concept as set out in the indictment, as there was little evidence of TNI participation. The KPP HAM report establishes there was a scorched earth policy in place, and destruction and looting of civilian property and objects after the announcement of the ballot results. The panel made no findings that the TNI have been in complicity with the perpetrators in orchestrating or assisting within the assaults.

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