30 May 2010
Summary of Monitoring of the Baucau District Court (May 2010)
JSMP Dili 24/05/2010 - JSMP kontinua halo monitorizasaun ba julgamentu kazu sira iha Tribunal Distrital Baucau iha fulan Maiu hahú hosi 11-13 Maiu 2010. JSMP observa katak prosesu julgamentu hala’o regularmente. Signifika katak tribunal marka oráriu julgamentu lor-loron. Kazu sira ne’ebé tribunal marka iha oráriu mak hanesan kazu krime kolektivu.
Maske nune’e dala barak kazu sira ne’e hetan adiamentu tanbá parte sira liu-liu arguidu, vítima no testemuña sira la marka sira nia prezensa iha tribunal. Tuir informasaun ne’ebé JSMP hetan iha tribunal katak parte sira la mai tanbá sira hela dok hosi tribunal.
JSMP haré mos katak dala barak tribunal la konsisten ho oráriu ne’ebé iha, tanbá devez enkuandu tribunal hahú julgamentu tarde liu maske parte sira mai tiha ona iha Tribunal.
Tuir mai informasaun kumpletu;
1) Julgamentu ba kazu Maus Tratus Konjuje, Nu: 36/CRM.C/2010/TDB, arguidu FM-11 Maiu 2010,
Iha akuzasaun hatete katak arguidu basa dala rua iha vítima nia hasan, tuku dala ida iha inus, tebe dala ida iha kotuk laran no tebe dala ida mos iha vítima nia moris fatin nune’e ran sai maka’as hosi vítima fatin refere.. Arguidu halo agresaun fisika ba vítima dala barak ona desde 2004 ho razaun vítima la kous oan mane ida ba arguidu.
Vítima hetan asistensia legal no protesaun hosi organizasaun FOKUPERS durante fulan 4. Arguidu ho vítima hala’o tiha ona akordu dame familiar ne’ebé rekere hosi arguidu rasik.
Arguidu konfesa buat hotu hanesan ne’ebé hakerek iha akuzasaun. Arguidu arepende ninia hahalok no promete iha tribunal oin katak nia sei la halo tan iha futuru.
Deklarasaun hanesan mos sai hosi vítima, maibe vítima husu ba tribunal atu labele kastigu arguidu tanbá entre sira nain rua agora moris iha paz no dame nia laran.
Alegasaun final hosi Ministeriu Publiku (MP) nafatin husu ba tribunal atu kondena arguidu ho pena suspensaun entre tinan 3-4 maske vítima rasik la kohi atu tribunal kondena arguidu. MP mos sei duvida kona-ba promesas arguidu katak sei la baku tan vítima tanbá arguidu nia hahalok grave tebes. Iha parte seluk Defeza husu tribunal atu konsidera onestidade arguidu nian no husu atu fo desizaun ne’ebé justu.
Desizaun ba kazu ne’e sei hala’o iha 25 Maiu 2010.
2) Kontinuasaun Julgamentu ba kazu Tentativa Omisídiu, Nu:149/crm.c/2009/TDB, Arguidu ZJ-11 Maiu 2010
Tribunal la hala’o julgamentu ba kazu ne’e tanbá testemuña ne’ebé tribunal notifika la marka prezensa. Tribunal hato’o ona karta notifikasaun dala rua ba testemuña refere liu hosi koperasaun PNTL noUNPOL. Tribunal sei hala’o fali julgamentu ba kazu ne’e iha loron 19 Maiu 2010.
3) Kontinuasaun Julgamentu ba kazu Tentativa Omisídiu, Nu: 209/CRM.C/2009/TDB, -12 Maiu 2010
Julgamentu ba arguidu nain 4 ho inisial AP, FS, AT no LP ne’e hala’o atu rona depoimentu testemuña sira. Testemuña ida ho naran inisial DX depoimenta kuñese arguidu sira tanbá hosi Suku ida deit, maibe kuandu akotensementu tentativa omisídiu ne’e akontese testemuña la iha fatin. ES nu’udar mos testemuña ne’ebé detein hela iha prizaun Becora (komete krime seluk), depoimenta iha momentu ne’ebá nia ho vítima hamutuk ho ema na’in rua ba iha to’os. Testemuña kuandu ba tesi ai, hasoru malu ho arguidu LP ho GR ameasa atu tá testemuña ne’e maibe testemuña hakiduk.
Kuandu testemuña fila, hasoru malu ho arguidu AT kaer hela tudik ho ran maibe la haré arguidu ne’e hakanek vitima. Testemuña haré arguidu FS tá vítima iha ninia ain tur, testemuña la haré arguidu AP tá vítima maibe haré AP kaer hela katana nakunu ho ran. Tanbá nune’e testemuña tuda fatuk ba arguidu nain rua ne’e hodi nune’e arguidu sira ses hosi fatin ne’ebá. Testemuña haré vítima nia isin nakonu ho ran tanbá hetan tá iha matan nune’e vítima nia matan naklosu sai, liman, ain tur, kabas no kotuk laran. Nune’e agora dau-daun vítima nia matan sorin loos troka tiha ho matan falsu.
Iha alegasaun final hosi MP atu kondena arguidu sira tuir ameasa kastigu ne’ebé prevé iha artigu 53 ho 338 Kodegu Penal Indonesia nian, tanbá haré katak provadu halo duni tentativa omisídiu ba vítima. Iha parte seluk DP kontra alegasaun no akuzasaun MP nian tanbá loloos vítima Miguel mak halo provakasaun no atake uluk hasoru arguidu sira. Tanba ne’e duni, husu ba tribunal atu konsidera no fo desizaun ne’ebé justu ba arguidu sira. Desizaun ba kazu ne’e sei hala’o iha loron 31 Maiu 2010.
4) Julgamentu ba kazu Omisídiu Nu: 190/CRM.C/2009/TDB-Maiu 2010,
Antes hahú julgamentu tribunal lê akuzasaun ba arguidu nain 3 ho inisial CF, AB no NX12 katak iha loron 3 Agostu 2008 akontese tuda malu entre suportador futebol sira, ho akontesementu ne’e arguidu CF lori katana, AB lori fatuk no NX lori tudik duni vítima CXB. Arguidu CF uza nia katana tá vítima nia kakorok to’o kotu nune’e rezulta vítima mate.
Arguidu hotu rezeita akuzasaun ne’e. Arguidu CF deklara katak la lori katana maibe haré arguidu NX lori katana, hodi duni vítima maibe la haré sé mak tá vítima ne’e. Nune’e tribunal haré fila fali autus ne’ebé iha kona-ba deklarasaun arguidu nian iha MP katak arguidu tá vítima to’o resulta vítima mate. Hatan ba ida ne’e arguidu deklara katak nia deklara duni iha MP katak nia mak tá vítima maibe tanbá arguidu nain rua seluk mak promete atu hari’í uma, fo kuda no karau ba arguidu CF.
Arguidu AB deklara, haré ema barak duni malu no tuda malu maibe la haré sé mak tá vítima. Arguidu AB mos deklara la’os nia mak oho vítima. Entertantu, arguidu NX deklara katak haré arguidu CF lori katana, duni vítima maibe la haré CF tá vítima.
Julgamentu ba kazu ne’e han tempu naruk kuaze oras hat nia laran nune’e tribunal la biban atu rona testemuña sira. Tribunal sei hala’o fali julgamentu ba kazu refere iha loron 1 Juñu 2010.
Atu hetan informasaun ne’ebé klean liu favor kontaktu: Luis de Oliveira Sampaio Direitur Eksekutivu JSMP email: Luis@jsmp.minihub.org Landline: 3323883
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TEMPO SEMANAL Rogeiro Lobato the former Minister for Interior under the former Fretilin Government has returned home for the first time since August 2007.
Rogeiro was sentenced to jail for criminal violations after the armed Rai Los group claimed he was the one responsible for the distribution of weapons to civilians in the 2006 crisis.
He has been pardoned by President Horta and now he has totally free.
Read all about Rogerio's crimes here.
East Timor Legal Information Site - An archive of legal news reports from East Timor in English from 2006 - 2008.
TLGov: Government of Timor-Leste celebrates with Eni on the development approval of the Kitan oil field
The Secretary of State for the Council of Ministers and Official Spokesperson for the Government of Timor-Leste
May 24, 2010
Government of Timor-Leste celebrates with Eni on the development approval of the Kitan oil field
Executives from Italy’s Eni assembled in Dili with representatives from the Government of Timor-Leste, the Timorese petroleum regulatory authority, Autoridade Nacional do Petroleo, members of National Parliament, civil society and the media to celebrate the approval of the US $1.1 billion development plan for the Kitan oil field.
The development approval comes after a three-year comprehensive evaluation process in concord with the Timorese regulators, which Eni’s executives noted was a record breaking achievement considering the size and scope of the project. Eni confirmed they were committed to maximizing the direct economic participation of Timor-Leste in the Kitan project, through the use of Timorese goods, services and labour, and will continue to work with the Timorese Government on a range of social and economic development initiatives working towards the growth of the country.
During the celebrations Eni executives praised the Government and the Regulators for their professionalism, transparency and ease in doing business over the three-year planning period.
The Secretary of State for Natural Resources of Timor-Leste commended Eni for working with regulators to ensure that the commercial realities aligned with the national interests of Timor- Leste and noted that the company was a model for conducting business in a manner representing good oil field practice in their conduct, spirit of cooperation and good faith; a process which rendered expedient results.
Kitan is in the joint petroleum development area (JPDA) of Timor-Leste and Australia, sitting 170 kilometers off the coast of Timor-Leste and 500km from Australia.
Eni, one of Italy’s largest industrial companies, operating in more than 70 counties, is expected to produce 40,000 barrels per day with a total recovery of 34.6 million barrels from Kitan. The field lies under more than 300 meters of water with the reservoir 3.3 km under the floor of the Timor Sea. The project will see the first oil come on stream by the end of 2011 with an expected revenue of about $US1.2 billion a year.
Secretary of State Pereira said “Timor-Leste has only begun exploration and exploitation of our resources, with 100% on shore yet to be explored and 50% offshore open for exploitation and exploration in the future. We believe Eni established a precedent as an excellent example of what can be achieved when an operator works in concord with the Government through open and transparent mechanisms conducive to productive results. The project will benefit both the operator and the resource owners. We will only accept this standard of work; with partners who conduct business in a dignified and respectful manner towards the country in which they are operating in and the people who they are working for, the Timorese.”ENDS
Dili, 28 May 2010
FRETILIN warns Timor-Leste Police Chief not to alarm Ermera communities
Exaggerated statements by the National Police Chief Longuinhos Monteiro regarding the security situation in Ermera district have unnecessarily alarmed local communities and appear to be politically motivated, said FRETILIN MP Jose Teixeira, a member of Parliament's Defence, Security and Foreign Affairs Committee today.
Mr Teixeira said Commander General Monteiro's "scaremongering" may be related to de facto Prime Minister Xanana Gusmao's planned visit to Ermera next week.
Mr Teixeira said FRETILIN would urge the parliamentary committee to call the Secretary of State for Security and Police Chief Monteiro to explain events affecting security in Ermera.
"We are very concerned by how this matter has been handled. We hold serious concerns for what may be intended by the police when the de facto Prime Minister visits Ermera district," he said.
Mr Teixeira said FRETILIN had examined the security situation in Ermera and sought the concerns and opinions of local communities, their leaders, the local Police, and other defence and security personnel which contradicted Commander Monteiro's alarmist statements.
Mr Teixeira said: "On the 19th of May 2010 Monteiro was reported in the Timor Post as referring to 'an organized group engaged in terror activities, terrorizing and intimidating communities.....armed with firearms' and that there had been a 'two hour shootout' with the Police in Ermera district. These statements clearly alarmed the communities, and led to questions in parliament.
"However today's Timor Post reported Ermera's top police officer, District Commander Mariano Martins Soares as saying, 'I have not seen the face of one person engaged in such illegalities until now, and as for a shootout perhaps it was the sound of a bed banging at night that has made people in the capital Dili think that there were gun shots here in Ermera'.
Mr Teixeira said Commander Monteiro had been spreading unsubstantiated rumours about armed groups and weapons widespread throughout the district.
"The Ermera police commander made it clear in his Timor Post interview that there had been some criminal conduct but that the victim communities reported attackers armed with machetes only, not firearms.
"Other national defence and security analysts who have surveyed the situation in Ermera agree with the district commander's assessment.
Mr Teixeira said Commander Monteiro's scaremongering was similar to his alarmist statements about 'ninja' activities in Bobonaro and Covalima districts, earlier this year.
"These statements were accompanied by a major police operation resulting in widespread reports of human rights abuses documented by Timor Leste's Ombudsman for Human rights and Justice and a national human rights NGO, the HAK Association. We are concerned this will be repeated in Ermera," he added.
For further information please contact Jose Teixeira MP on +670 728 708
29 May 2010
Radio Timor-Leste, May 18, 2010 language source: Tetun - Fretilin Secretary General Mari Alkatiri has praised Prime Minister Xanana Gusmao as the patriarch of Timorese liberation.
Alkatiri made the comments during a political consolidation meeting with the party’s followers in Manleuana, a suburb of the Capital Dili.
Alkatiri said that talking on the country’s resistance, Fretilin had never forgotten Gusmao’s leadership in fighting for the country’s independence.
Alkatiri also said that meeting with the party’s followers was important to make preparations for general elections in 2012.
DEMOCRATIC REPUBLIC OF TIMOR-LESTE
Head of state: Jose Manuel Ramos-Horta
Head of government: Kay Rala Xanana Gusmao
Death penalty: abolitionist for all crimes
Population: 1.1 million
Life expectancy: 60.7 years
Under-5 mortality (m/f): 92/91 per 1,000
Adult literacy: 50.1 per cent
Impunity persisted for grave human rights violations committed during Timor-Leste’s 1999 independence referendum and the previous 24 years of Indonesian occupation. The judicial system remained weak and access to justice was limited. The police and security forces continued to use unnecessary and excessive force. Levels of domestic violence remained high.
In February, the UN Security Council voted unanimously to extend its mission for another year. In September, a National Commission for the Rights of the Child was established and the government signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. All 65 camps for internally displaced people were officially closed during the year. However, around 100 families remained in transitional shelters.
In June, a new Penal Code came into force which incorporated the Rome Statute provisions but was insufficient to challenge impunity for past crimes. The Penal Code made abortion a punishable offence in most cases. A Witness Protection Law which came into force in July contained some serious shortcomings, such as the failure to include victims of crime under the definition of 'witness'. In spite of an increased number of judges and lawyers in the districts, access to justice remained limited.
Police and security forces
There were at least 45 allegations of human rights violations committed by the police and eight by the military, in particular ill-treatment and unnecessary or excessive use of force. Accountability mechanisms for the police and military were weak. Holding accountable those responsible for the 2006 violence, which erupted after the dismissal of one third of the country's military, remained slow and incomplete but a number of cases were investigated, awaited trial or completed. No members of the security forces were held accountable for the violence during the 2008 state of emergency.
Violence against women and girls
High levels of sexual and gender-based violence remained. Women reporting violence were often encouraged to resolve the cases through traditional mechanisms, rather than seeking remedy through the criminal justice system.
Reports by both the Commission for Reception, Truth and Reconciliation (CAVR) and the Indonesia- Timor-Leste Truth and Friendship Commission (CTF) documenting human rights violations had not been debated in parliament by year's end. However, in a positive move, a parliamentary resolution on the establishment of a follow-up institution on the CAVR/CTF recommendations was passed in mid- December. The Prosecutor General did not file any new indictments based on findings of the UN Serious Crimes Investigation Team into crimes committed in 1999. Only one person remained in jail for these crimes.
On 30 August, the government released Martenus Bere, a militia leader indicted by the UN for crimes against humanity committed in 1999. He returned -- a free man-- to Indonesia in October.
In August, the President rejected calls to set up an international tribunal for past crimes. In September, a National Victims' Congress called for an international tribunal.
Amnesty International visits/report
Amnesty International delegates visited Timor-Leste in June and July.
We cry for justice’: Impunity persists 10 years on in Timor-Leste (ASA 57/001/2009)
Do not ever dream to become bruiser Timor Post, May 27, 2010 language source: Tetun - The Timorese Operational Police Superintendent Chief Mateus Fernandes has called on all the martial art gangs not to dream of becoming bruiser, but try to contribute to the country’s development.
“Don’t ever dream of becoming bruisers. The important thing is development. Therefore it is important to hold discussions if there is something important,” Fernandes said.
He made the comment yesterday regarding some martial arts gangs that had engaged in recent clashes in Baucau, Dili, Indonesia and some other places in Timor-Leste.
He also called on all people to report to the National Police if gangs tried to create conflict in their suburbs.
Indonesian Embassy is yet to receive information on the death of an Indonesian Timor Post, May 27, 2010 language source: Tetun - A staff of the Indonesian Embassy, Carlito da Silva, has said that the Indonesian Embassy in Timor-Leste had not received yet information from the National Police about the death of an Indonesian who was found dead in Hera recently.
He said that the Embassy would not make comments on this case because the case was unclear to them.
He said that their side would confirm the case with the Guido Valadares National Hospital and the National Police to obtain more information on the case.
Meanwhile, the Timorese Operational Police Commander, Superintendent Chief Mateus Fernandes, said that the National Police had informed the case to the Indonesian Embassy for further legal purpose.
Timor Post, May 27, 2010 language source: Tetun - Ex-FALINTIL commando, MP Cornelio L-7 da Conceicao Gama, has said that the ex-guerilla fighters are ready to fight against the illegal armed group in Ermera that wanted to destroy this country.
“We, the ex-guerilla fighter,s are ready to fight againstany illegal armed group. We will hunt them down, because we do not want people of this country to suffer again and this is our statement as ex-guerilla fighters,” Gama said.
He said that there is no reason for anyone to carry weapons illegally as Timor-Leste had reached its independence.
“We engaged in war, some died, were wounded and lost families. We suffered but we did that for the sake of us. We have reached independence but if they [illegal group] want to create conflict then they have to be careful. We will arrest all their family members because we do not want to suffer again as our past was a bitter experience,” MP Gama said.
Meanwhile, the Parliamentary Committee B for Defence and Security President Duarte Nunes confirmed that many of the weapons belonging to the National Police went missing during the 2006 crisis and had not been recovered yet.
However MP David Dias Ximenes, also a member of the Parliamentary Committee B, said the Committee B had no document about the missing PNTL weapons.
According to the Timorese National Police, Superintendent Chief Mateus Fernandes, the current situation in Ermera is under control.
He made the comments regarding the widespread rumors that there was an illegal armed group in Ermera led by an ex- 745 battalion of Indonesia’s TNI.
28 May 2010
Timor Post, May 27, 2010 language source: Tetun - The Dili District Court yesterday postponed the trial process in the case of the attack on the residence of the Timorese Defence Force (F-FDTL) Commander Taur Matan Ruak because former Timorese Police Commander Paulo Fatima Martins was not present.
The court has sent an official letter to the Parliament in order to allow MP Martins to testify in the court, but the Parliamentary Speaker Fernando Lasama de Araujo responded through a text saying that his MP would only provide his response to the court in written form.
Meanwhile, Judge Felismino Cardoso, has said the court would send the same questions to MP Martins that had been asked to other witnesses.
He said that the witnesses should provide their answers within five days.
Meanwhile, Abillio Mausoko, who was is alleged to have been involved in the armed attack on General Ruak's house, said that he was dissatisfied with some leaders who had not contributed to the trial process.
We have always to be subject to the law but some leaders are not. We all should contribute to the trial process. I used to struggle for the country’s liberation as well, but just because of this situation whether I have to face a prison term or not is beside the point. Therefore all people should give their contribution,” Mausoko said.
Six children in Aileu sexually abused Suara Timor Loro Sa’e, May 27, 2010 language source: Tetun - Six children in Aileu are still in traumatic conditions because they were sexually assaulted by irresponsible people since 2003.
According to the data collected by Children Protection, most of the children are under 18 years old of age.
Based on our monitoring findings, six children less than 18 years old of age were violated,” Aileu Children Protection Network, reported.
27 May 2010
Suara Timor Lorosa’e, May 26, 2010 language source: Tetun - MP Rui Menezes from the Democratic Party (PD) is concerned about the illegal armed group in Ermera and therefore he called for further clarification about it.
“I am calling on the National Parliament and the National Police to give clear information, because the Timorese citizens are woried about the existence of illegal weapons , this is because we just had a bad experience of conflict, therefore people do not want to hear the sound of gun shots again,” MP Menezes said.
He said that the Parliament should summon the Timorese National Police and Army to appear in the Parliament to clarify the current situation in Ermera.
Meanwhile, the Timorese Operational Police Commander, Superintendent Chief Mateus Fernandes, has refused to make comment on this issue, and he called on all people not to believe in rumors.
He added that the National Police was making efforts to maintain security situation in the country including control the border to prevent illegal infiltration.
Radio Timor-Leste, May 26, 2010 language source: Tetun - Likisa district Police yesterday recovered a dead body in a river close to Eritu sub-village of Guguleu Village in Maubara sub-district.
Maubara sub-district commando, Agent Chief Florindo Pereira, has said that the thirty-seven-year old man was stabbed by Filomeno Afonso in his neck at the victim’s house on Monday night and Afonso also stabbed another 60-years old man.
Pereira confirmed that after killing the victim, Afonso took the dead body and threw it in the river side at least two kilometers distance from the victim’s house.
“The suspect come to the victim’s house and stabbed him in his neck. That was why the neck of the victim was almost disjoined from its body. The suspect took the dead body and threw it at least two kilometers distance from victim’s house,” Pereira said.
Pereira said that suspect been detained by the Police yesterday in Guguleu village in order to face legal process.
Pereira also said that the dead body would be taken to the National Hospital of Guido Valadares in order to be autopsied whereas the other victim is now receiving medical treatment in Maubara Clinic.
26 May 2010
Timor Post, May 21, 2010 language source: Tetun - Ermera District Police have detained 18 Indonesian nationals composed of 12 women and 6 men as they infiltratde the country illegally.
A detainee, Judita Pereira, has said that they infiltrated illegally by using a small boat and intended to visit their families and to pick coffee in Ermera.
“We come here by usinga small boat and we all come together. We are here to visit our families and to pick coffee but we are detained by the police due to we have no legal documents,” Pereira said.
She added that she wanted to come back to Timor-Leste because Timor-Leste is her birth place or her origin.
Timor Post, May 21, 2010 language source: Tetun - The Timorese police Commander, Commissioner Police Longuinhos Monteiro, has confirmed that the leader of the illegal group in Ermera district was from Indonesia.
He said that the group leader was an officer from the 745 battalion of TNI but was retired, adding that members of the group were from local residents and members of Kolimau 2000 in Bobonaro and Kovalima.
Monteiro said that the National Police would hold operations shortly to hunt down followers of this illegal group who intimidated local residents in Ermera.
“Our responsibility is to ensure security in order to create tranquility and peace in the country, therefore we will hold the necessary operation soon,” Monteiro said.
He added that the National Police would need help from the National Army in the operation if it were necessary.
Timor Post, May 21, 2010 language source: Tetun - President Jose Ramos Horta has granted pardon to prisoners who were engaged in crime during the 2006 crisis.
President Horta said that the objective of giving pardons to the prisoners was a part of makinf feelings of revenge in the people disappear.
“Today I give pardon to those prisoners who engaged in crimse in the 2006 crisis. This is an invitation for peace and all people should live as brothers, respect other people and stay away from feelings of vengeance,” President Horta said.
President Horta said that what he did was a part of his promises made when he sore the oath of office when he became President on 20 May 2007.
He also called on all people to be united in order to contribute to the country's development process, adding that the Government should involve opposition parties in any dialog in order to seek solutions to the problems faced by the country, particularly in the aspects of security, Defense, Justice and National development process on the country.
Komunikadu Imprensa Arguidu no vítima Maus Tratus Kónjuje hato’o sira nia deklarasaun iha Tribunal Maiu 2010 - Iha loron 12 Tribunal Distrital Baucau hala’o julgamentu ba kazu krimi “maus tratus kónjuje ne’ebé involve FM nu’udar arguidu no CM nu’udar vítima. Ba kazu refere, Ministeriu Publiku, akuza artigu 154 Kodigu Penal ne’ebé defini katak; ema ne’ebé pratika maus tratus fíziku ka psíkiku ba nia kónjuje ka ba ema ne’ebé moris ho nia hanesan feen ho lain sei hetan pena prizaun tinan rua to’o tinan neen, kuandu dispozisaun legal seluk la prevee pena todan liu”.
Iha akuzasaun Ministeriu Publiku (MP) nian, haktuir katak arguidu basa dala rua iha vítima nia hasan, tuku dala ida iha inus, tebe dala ida iha kotuk laran no tebe dala ida mos iha vítima nia moris fatin. Tanba aktus ne’e provoka ran fakar maka’as sai hosi vítima nia moris fatin. Arguidu halo agresaun fízika ba vítima dala barak ona desde 2004 ho razaun arguidu vítima la kous (la hetan) oan mane ida ba arguidu.
Direitor JSMP Luis Oliveira Sampaio deklara katak kazu maus tratus ba kónjuje tuir Kódigu Penal artigu 154 nu’udar hahalok ne’ebé ofende no afeita ba ema nia fíziku ka psikiku ba ema ne’ebé moris ho nia nu’udar fen ho laen. Tanba ne’e, Sampaio hatutan katak tribunal tenke konsidera aspeitu no sirkunstansias relevante ba kazu refere hodi hola medida legal tuir lei atu hahalok hanesan ne’e la bele akontese fali iha futuru.
Iha julgamentu ne’e, arguidu konfesa buat hotu hanesan ne’ebé haktuir iha akuzasaun laran. Arguidu arepende ninia hahalok no promete iha tribunal oin katak nia sei la halo tan iha futuru. Nune’e mos vítima konfirma faktu sira ne’ebé prevé iha akuzasaun laran. Maske nune’e, vítima husu ba tribunal atu la bele fó kastigu ba arguidu tanbá entre sira nain rua agora moris iha paz no dame nia laran. Deklara liu tan katak vítima hetan tratamentu iha hospital durante loron 3 no hetan asistensia legal no protesaun hosi organizasaun Fokupers durante fulan 4.
Iha testemuña nain tolu ne’ebé aprezenta hosi (MP), Tribunal deside atu la rona sira nia depoimentu tanbá faktu sira hotu arguidu konfesa tiha ona no refórsa tan hosi deklarasaun vítima nian.
Maske nune’e, iha MP nia alegasaun final MP deside atu matein sira nia pozisaun no husu tribunal hodi kondena pena suspensaun tinan 3 to’o tinan 4 bazeia ba faktus ne’ebé iha. Iha parte seluk, defeza hosi Defensória Públiku (DP) husu ba tribunal atu konsidera onestidade arguidu nian no husu atu fó desizaun ne’ebé justu. Desizaun ba kazu ne’e sei hala’o iha loron 25 Maiu 2010
Tuir interpretasaun autor tribunal ida, ne’ebé servisu iha Tribunal Distrital Baucau katak normalmente ema ne’ebé hetan akuzasaun ho artigu ne’e, kuandu iha prosesu investigasaun hatudu katak ema ne’e komete iha krimi ne’e liu hosi dala ida.
JSMP sente haksolok ho lala’ok julgamentu ba kazu ne’e tanbá arguidu ho vítima ho konsensia rasik, hatudu sira nia kolaborasaun iha tribunal hodi produz faktus, nune’e tribunal sei deside tuir faktus ne’ebé iha. Tuir JSMP nia observasaun iha esperiensia pasadu katak kazu ne’ebé involve fen ho laen dala barak liu vítima ne’ebé iha relasaun ho arguidu rekuza atu hato’o sira nia deklarasaun ba tribunal. Nune’e defisil ba tribunal atu hetan faktus. Tanbá ne’e normalmente, bele kauza ba arguidu sira sempre hetan sentensa absolvisaun.
JSMP hanoin katak maske arguidu arepende nia hahalok no halo tiha ona akordu dame familiarmente, maibe JSMP hakarak rekomenda nafatin ba tribunal atu hatuun desizaun ne’ebé bele fó vantajen no justisa ba parte hotu liu-liu fó lisaun ba arguidu no ba ema hotu atu hakribi no hapara violensia doméstika iha Timor Leste
2010-05-17 - Dili, Timor-Leste, 17 May – Two patrol boats meant to reinforce the naval branch of Timor-Leste’s Defence Forces should arrive in the country this May 20th, on the anniversary of national independence, the State Secretary for Defence indicated on Friday.
The government of Timor-Leste ordered from China two Shanghai III class vessels, with a range of up to 700 miles and able to operate for long periods in the open sea.
The two vessels will be used to reinforce maritime patrols, known to be especially insufficient in the Timorese Economic Exclusion Zone, where illegal fishing has been verified.
The two new patrol boats have a crew of 36 sailors trained in China in the areas of shipboard electronics and mechanics, as well as in naval operations. (macauhub)
East Timor National Alliance for an International Tribunal: Remember We Are All Responsible for Justice for Serious Crimes
Aliansi Nasional Timor-Leste ba Tribunal Internasional
Sekretariado : Fongtil-Caicoli, Dili Timor-Leste
Remember We Are All Responsible for Justice for Serious Crimes
In three days time, the Timorese people will celebrate the anniversary of the restoration of our independence. Though we have been happily celebrating the day with festivities for nine years, a portion of the population is sad on this commemorative day because of wounds that have not healed and still inflict pain. These wounds will not heal while those responsible for them remain free from judicial accountability.
How can we imagine this situation continuing? Some people are happy while others remain sad, but can we call this a victory for all of us? While some people are smiling and content, others are crying and spilling their tears. Can we continue to claim we have achieved harmony and peace? How can we assure an end to impunity when the perpetrators of Serious Crimes in Timor-Leste from 1999 remain free and face no consequences? Why do we pour energy and effort into the courts when the courts themselves have no teeth to bite those who committed Crimes Against Humanity?
We ask you all to consider that the demand for justice for Serious Crimes is not just necessary for the Timorese people, it is not for a movement or a group, but it is the responsibility of everyone in this country, of the international community, and particularly of the United Nations. We are conscious that the demand for justice is not just for Timorese people, but is necessary to prevent future Crimes Against Humanity and human rights violations in other countries. For this reason we firmly insist that the time has come to end the chain of impunity for Timor-Leste and for the people in other countries.
Coming out of a three day strategic planning meeting of the National Alliance for an International Tribunal (ANTI), held 29-31 March at Ismaik in Dare with more than fifty participants, including students, representatives of victims and victims' families, national and international nongovernmental organizations, and international solidarity activists, ANTI requests:
1. That the United Nations stop believing that Indonesia and Timor-Leste will prosecute the cases of Serious Crimes and Crimes Against Humanity committed from 1975-1999, and find an alternative such as the Special Panels to prosecute the criminal perpetrators.
2. All the Embassies and Consulates in Timor-Leste report to your States that the question of justice for Serious Crimes and Crimes Against Humanity from 1975-1999 remain a major concern for the people of Timor-Leste. Thus, we sincerely appeal to you to take action on the question of justice for Serious Crimes as a moral and formal responsibility of your State and society.
3. That the international organizations and institutions supporting Timor-Leste's development address justice issues related to Serious Crimes as a key concern for development and a necessity to assure democracy and the rule of law.
4. That the National Parliament give significant importance and priority to discussing the establishment of an institution to implement the Chega Report, in order to prevent polemics and incongruity among our leaders due to personal opinions that might prejudice the voice of victims who truly want truth and justice for the Serious Crimes and Crimes Against Humanity they suffered.
We believe that the Timorese people, and all of us, still hope that peace and friendship will be realized once justice is achieved for the Serious Crimes and Crimes Against Humanity committed in Timor-Leste from 1975-1999, once the perpetrators are fairly prosecuted and there is accountability.
Justice for the Timorese People,
Justice for all people of all nations in the world.
Dili, 17 May 2010
Wed. May 12, 06:31h - In the scope of a Memorandum of Understanding celebrated between the Ministry of Justice and the international organization "International Finance Corporation" (part of World Bank Group), with the aim of improving the business environment and consequent improvement of economic growth in Timor-Leste, a program of reforms is currently under implementation for the streamlining and simplification of procedures concerning Business Registration.
This program involves several legislative and administrative measures that revise those procedures, as well as the computation of Business Registry service in Díli (Public Registry Department of Registry and Notary Civil Services National Directorate).
Since the procedure for public consultation in the scope of the referred reform is currently ongoing, citizens, companies and, in general, all the stakeholders interested in the creation of a better business environment in Timor-Leste, are invited to participate in the referred public consultation procedure, by accessing to the Ministry of Justice’s website.
The procedure will be held until the coming 28th of May.
Business Registration Reform
In the framework of a Memorandum of Understanding celebrated between the Ministry of Justice and the international organization "International Finance Corporation" (part of World Bank Group), with the aim to improve business environment and consequent improvement of economic growth in East Timor, it is currently under implementation a program of reforms regarding the streamlining and simplification of procedures concerning business registration, involving several legislative and administrative measures with the aim to revise those procedures, as well as the computerization of business registry in Dili (Public Registry Department of Registry and Notary Civil Services National Directorate).
Under a ongoing procedure of public consultation in the scope of the referred reform, it is submitted to the consideration of citizens, companies and, in general, all the stakeholders interested in the creation of a better business environment in East Timor, the legislative measures mentioned below, with the aim to present suggestions of amendment or reformulation of those measures.
Beyond the referred suggestions, stakeholders are invited to present suggestions or proposals of other legislative measures to be promoted in the scope of the current reform, or just complaints concerning the running of business registry and other civil services connected with it.
All the referred suggestions, proposals and complaints may be submitted by email, to the addressjoao .email@example.com , until the coming 28th May.
It will be ensured an answer, in due time, to all the suggestions, proposals and complaints submitted by stakeholders in the on going procedure of public consultation.
Legislative measures considered in the scope of the business registration reform
1) Creation of a special procedure concerning the formalization and registration of companies, involving the following acts and conditions:
a) The business registration office executes the company's name approval (with exemption of a certificate issuance), the incorporation's formalization and its registration, in a single act executed in the presence of interested parties;
b) The company's incorporation formalization will be executed by using legal standardized articles of association;
c) The formalization in the business registration office cannot be requested if any of the shareholders pay his/her capital share's subscription by means of transfer of immovable property, situation which will continue to require a formalization by means of a public deed;
d) Immediately after the registration, the registry office communicates that fact, electronically, to the ministries interested in the disclosure of data about the company's incorporation registration (including the ones that hold competences for the allocation of a tax identification number, for the company's activity and operating conditions licensing, for granting economic benefits and incentives in the scope of investment operations, for residence authorization or issuance of a work visa procedures, and for inspection of work conditions).
e) This service will be provided in the in the Public Registry Department of the Ministry of Justice, in Dili, and, in the future, it may be extended to registration business offices that may be created in other administrative districts of East Timor.
2) Requirement that the signatures of a company or cooperative's founders on the correspondent Memorandum and Articles of Association, formalized by a private document, are executed before the notary or business registration officer legally empowered, who must certify that fact;
3) Decrease of the level of formalization in the incorporation of high grade cooperatives and 1st grade cooperatives subject to a special regime of formalization by public deed by means of a private document, with the certification, by a notary or business registration officer legally empowered, of the entity founding members' signatures, put on the document before the official authority;
4) Approval of a regime concerning the sole ownership operator and legal persons' name registration;
5) Abolishment or reduction of the requirement of a minimum share capital for the incorporation of some legal types of companies (sociedades por quotas and sociedades anónimas), as well as the maximum share capital for the incorporation of sociedades por quotas;
6) Abolishment or reduction of the requirement, prescribed in the general regime applicable to cooperatives, of a minimum initial share capital for the incorporation of those entities;
7) Abolishment of business registration' s acts publication, with declaratory effects, in the official gazette and the local newspapers and its replacement by a mere monthly publication notice in the national gazette (it may be also foreseen the publication of the same information in the Ministry of Justice, as a board information);
8) Attribution of competence to translate (and certify the translation) of documents written in foreign language to other entities beyond notaries, specifically to the Timorese consulate in the country of the document issuance, to the consulate of the referred country in East Timor or to any other official entities who may be considered qualified for that purpose;
9) Abolishment of the requirement of trade entities' legal books authentication in the business registration office;
10) Possible abolishment of some of the trade entities' books that are required by current law and/or provision of the possibility of adoption of other document supports.
Fri. May 14, 13:59h - The Ministry of Finance, through its Minister, Emilia Pires, launched, on the 14th of May, the 2010 National Census Campaign: Population and Housing, in a ceremony carried out at the Mercado Lama Convention Centre, in Dili.
The ceremony counted on the presence of individualities such as the President of the Republic, Jose Ramos-Horta, the Special Representative of the United Nations Secretary-General, Hameerah Haq and the National Representative for the United Nations Population Fund, as well as a few members of Government.
It was in a festive environment that the 2010 Census campaign was started, and which has the main objective of counting all the people that live in the country at a determined date.
On the eve of the 11th to the 12th of July, the population must do the counting of how many people spend the night at their home and keep that register. At any moment, between the 11th and the 25th of July, the citizens will be visited by an interviewer that will do a certain number of questions and the information of the number of people that spent the night in a particular home will be registered.
The information of the 2010 Census will be processed by the National Directorate for Statistics, in collaboration with the United Nations Population Fund, which provides the technical, financial and logistic support, in Dili as well as in the districts.
East Timor Directory - All about East Timor.
24 May 2010
Televizaun Timor-Leste, May 21, 2010 language source: Tetun - The Timorese Police Commander, Commissioner Police Longuinhos Monteiro, has confirmed the type of weapons used by an illegal group in Ermera District.
Monteiro said that the weapon type used by the illegal group is caliber 762 and it is believed that there were still another types of weapons, adding that the police had also identified those people who are involved in the illegal group.
Monteiro said that leader of the illegal group was an ex-Indonesian 745 Military officer.
“The situation in Ermera is under control. The police have observed an illegal group from Indonesia. The leader of the group is an ex Indonesian military officer of 745 and members of this group are Timorese people from various groups such as Kolimau 2000 and others.
They kidnapped one police officer and tried to kill him Sunday 16, but he has been saved by the police. There are many weapons but the one they used is 762 weapon type. They are many but police will make efforts to carry out its work maximally to intervene or prevent those undesirable thing organised to create instability in the country,” Monteiro said.
Monteiro added that the police would make efforts to hunt down and detain those people who were engaging in the illegal group whose presence was supported by local residents of Ermera.
Wed. May 19, 10:15h - As the Prime Minister Kay Rala Xanana Gusmao is visiting the sub-districts to consult on the National Development Strategic Plan, the Council of Ministers’ meetings did not take place on the usual Wednesdays and thus, on the 10th and 11th of May, the Council of Ministers convened again in an extraordinary meeting.
On the agenda there were issues such as the Private Investment Law, the plan for the establishment of the Timor-Leste National Development Bank, the nomination of the members for the Accompaniment Committee in the Promotion Process of Timor-Leste’s National Police (PNTL) and Timor-Leste’s Commissioner for the Civilization Alliance, the Special Career Regime for Health Clinic Professionals and Medical Assistance Overseas, all which, after the discussions, resulted in approval by the Council of Ministers.
Thus, within a closer analysis, the Private Investment Law, presented by the Ministry of Economy and Development, demonstrates the government’s commitment in regards to the creation of wealth and jobs outside the State’s activities and civil servant structure.
Within the perspective of attracting private investment, it has become necessary to alter the existing legislation for national and foreign investment for new laws that may be applied to investors without distinction of nationality or residence.
The approved legislation establishes the legal framework for an investment environment of simple processing and a single reception to investors and determines the group of rights and basic guarantees for investors in all sectors, regardless of nationality. It clarifies on the benefits and fiscal and customs incentives, as well as the leasing conditions of State property and subsidies for training of national workers.
It is the Government’s intention to promote private investment by individual persons or collectives, independently of being nationals or foreign, as well as local investors, resident or not.
The Minister for Economy and Development also saw the approval of the plan for the establishment of the Timor-Leste National Development Bank, which allows for the beginning of the Bank’s formal constitution process.
Therefore, the Council of Ministers defined the type of bank to establish, the capital to retain and scheduling of the necessary activities for its implementation. This will be a “Class A” Bank, centred on a financing capital for the functioning of medium to large companies, which allows the support of businessmen and attracting private investment.
The process of creating the National Development Bank obeys several requirements of legal, accounting and financial nature. This obligates for the drafting of a Decree-Law for the creation, together with the articles of association, of the Internal Regulations and the approval of legislation that allows the creation of State banking entity and the future sale of participations to third parties, including private Timorese individuals.
The new Bank will have a public-private partnership format with the majority of capital (51%) owned by the State and the remainder 49% by private investors and the Rakyat Indonesian Bank (BRI) who will also give the necessary support for its management.
The nomination of the members for the Accompaniment Committee in the Promotion Process of Timor-Leste’s National Police (PNTL) was another of the Resolutions approved. The List of seven members is composed by the following names and positions: Dra. Isabel Ferreira (president), Sra. Madre Guilhermina Marçal (voting member), Dr. Anacleto Ribeiro (voting member), Comissioner Afonso de Jesus (voting member), Chief-Superintendent Faustino da Costa (voting member), Chief-Superintendent José Soares (voting member) e Sr. Bart Laan (voting member).
Professor Benjamin de Araújo Corte-Real was also appointed as Timor-Leste’s Commissioner for the Civilizations’ Alliance, since he is a personality with recognized merit and prestige. The Civilization’s Alliance promotes, to the international community, dialogue and joint actions between the different cultural universes and defends diversity and tolerance as primordial values for the construction of Peace between nations, a motive that drew the Democratic Republic of Timor-Leste to join.
The Ministry of Health saw its Special Career Regime for Health Clinic Professionals that frames these professionals, belonging to the Public Administration, to the Special Career Regime and applies to those that exercise their functions in public health establishments.
The management of these professionals obeys the principle of integration into the National Health Service – so as to obtain a harmony between the organizational needs and the staff – the valuing of the Health Professional – for his acquired knowledge and his effort, with the objective of better applying the human resources in the defence of the Health sector’s public interest – to the stimulus of professional development and the structure of positions and carrers.
The Framework for Health Clinic Professionals is subdivided into 5 groups: medical career, public health career, nursing career, midwife career and diagnostic and therapeutic technician career. Within this framework, two types of careers may be distinguished: hospital career and primary care career.
Career progression follows the Regimen for Careers and Directorate and Management positions for Public Administration.
The Decree-Law that regulates medical assistance abroad, as prescribed in the Health System Law, was presented by the Ministry for Social Solidarity, together with the Ministry of Health.
The approval of the Decree-Law is in line with the Program of the IV Government, which foresees the revision and approval of legislation in the Health sector, aiming at the promotion of equality in health care access.
The project assumes that the Ministry of Health approves a guide where all essential treatments, interventions or diagnosis exams are described and which, by material or human impossibility, cannot be performed in national health establishments and where the guide itself must indicate the foreign institutions where the referred health care may be delivered with quality and at reasonable costs.
Besides the approved items, the Council of Ministers also had the opportunity to analyse the Ministry of Foreign Affairs’ Organic Law, a Study on Quality of Service Evaluation (ordered by the Ministry of Finance), the summary of the Reintegration Plan of the 465 medicine students that return this year to Timor-Leste (presented by the Ministry of Health) and also the Professional Statute of Prison Guards and on the Careers of Conservators and Notaries, by the Ministry of Justice.
The proposal to change the Ministry of Foreign Affairs’ Organic Law intends to clarify the attributions and competencies of the Ministry’s services.
It is the Ministry’s understanding that it is necessary to improve, increase and adapt the Service’s organization, including diplomatic missions and consular posts, and at the same time promote professionalism, efficacy and rigour of these services.
The Ministry of Finance presented the result of the Evaluation of the Quality of Services that it ordered to Asia Foundation. The evaluation took place on the first two months of the current year and was based on user perception. This was the chosen periodic reporting mechanism with the intent of helping the service improvement processes of the Ministry of Finance.
The study reveals a more frequent interaction with the customs process, indicates a lower level of satisfaction since they consider it more complicated. On the other hand, the use of dispatchers proved advantageous and necessary.
In regards to Taxes, the results show that the fiscal information delivered is good. In regards to Procurement, the level of satisfaction and confidence is low highlighting that it is also necessary to improve the quality and access to information regarding tenders.
In general, it was concluded that there must be a continuous collection of information on the reactions from users while at the same time evaluating the reforms and improvements to the process. The availability and access to information must be improved, as well as capacity building (with training and external work sessions) to increase qualifications, internal capacity and give incentive to performance.
The Members of the Council of Ministers also viewed the Reintegration Plan of the medical students that are currently in Cuba, and that total 465 medicine students.
The Reintegration proposal is framed within the Health Human Resources Development Program but its costs are not contemplated in the 2010 General State Budget.
Therefore, the MS presented a budget that it considered necessary for the implementation of the respective Plan proposal, which takes into consideration: travelling, training in the Districts, construction and rehabilitation of District headquarters, office equipment and materials, teaching staff, furniture equipment, transport, accommodation, laboratory equipment and medical equipment, amongst others.
The Professional Status of the Prison Guards was also subject of analysis, where the Ministry of Justice believes it is necessary to approve a special career for prison guard staff that recognize the specificity of their functions, limitations, restrictions, responsibilities and enhanced risk to which they are subjected daily.
The same ministry submitted, for appreciation, the Decree-Law that approves the Careers of Conservators and Notaries and which defines their status, integrating the recruitment regime, inclusion in their career, nomination, progression and remuneration.
- Public Investment Law;
- Plan for the establishment of the Timor-Leste National Development Bank;
- Nomination of the members for the Accompaniment Committee in the Promotion Process of Timor-Leste’s National Police (PNTL);
- Nomination of Timor-Leste’s Commissioner for the Civilization Alliance;
- Special Career Regime for Health Clinic Professionals;
- Medical Assistance Overseas.
- Ministry of Foreign Affairs Organic Law;
- Reintegration Plan Synthesis for the 465 medical students;
- Professional Statute for Prison Guards;
- Careers of Conservators and Notaries by the Ministry of Justice.
22 May 2010
Council of Ministers approves resolution to establish development bank Radio Timor-Leste, May 13, 2010 language source: Tetun - The Council of Ministers has approved a resolution on establishing a national development bank in Timor-Leste.
The resolution is an official process aimed at setting up a development bank in the country that would be grouped as class A which will be financing the major capital for the private sectors.
The process of establishing the approved national development bank will be based on the legal, accounting and finance requirements.
This bank will be set up in partnership with the public and private sectors with the major capital worth 51% from the state, 49 from other capital and the Bank Rakyat Indonesia will help administrate it.
Televizaun Timor-Leste, May 14, 2010 language source: Tetun President Jose Ramos Horta yesterday helda visit to the office of the Prosecutor General in Kolmera Dili to see difficulties faced by the Prosecutor Generals’s staffs in carrying out their work.
The objective of the President Horta’s visit was to provide moral and political support to the staffs of Prosecutor General so that they could carry out their work more optimally in the future.
President Horta said that the Government should better improve and care over the work of the legal aspect, so that the country’s judicial system can be run well.
“I am here to give my moral and political support to the staffs of Prosecutor General, because this institution is taking part in judicial activities. Justice in the country will not be implemented well if the Prosecutor General lacks facilities and human resources that can support its staffs to carry out their work,” President Horta said.
President Horta also called on the Prosecutor General to collaborate with the Timorese Human Rights and Justice Ombudsmen (PDHJ) and the Anti-corruption Commission (KAK) in order to combat corruption practices in the country.
Alex Frew McMillan From: The Australian May 22, 2010 12:00AM Timor - THE mother of East Timor's President, Jose Ramos Horta, remembers evacuating the Timorese capital city, Dili, with the 2/2 Independent Company of the Australian Army. Perched high in the hills, at the war memorial at Dare, she recalls how the Timorese scaled those same tracks on foot so many years back, knowing the Japanese were coming, and scared of what they might do.
"I liked Captain Laidlaw," she says in Portuguese, recalling a famously bearded bear of a man. He was later promoted to major and commanding officer of what's affectionately known as the "second second".
The President's mother is in her 90s, but her story is not unusual. Anyone of a certain age in East Timor will tell you about the Sparrow Force, and how that brave band of Australian commandos took on the Japanese in World War II.
With East Timor finally in a period of relative peace, it's possible to tread in the steps of Sparrow Force. Exploring the country offers up beautiful mountains, red earth set against a bright blue sky, and some wonderful hiking.
Following the path of the Sparrow Force also gives a fascinating window into the country's history and the only troops who did not yield in the face of the Japanese invasion. "They alone did not surrender," Winston Churchill remarked of them.
The most interesting sites relating to the Sparrow Force are south of the capital, where the Australians retreated into the hills that rise up almost 3000m. Read more...
Introduction Into The Balibo Secret
Unearthed secret Defence Department documents prove a massive armaments diversion in the region was at the centre of the Balibo cover up. A conspiracy to keep all Australian Prime Ministers from 1975 onwards ignorant of the arms diversion and the secret Indonesian invasion and thus from intervening in East Timor cost the lives of not only six journalists but hundreds of thousands of East Timorese. There will be no real justice for the dead until this story is told.
There are two camps of contention concerning the questions did Gough Whitlam know of the deaths of the five journalists in East Timor on 16 October 1975 and did he see documents warning of the upcoming invasion of Balibo? It has been claimed by some people, including some of his own officials, that Whitlam actually gave the green light to President Suharto of Indonesia to invade the fledging democratic nation of East Timor.
From my twenty years of research Whitlam appears a particularly honest man with an even pedantic if not obsessive approach to protocol. When an outraged Margaret Whitlam asked her husband why he didn’t slap Governor General Sir John Kerr’s face and rip up the letter that withdrew his commission as Prime Minister, Whitlam replied “Because, Margaret, it was a legal document”. (“Margaret Whitlam”. Susan Mitchell page 266). He had a seeming profound respect, if not fixation for the sanctity of the official written word. If that is the case the following may appear shocking. If we go to the 2007 Coronial Report on the Inquest Into The Death of Brian Raymond Peters, the Coroner Dorelle Pinch notes on page 103 of her report that he was never even aware Indonesian special forces invaded Balibo in mid October 1975, "Rather he was of the impression that the first time Indonesian soldiers invaded East Timor was the attack on Dili on 7 December 1975." The Coroner then notes "As to the time he learnt of the deaths of the journalists, Mr Whitam gave evidence that he was briefed for the first time on 21 October. He stated that he was certain of the date because he was able to check his movements in his Official Diary."
So Mr Whitlam always believed the journalists were killed, not by Indonesian soldiers as the Coronial Inquest found, but in local partisan crossfire between East Timorese forces! This has been the official Indonesian and Australian Government’s line for the last 32 years! Would Whitlam lie under oath against his memory of events, let alone his own documented records. It seems out of character in the extreme that a trained and experienced lawyer would go against his memory of events as well as the document record of his Official Diaries to make a false statement and perjure himself, if he had prior knowledge of the invasion and up to the minute information concerning the murders of the Balibo Five. Read more...
Image added by ETLJB: Torture, murder and genocide were amongst the many crimes committed by Indonesian soldiers and police in East Timor during the 24-year illegal occupation from 1975-1999.
Timor Post, May 19, 2010 language source: Tetun - Eight Timorese National Police officers have testified in the court regarding the ambush set up by deceased rebel leader Afredo Reinado Alves and his followers on May 23, 2006.
During the court trial those witnesses said the ambush and shootings at that time were known to them.
The witnesses also said that the armed group members were in military and police uniforms but they could not identify them specifically.
East Timor Law Journal - Towards the rule of law in Timor-Leste.
Timor Post, May 19, 2010 language source: Tetun - An unidentified armed group consisting of 13 members has engaged in an exchange of shooting with the Timorese Special police force on Sunday (16/5) night in the western district of Ermera. The group members were armed with 11 weapons.
The Timorese National Police (PNTL) Commander, Commissioner Longinhos Monteir,o said the police could not capture those people, but was only able to save the residents’ lives.
“This group has also engaged in setting blaze to the residents’ houses and abducting people. This group appeared firstly in Bobonaro during the operations of hunting down Ninja activities,” Monteiro said.
Monteiro stressed that this armed group had been supported with food and other logistic suppoorts by some of the residents.
The Parliament is also proposing to produce a resolution to engage the Timorese Defence Force (F-FDTL) to respond to this situation.
Televizaun Timor-Leste, May 19, 2010 language source: Tetun - Appellate Court President Claudio Ximenes has said that the Court of Appeal will announce the result of the appeal made by the lawyers of the ex-rebel leader Gastao Salsinha and his men after the celebration of the restoration of Timorese independence on 20 May 2010.
Ximenes made the comment Saturday in the International Airport of Nicolau Lobato before his departure abroad.
He said that the appellate court was now analysing the appeal made by Salsinha’s lawyers, adding that the court would make its decision basde on the existing applicable law.
“They have made an appeal and they question many things and the court will announce its final decision in one or two weeks time,” Ximenes said.
He added that the President of Republic has power to grant pardons to Salsinha and his men as provided for in the Timorese Constitution, but it should be made after the final decision from the court.
Lawyers for Gastao Salsinha and his men lodged an appeal to the court as they were dissatisfied with the recent decision made by the Dili District Court to sentence their clients, adding that the recent decision of the court was baseless as it was not based on the evidence collected during the trial process.
FRETILIN MEDIA RELEASE Dili, 21 May 2010 - FRETILIN re-states its commitment to 2010-2020 as "The decade of peace, stability and development"
FRETILIN party Secretary General Mari Alkatiri yesterday reaffirmed his party's long held and continuing commitment to tirelessly contributing to making the coming decade one of "peace, stability and development" for the people of Timor-Leste. Dr. Alkatiri was speaking to a large gathering of thousands of FRETILIN members and invited guests, including President Jose Ramos Horta, FRETILIN President Francisco Guterres Lu Olo, veterans of the resistance, ambassadors and representatives of other national political parties, at FRETILIN headquarters to celebrate the 36th Anniversary of ASDT/FRETILIN's foundation.
"We as a people, as a nation need peace and stability if we are to attain the human development that will bring social and economic development to our people. We pursue this peace and stability remembering very soberly and without illusions that in 2006 our nation traversed a crisis that took us to the brink of civil war. The 2006 crisis happened not because there was only one thing wrong, not just because FRETILIN did wrong, but because many things had gone wrong, and we must recognize that many of us did things that were wrong. As the Prime Minister at the time I accepted responsibility as head of government, resigned to avoid further bloodshed and faced my accusers in a criminal investigation. I was vindicated in that I was found innocent of any criminal wrongdoing. I have publicly acknowledged many times since 2006 that I accept responsibility for my government and party's failings that contributed to the 2006 crisis. However, it is a lie to say that I was the only one to blame for the crisis.
"When we accept the mantle of national leadership one must be ready to assume responsibility, especially when one is the leader of the government. We cannot simply blame others around us and continue to assert that it is everyone else who has failed or made mistakes, and that we never make mistakes. We are all in this nation building exercise together, as one. There is not one person or party who alone can guarantee peace, stability and development for our people and nation. It will take all of us working together to attain these things. In post-conflict societies such as ours, we have to strive to ensure nobody feels excluded from the governing process. It becomes necessary to build platforms of consensus on truly national development policy. No one should exploit the emotions of our people for political expediency. Everyone should know how to be objective and specific in the messages they deliver to our people in our political contests," Alkatiri stressed.
President Jose Ramos Horta also addressed the gathering, delivering the same message he delivered the night before to a gathering of national and international dignitaries at the presidential palace, in acknowledging FRETILIN's contribution to moving on from the 2006 crisis to achieve peace and stability.
"I would like to take this opportunity to especially acknowledge the positive and constructive role played by the FRETILIN party in creating the enabling environment for peace and stability in this country. The political maturity and critical posture showed by its leaders and cadres has contributed immensely to consolidating and sustaining the precious peace that we are now enjoying after the 2006 crisis," the President told assembled national and international dignitaries at a cocktail party following an honors award ceremony at the presidential palace on 19 May 2010.
FRETILIN party president Lu Olo stressed that despite being persecuted and victims of organized political violence in 2006 and 2007, FRETILIN maintained its dignity and belief that ordinary people wanted peace, stability and development and FRETILIN had to keep this desire by the people alive, despite being unconstitutionally pushed into opposition.
President Horta, FRETILIN president Lu Olo and Dr. Alkatiri also presented former veterans of the national liberation struggle with certificates of recognition for their involvement in FRETILIN, the party that began and carried through to its conclusion the fight for national independence.
For further information contact Jose Teixeira MP on +670 728 7080.
DILI JSMP 21 Maiu 2010 Iha loron Tersa Feira 11 de Maiu 2010 Tribunal Distrital Suai (TDS) la konsege kontinua halo julgamentu ba kazu ofensa integridade fiziku ba kazu ho númeru 58/PEN/2009 husi arguidu TA hasoru vítima EC no RS, ne’ebé akontese iha fulan Abril 2009 nia laran.
Prosesu julgamentu hahú husi tuku 15:15 no konklui iha tuku 16:00. Prosesu julgamentu ne’e dirize husi Juiz singular Dr. José Maria de Araujo, no Prokurador reprezenta hosi Dr. Alfónso Lopes, no Dr. Marcelino Mascarenhas, Dr. Benjamin Barros hanesan eguipa defeza ba arguidu TA.
Ba kazu refere, Tribunal lê deit akordu ba dame ne’ebé mak hato’o husi parte vítima no arguidu hanesan evidensia ba akordu ne’ebé sira konklui ona. Aprosimasaun dalan ba dame ne’e sira hili tanbá parte arguidu no vítima sei iha relasaun familiar.
Maske nun’e JMSP observa katak iha prosesu dame ne’e estraña (ganjil) uitoan, tanbá inisiativa akordu ne’e la’os mai hosi parte interesadu sira, maibe inisiativa ne’e mai fali hosi equipa adovgadu ne’ebé kompostu hosi advogadu Defensoria Publiku no advgadu privadu LBH Covalima iha jurisdisaun refere.
JSMP ejiji ba instituisaun relevantes sira atu hala’o sira nia kna’ar no funsaun ho responsabilidade tuir lei haruka atu nune’e bele hametin justisa ba ema hotu. Tanbá ne’e, JSMP preukupa ho aprosimasaun sira ne’ebé fora ka ses hosi termus judisial ka liu-liu ho intensaun atu ignora prosidimentu ne’ebé mak lolos tenke lao tuir.
Direitór JSMP Luis de Oliveira Sampaio deklara katak mesmu tuir lei fo fatin atu inisia aprosimasaun dalan ba dame, maibe tuir JSMP nia hanoin katak ema ne’ebé iha direitu atu hato’o pedidu ba ema ne’ebé prejudikada hosi aktu ne’e no tenke halo iha prosesu julgamentu nia laran. Tuir Sampaio, nia preukupadu liu tanbá wainhira hala’o akordu ba dame ne’e vítima la hetan asistensia legal ruma atu fasilita nia komprensaun ba akordu dame ne’e nia implikasaun ba justisa.
Iha parte seluk, tuir Advogadu Privadu ne’ebé mak toma konta ba kazu refere, subliña katak kazu ne’e tama kategoria iha violasaun simples no sei prosesa wainhira vítima halo keixa ba autoridade kompetente ba sofrementu ne’ebé nia simu tuir prosidimentu ne’ebé defini iha artigu 145.2 husi Kodigu Penal Timor Leste nian.
Bazeia rezultadu akordu ne’ebé aprezenta hosi vítima ne’ebé mensiona ona iha leten tribunal husu ba arguidu atu la bele repete tan asaun ofensas hasoru vítima tanbá hahalok hanesan ne’e konsidera hanesan aktu kriminal. Tribunal mos subliña katak wainhira vítima halo keixa fali ba hahalok ofensas hanesan mak arguidu sei hetan prosesa tuir dalan justisa fórmal ninian.
Relasionado ho akordu ne’e, Tribunal hatun sentensa absolutóriu ba arguidu bazeia ba pedidu ne’ebé mai husi vítima. Tanbá ne’e antes atu remata prosesu ba dame ne’e, tribunal husu arguidu atu hato’o deskulpa ba ninia asaun ne’ebé halo hasoru vítima iha tinan kotuk.
JSMP observa katak prosesu ba dame ne’e, nu’udar inisiativa advogadu arguidu nian atu ejiji vítima hodi simu pedidu ba dame ho razaun katak sira sei iha relasaun familiar”.
Aktu ne’e bele nota husi asina akordu ne’ebé halao antes julgamentu hahú ne’ebé asina hosi vítima no arguidu hodi justifika nu’udar evidensia atu rekuza fali kazu ofensas refere husi tribunal antes julgamentu hahú.
JSMP sente triste tebes ba asaun husi advogadu ne’ebé mak ejize vítima tanbá tuir JSMP asaun ne’e bele hafóer sentidu justisa ne’ebé justu ba interese vítima nian. JSMP hanoion katak mesmu iha razaun familiar atu justifika aprosimasaun ne’e, maibe JSMP preukupa tanba lei la fo fatin atu halo ida ne’e antes tama ba julgamentu. JSMP konseinte katak so juiz-da-kauza (juiz ne’ebé kaer prosesu) deit mak iha kbit tuir artigu 262 KPP kona-ba tentativa ba konsiliasaun. Maibe posibilidade ne’e so halo deit iha prosesu julgamentu laran depois de konsidera aspeitu no sirkunstansia ba kazu ne’e nia natureza.
JSMP hein katak failansu sira hanesan ne’e sei la akontese tan iha futuru. Tanbá neglensia tekniku sira ne’ebé bele implika ba komplikasaun atu produz justisa no destroi kuadru sistema judisiairu ne’ebé ema hotu tenke respeita no hahi tuir nia dalan.
Adapted from: http://laohamutuk.blogspot.
For the last five years, Timor-Leste's Petroleum Fund has served our country well. Since it was created, oil revenues and the state budget have grown beyond expectations. With ambitious future plans, the Government is revising the Fund's investment strategy and amending the Law which created it. La'o Hamutuk believes that this has major implications for current and future generations, and should done carefully, with wide public discussion of all issues and decisions.
La'o Hamutuk has posted a new web page "Revising the Petroleum Fund Law" ( http://www.laohamutuk.org/Oil/
La'o Hamutuk has obtained a January 2010 Discussion Paper circulating within the National Directorate of the Petroleum Fund in the Ministry of Finance. This paper has not been released and may not represent decisions already made, but it includes suggestions from the Investment Advisory Board, consultants and staff. The Discussion Paper presents options for significant changes to many parts of the Law, including transferring management from the BPA to the Ministry of Finance, reducing the independence of the Investment Advisory Board, removing most restrictions on investments, increasing the recommended annual expenditure from 3% to 5% of Timor-Leste's petroleum wealth, enabling the fund to be used as collateral for borrowing, and allowing some withdrawals without Parliamentary authorization. We have include a summary of the options discussed in the paper on our new web page.
In 2005, the Petroleum Fund Law was enacted with a unanimous vote of all parties in Parliament, and we hope that any changes this year will also receive support from across Timor-Leste's political and social spectrum. To do so, they must serve the long-term national interest, rather than the priorities of a particular party, generation, or economic class.
21 May 2010
Timor Post, May 17, 2010 language source: Tetun - Likisa District Investigation Police Chief, Jeraldo Soares, has confirmed that two male youths, Ruben dos Santos and Felix de Fatima, are detained because they assaulted Nilton Maria Gutemberg, a secondary school student in his class room.
Soares said that Gutemberg was beaten up by dos Santos and Fatima last May 13 in the afternoon when he was participating in teaching and learning proces. Suddenly, dos Santos and Fatima came and hit him.
“The victim was beaten up by the attackers on his face therefore he sustained injuries to his face,” Soares confirmed.
He added that the case was now in the investigation process.
“They will be tried in the court, because they engaged in an act of crime,” Soares said.
Image added by ETLJB: District map of Likisa (Liquica) showing sub-districts. Likisa is the first district to the west of Dili. Adorned by beautiful beaches and stunning mountains, Liquica was the scene of a horrifying massacre at the Roman Catholic Church in the District capital town which is also called Likisa during East Timor's tragic and bloody secession from Indonesia in 1999.
Read a terrifying account by a survivor of the Liquica church massacre on 1999 Horrors of East Timor.
Suara Timor Loro Sa’e, May 17, 2010 language source: Tetun - Inspector General for Lottery Games in the Ministry of Tourism, Commerce and Industry, Miguel Lobato, said the Government would legalise shortly illegal gambling to prevent acts of crime in the country.
Lobato stressed that the Government through the Ministry of Tourism, Commerce and Industry was now preparing to regulate lottery gambling such as “bola guling, kuru-kuru and cock fighting”.
Meanwhile, village chief of Aimeri-Laran, Jose Mucasana urged the Government to halt all the illegal gambling in the country because such gambling has a severe impact on the people’s lives.
A Timor Loro Sa’e National University student, Elbino Alves Correia said the Government needed to cooperate with the police to prevent illegal gambling in the country.
See further, on East Timor Law Journal, the following analysis of the social problem of gambling in East Timor:
English Version - The Circulation of Lottery Tickets in East Timor
Indonesian Version - Pengedaran Kupon Berhadiah di RDTL
Portuguese Version - Comercializacao de Bilhetes de Lotaria na Republica Democratica de Timor-Leste
This analysis of the social problem of prostitution in East Timor was produced by the civil society component of the University of San Francisco's Legislative Drafting Initiative (in conjunction with The Asia Foundation's Access to Justice Program) in 2003-2004. Blog author implemented the LDI.