29 June 2010
‘Timor-Leste; Justice in the Shadow’, an Amnesty International report released today on the country’s latest Penal Code, documents how the law allows amnesties that would prevent trials of people suspected of war crimes or crimes against humanity.
Without a ban on such amnesties, Timor-Leste is not fulfilling its obligations under the Rome Statute of the International Criminal Court, to which it acceded in 2002.
“Survivors of decades of human rights violations in Timor-Leste are demanding justice and reparations, but the authorities’ routine use of amnesties, pardons and similar measures has created a culture of impunity,” said Isabelle Arradon, Amnesty International’s Researcher on Timor-Leste.
Amnesty International fears that the Timor-Leste authorities’ potential use of amnesties due to the gap in its new Penal code, will damage the young nation’s ability to develop a strong deterrent to violence, maintain an independent and trusted judiciary, and hold armed groups and security forces accountable for their actions.
People indicted and convicted by the UN Special Panels for Serious Crimes for crimes against humanity committed during Timor-Leste’s 1999 transition to nationhood, have been among those released by presidential pardons or commutation of sentences.
In 2008, militia leader Joni Marques was set free after his sentence was substantially reduced by the President. He was originally sentenced to 33 years’ imprisonment for crimes against humanity.
“The authorities in Timor-Leste are compromising on justice to seek peace – but trading away justice for such serious crimes only undermines the rule of law, and cannot resolve the trauma of the past,” said Isabelle Arradon.
In 2009, the Timor-Leste government allowed Maternus Bere, indicted by the United Nations Serious Crimes Unit, to avoid prosecution by transferring him to Indonesia before he faced trial. Bere had been a militia leader involved in massacres of civilians in 1999.
‘Timor-Leste: Justice in the Shadow’ acknowledges important steps that the country has taken to include many of its obligations under the Rome Statute into its Penal Code. However, as well as the lack of explicit ban on amnesties for crimes under international law, the Penal Code lacks provisions on co-operation with the International Criminal Court.
Amnesty International supports a long-term comprehensive plan to address impunity in Timor-Leste.
This would include the establishment of an international tribunal to investigate and prosecute those responsible for the crimes committed under Indonesian occupation; a search for the disappeared; reparations for the thousands who suffered and the relatives of those who died; and an approach to amnesties, pardons or similar measures that does not undermine the rule of law.
In August 1999, the people of Timor-Leste (then East Timor) voted overwhelmingly in favour of independence from Indonesia in a UN-sponsored referendum. The lead-up to the polls and its aftermath were marred by crimes against humanity and other serious human rights violations. Most of those suspected of such crimes are still at large in Indonesia.
Between 1974 and 1999, 100,000 people are estimated to have been killed or starved to death in Timor-Leste, according to the report of the Commission for Reception, Truth and Reconciliation in East Timor (CAVR).
Crimes against humanity and other human rights violations were most acute during the 24 years of Indonesian occupation from 1975. They included unlawful killings; enforced disappearances; arbitrary detention; torture and other ill-treatment; war crimes; sexual violence; violations of the rights of the child; and violations of economic, social and cultural rights.
The overwhelming majority of the past crimes, mostly at the hands of the Indonesian security forces and their auxiliaries, have yet to be addressed.
More information is available in Amnesty International Report 'We cry for justice’: Impunity persists 10 years on in Timor-Leste’, (AI Index ASA 57/001/2009, 27 August 2009), available at: www.amnesty.org/en/library/info/ASA57/001/2009/en ENDS/Public Document
25 June 2010
PNTL does not respond to situation, residents panic Timor Post, June 25, 2010 language source: Tetun The local residents of Bairo Pite, a suburb of the Capital Dili were panicked by the recent conflict involving gangsters, leaving one young man killed, as the police did not respond to the situation instantly.
A local resident, Marcos Geronimo, who is a resident of Delta suburb said when the clash happened, they contacted directly police, but they were dispatched too late for responding the situation.
Geronimo said before the National Police (BOP) arrived at the scene, the UN Police was there, but their action was not optimal and that made the clash continued to happen longer.
On the other hands, Francsico Monteiro said he was also concerned about the police’s presence, as many times the National Police pledged to provide security but in fact they were late to respond to
23 June 2010
F-FDTL soldier assaults a young man Diario Nacional, June 23, 2010 language source: Tetun A Timor Defence Force (F-FDTL) soldier from the Marine Unit is suspected of being engaged in assaulting a young man after a wreath-laying flower ceremony in Hera, a suburb of the Cpital Dili.
The victim, Albino Laurindo Guterres, said the F-FDTL soldier beat him when he returned from a wreath-laying flower ceremony at about 10 in the evening.
Guterres stressed that he was faint and fell to the ground. An F-FDTL lieutenant contacted the ambulance to take him to the Guido Valadares National Hospital for medical treatment.
In response, State Secretary for Defence, Julio Thomas Pinto, said such attitude breached the defence forces regulation; therefore this case needed to be investigated for further legal process.
TLLLPIC 23 June 2010 DILI - The USAID Land Law Program in East Timor produced draft legislation 4 years ago this month and there is still no land law in East Timor.
There has now been more than a decade for reforms to be made to the land law in East Timor but successive governments have failed to come to terms with the most complex of social problems in this country: land law and policy concerning the indigenous and colonial land rights systems that have operated in this jurisdiction over the last 4 centuries of its recorded history and the violent and unsettled land disputes that are largely the result of the colonial occupations.
This social problem - which ultimately stems from uncertainty surrounding land ownership and the lack of a just dispute resolution mechanism to deal with the multitude of land conflicts - is not just a matter of the technicalities of legislative drafting but revolves around more complicated social, political and economic exigencies. They have proven to be too difficult to confront.
This uncertainty erodes the integrity of the civil peace and economic development and the longer the government sticks its head in the sand about land problems, the more serious and destabilising these problems will become.
The following is a report from the East Timor Legal Information Site legal news archive from June 2006 about the East Timor Land Law Program which to date has failed to provide any properly informed framework for the articulation of the requisite policies and laws - notwithstanding considerable donor aid and the mobilisation of numerous international experts.
02 JUNE 2006 USAID Land Law Program II East Timor: Final Report Published - The final report on the USAID-funded East Timor Land Law Program has been published. The Land Law Program, implemented was undertaken by the the Ministry of Justice through the National Directorate of Land and Property.
"On the legislative drafting front, LLP II worked with government and prepared the main land bill entitled Juridical Regime of Immovable Property - Part III: Property and Transfer Systems, Land Registration, Pre-Existing Rights and Title Restitution. This bill addresses the themes related to the new immovable property and land registration systems to be implemented in the future, the provisions for the resolution of land claims and title restitution of pre-existing freehold rights and the compliance with the Constitution by non-national claimants of land rights. Numerous work sessions with high-level government officials and a special committee designated for the review of the bill took place. Advocacy for the passage of the law was carried out to the fullest extent possible. The submission of the bill to the Council of Ministers is pending.
The law drafted previously by LLP II on Leasing between Private Parties was passed by Parliament. A draft decree-law for the regulation of illegal constructions and informal settlements was prepared and delivered to the Ministry of Justice. The first debate of the bill at the Council of Ministers took place in December 2005.
A bill on Land Taxation and Expropriation was also delivered to government in mid-March 2006 for the future debate of these matters and to be considered only after the main land bill is passed and the land registration system is fully functional. In addition, the DNTP Organic Law was drafted and accepted by the Ministry of Justice for consideration along with ministerial decrees on lease tender processes, contract preparation, and delegation of responsibilities by the Minister of Justice to DNTP."
Suara Timor Lorosa’e, June 21, 2010 language source: Tetun AThe case about the 2006 shooting attack on the residence of the Timorese Defence Force (F-FDTL) Commander, Major General Taur Matan Ruak, is now in process and waiting for the verdict from the court.
The former Likisa District Police Commander, Abilio Mausoco, was accused of engaging in the attack and therefore he was charged with committing a crime and carrying illegal weapons.
MP Paulo Fatima Martins the Former Commander of the PNTL in his testimony to the court said that Mausoko breached the rules of the PNTL as his commander did not authorise national police officers to carry out activities in the capital of Dili.
Meanwhile, Leandro Isaac, another witness, said Mausoko fired bullets at the residence of General Ruak on 25 May 2006 when the attack took place and he left anohter accuse, Damiao, to become the victim.
Another accused, Artur, who was also involved in the attack said that he did not see Damiao and Lekiluru at the house of General Ruak when the attack took place.
At the same time the defence lawyer for Mausoko and his friend, Paulo Remideius, has called on the court to make a proper decision about his clients as his clients had cooperated well with the court during the trial process.
East Timor Legal Information Site - An archive of legal news reports from Timor-Leste in English from 2006 to 2008.
Timor Post, June 21, 2010 language source: Tetun Angelita Pires, accused but acquitted of having been involved in the plot to attack President Jose Ramos Horta’s residence in February 11, 2008, said she would take President Horta and two Portuguese journalists to the court because they had defamed her with falsehoods.
In a written letter to the court, Ms Pires wanted to sue Horta and the Portuguese journalists, because during the trial she was not found guilty regarding the allegations against her.
The court has recently made verdict in which Pires was not found guilty, due to a lack of evidence.
Radio Timor-Leste, June 21, 2010 language source: Tetun One of the UN Portuguese Police officers was killed in a fatal traffic accident in the country’s east in Manatuto district.
Sergeant Hermenegildo Marques died after he was taken to the UN clinic in Dili.
Meanwhile, another UN Portuguese police officer sustained injuries and was evacuated to Darwin for receiving intensive medical treatment.
The UN mission in Timor-Leste sent condolences to the deceased’s family and the Portuguese Police contingent.
The accident happened when a team of Portuguese police was heading to Viqueque district to neutralise explosive items in that district.
Suara Timor Loro Sa’e, June 22, 2010 language source: Tetun One person was killed and two others sustained serious injuries during a martial art clubs’ conflict in Delta, a suburb of the Capital Dili.
The UN and the Timorese National Police have detained several people who are suspected of having engaged in the clash.
The PNTL Operational Commander, Superintendent Chief Mateus Fernandes said the police also had identified some other people to be arrested, but still waiting for arrest warrants from the Public Prosecution.
Fernandes stressed that the police officers were still continuing to provide security at the scene, because two groups of the martial art clubs were still provoking each other.
Suara Timor Loro Sa’e, June 22, 2010 language source: Tetun The Court of Appeal has made a final verdict to sentence former rebel leader Gastao Salsinha to 10½ half years in prison over the attack on President Horta’s residence on February 11, 2008.
Meanwhile, Salsinha’s followers were sentenced to 9 ½ months in prison but others were sentenced for up to 10 years in prison.
On the other hands, Angelita Pires and some other accused that were suspected of being engaged in the plot to attack President Horta was totally acquitted.
22 June 2010
Diario Nacional, June 18, 2010 language source: Tetun Following the recent assault of a journalist by one of the task force police officers, President Jose Ramos Horta has pledged to contact the Timorese National Police (PNTL) Commander, Commissioner Longuinhos Monteiro, to respond to this case.
“I will phone the PNTL commissioner or his deputy to come to explain this case to me and why the police assaulted this journalist. I do not know clearly about the case,” Horta said.
Horta said it was bad attitude if the police assault a journalist carrying out his/her work.
Horta added that he wanted an official report from the police about the case, so that he could be properly informed about it.
The Diario Nacional journalist, Joao da Silva, was assaulted by some of the task force police officers when he was taking pictures at the Palacio do Governo.
Belo stressed that it was important for the victim to make a claim to him [Belo], so that they could process the case legally and said the attacker should be sanctioned based on the existing law.
“I think the National Police never beat anyone without reason and probably there were some certain officers who engaged in assaulting the journalist. It is important for the victim to report this case to the commander so that we can hold a thorough investigation into it,” Belo said.
He added, “Many people have always accused the Task Force of engaging in assaulting people but at this time many civilians are also wearing the Task Force uniform; therefore we need to identify whether the one who maltreated the Journalist is a task force officer or not.”
Image added by ETLJB: The heavily-armed East Timor Police Force
20 June 2010
Angelita Pires earlier this year was found not guilty of involvement in the February 2008 attempt on the lives of President Jose Ramos Horta and Prime Minister Xanana Gusmao but prosecutors were quick to appeal the verdict.
At the time of the attacks, Pires, 44, was the lover of rebel leader Alfredo Reinado, who was shot dead in a gunfight that left Ramos Horta critically wounded.
Prosecutors accused Pires of being an "indirect author" of the assassination plot by convincing Reinado to kill the leaders and financing his rebels.
But an appeals court on Monday upheld the lower court's finding that there was insufficient evidence against the dual Australian and East Timorese citizen.
Pires' Darwin-based barrister Jon Tippett, QC, said it was a "wonderful decision".
"Justice has won the day," he told AAP.
"The Timorese justice system was really able to rise to the occasion."
Mr Tippett said prosecutors could not launch any further appeals.
"This is the end," he said.
It is understood Ms Pires - who has been in Australia since the original verdict was handed down - plans to return to East Timor, possibly to pursue a political career.
It is believed Ms Pires also has begun writing a book about her life with Reinado and subsequent legal ordeal.
Hollywood reportedly has expressed interest in her story.
More than 20 Timorese men have been jailed for between nine and 16 years for the assassination attempts.
19 June 2010
Timor Post, June 17, 2010 language source: Tetun - The Timorese Police Deputy Commander, Commissioner Police Afonso de Jesus, said that he had not received any information saying that some weapons belonging to the Timorese Special Police Force (UFP) went missing in the border zone.
De Jesus stressed that the UFP officers in the border informed him about the current situation in the area and that it was under control, but they did not inform him about missing weapons.
“I think this is only rumors, because we are yet to receive clear information about the weapons that went missing at the border zone,” de Jesus said.
De Jesus added, “No information saying that people confiscate the weapons of the UFP, I have no information about it, I have not received any report from the UFP commander about it.”
He added that the current situation in Ermera district was under control, because team from the National Army and Police was holding patrols in the area to ensure security for the people.
Diario Nacional, June 17, 2010 language source: Tetun The Timorese National Police Commander, Commissioner Afonso de Jesus, has said the police officers who had recently assaulted one of the Timorese journalists from Diario Nacional daily newspaper must be processed legally if they had received claims from the victim.
“This is another case, if the task force police officers were really engaged in assaulting the journalist, then the victim should make a claim, so that we can process it legally,” De Jesus said.
Commissioner De Jesus stressed that it was very unprofessional behavior by the police: even when the journalist had showed them his ID card they continued beating him.
The Dili District Police Commander, Pedro Belo, also said once the victim made a claim then they could process the case legally.
The Diario Nacional journalist, Joao da Silva, was assaulted by some of the task force police officers when he was taking pictures at the Palacio do Governo.
Diario Nacional, June 17, 2010 language source: Tetun - Members of the National Parliament from both Fretilin and the National Congress for Timorese Reconstruction (CNRT) have strongly condemned the actions of the task force police officers who recently assaulted a journalist from the Diario Nacional daily newspaper saying that such violations by the police threaten freedom of the press in the country.
MP Aderito Hugo da Costa from CNRT said such actions by the National Police officers would be a threat to the country’s freedom of the press.
Meanwhile, MP Jose Texeira from Fretilin said it was a serious case that needed to be handled by the state secretary for security, because such actions had happened many times including the case of the assault by police officers of a resident of Atauro last year.
Texeira added that the assault of the journalist was a violation and was against the country’s constitution.
11 June 2010
I have information that on last Wednesday 26 of May, the Indonesian Military infiltrated Timor-Leste territory about one kilometer from Naktuka sub-village of Deloupe village in Nitibe sub-district (Oecuse),” MP dos Santos said.
MP dos Santos called on the state bodies to seek a solution to resolve this case soon and try to search for more information about their reason for raising the flag in the territory of Timor-Leste.
Radio Timor-Leste, May 31, 2010 language source: Tetun - 28 of the Indonesia’s TNI soldiers have illegally entered Timorese territory and destroyed two social houses in Beneufe village in Oe-Cusse district last Saturday (29/5).
Oe-Cusse Border Police Commander, Arlindo Cofe said the TNI soldiers were from the security post at Oe-poli of Kupang [in West Timor] and said all were armed.
They are from battalion 742 based in Natauka, they said these two buildings should not have been constructed here. I do not know the reason why, but this case should not be resolved with the Timorese Government’s policy,” Cofe said.
Oe-Cusse residents said this case happened in relation to the border demarcation that is about to be concluded by Timor-Leste and Indonesia.
09 June 2010
Dili, 7 June 2010
Government admits 60% of public works projects of 'bad quality'
The AMP de facto government has finally admitted its US$74 million 'referendum package' of public works has been a costly failure. Its Secretary of State for Public Works, Domingos Caero, said "about 60 per cent of the Referendum Package Projects are of bad quality, and we have already taken steps to penalize the companies that we have identified as being no good." (Timor Post 7 June 2010).
FRETILIN MP and member of parliament's Infrastructure Committee, Inacio Moreira, today said failure was inevitable given that the 'referendum package' - so-called because it was announced coinciding with the 10th anniversary of the 1999 Referendum on Independence - was done hurriedly to spend the budget allocated for the controversial heavy fuel power station that was ultimately cancelled and for electoral advantage.
"There was no planning, no engineering or technical designs, no feasibility studies, no environmental impact studies," Mr. Moreira said. "Now the man in charge of the package is admitting that the result is '60 per cent bad'."
Mr Moreira said the de facto government was now trying to make contractors the scapegoats for the government's own failure to plan and prepare projects.
"FRETILIN has persistently raised questions in parliament and highlighted in the press numerous projects that have been abject failures," he said.
"We have also asked questions regarding the legality of budget allocation and the government's decision to directly transfer money to the National Contractor's Association, AECOOP, even before any physical works had commenced.
"We will seek to hold the government accountable through a parliamentary investigation. This must take place urgently, because the de facto government has already launched a similar package, called the 'Development Package', again without adequate planning or preparation."
For more information please contact Jose Teixeira MP on +670 728 7080
08 June 2010
06 June 2010
FRETILIN MEDIA RELEASE Dili, 6 June 2010 Parliamentary committee asks, 'Where has the money gone?'
Members of a cross-party parliamentary committee are asking, 'Where has the money gone?' following their visit to the construction site of the government's US$260 million heavy fuel power station.
The government has so far paid the contractor China Nuclear Industry 22nd US$22 million. Yet, members of parliament's Committee C - Economics, Finance and Anti-Corruption Committee - who inspected the site at Hera on 3 June 2010, came away concerned with the lack of physical progress of the project and questioning the amount paid thus far.
The Vice President of Committee C, Cecilio Caminha MP, a member of the de facto government's CNRT parliamentary bloc, said after the visit: "The calculated US$22million paid out is not equivalent with the physical works the committee has just seen here." (Timor Post date 5 June 2010)
Speaking to journalists in Dili today, FRETILIN MP and parliamentary spokesperson Jose Teixeira said Mr. Caminha's remarks showed that even government MPs are concerned about the financial transparency of this huge and controversial project, which has undergone tumultuous reviews and redesigns, none of which have ever been transparent.
"The company contracted to supervise the contract, Bonifica Consultants, has told the committee that US$22million has been paid so far, yet the committee agreed after visiting the site that the work done to date does not reflect that expenditure. So where has the money paid by the government gone, and for what has the government paid this amount?" asked Teixeira.
Teixeira said the de facto government had ignored FRETILIN MPs requests for copies of the contract documentation to allow MPs to scrutinize the deal, in line with their constitutional mandate. "I and other colleagues in parliament formally tabled requests for copies of the contract and design documents addressed to the de facto Minister of Finance, in April 2009, but to date we have had no response. Our requests about the same time to the Ministry of Infrastructure for copies of the contract and design documents, and to the Minister for Economy and Development for documents relating to environmental approvals have met the same fate.
"When de facto Prime Minister Gusmao wrote to parliament on 4 November 2009 announcing that the second hand heavy fuel station project had been abandoned and replaced with a ‘new generators’ project, FRETILIN expressed concerns about the financial cost to Timor-Leste's coffers. You cannot cancel a contract to buy generators and then opt to purchase new ones, without some indemnity costs for loss of opportunity by the contractor. By ignoring our request for information about this the government is attempting to unconstitutionally withhold information to prevent parliament from scrutinizing public finances.
"The Gusmao de facto government claims to have implemented unprecedented best practice in public finance management, but everyone from civil society to international development partners, except the World Bank who are complicit to it all, knows the opposite is the truth.
"The government has kept secret copies of contracts for the heavy fuel station, patrol boats from China, and other large government contracts, which never underwent a public tender process.
"Even details of payments made to retired former presidents, prime ministers etc, all have been kept secret. You cannot even access information to tell who are the shareholders of a company that has won a tender.
"This government is totally lacking in transparency and has done its utmost to avoid parliamentary and public scrutiny of its management of public finances, especially on procurement. This is evidenced by what has gone on with this project, which is now being questioned even by their own senior people in parliament."
For further information please call Jose Teixeira M.P. on +670 728 7080
05 June 2010
Suara Timor Lorosa'e, June 4, 2010 language source: Tetun - Dili Diocese Bishop Monsignor Alberto Ricardo da Costa has strongly condemned people who are believed to have engaged in killing and throwing away babies in the country.
The bishop said the people were inhuman, immoral and irresponsible and said such actions were against the country's culture.
Da Silva called on the Timorese people to stay away from such attitude because it was not reflecting the Timorese culture.
This is bad attitude and we have never agreed with this kind of action and as Timorese we should not imitate it," Da Silva said.
He called on the country's people to put hands together work for humanity and protecting children for a better future.
ETLJB Editor Note: On 29 May 2009, RTTL reported on the discovery of a baby's body in the Dili suburb of Delta 3.
From East Timor Law and Justice Bulletin Legal News 29/05/2009 A baby found dead in Delta 3 Radio Televisaun Timor Leste 29 May 2009 - Residents in Delta 3, a suburb of the Capital Dili, on Thursday (28/5) morning found a the dead body of one-day-old age baby, police report.
See also the following subsequent reports on the Delta baby murder on East Timor Law and Justice Bulletin
Police should not cover up investigation into baby murder Radio Televisaun Timor Leste 12 June 2009 - Director for the Timorese NGO Forum(FONGTIL) Dinora Grandinero said the police should not cover up the findings of an investigation into the case of the apparent murder of a baby in Delta 3 because it is a matter og great public concern.
Public need to know the motive in the Delta 3 baby mirder: Fokupers Radio Televisaun Timor Leste 12 June 2009 - The Timorese women's organisation known as FOKUPERS has stated that the public needs to know the suspect and motivein the Delta Nova baby murder case.
For a report on the shooting death of a baby in Dili, click here (another ETLJB post)
Timor Post, June 4, 2010 language source: Tetun - The security situation at the Dili sea port has not been good and therefore many imported goods went missing.
An exporter said many of his goods went missing, particularly those goods that were out of containers such as rice, tyres and so forth, adding that things went missing many times in the Dili port because security was not guaranteed.
Meanwhile, another unnamed source also recognised that it was true that the security in the harbor was not maintained well and it had impacted on the goods imported from other countries.
Timor Post, June 4, 2010 language source: Tetun - Dili District Court has appreciated the contribution of the Timorese National Police to the judicial process in the country.
Panel Judge Antonio Goncalves said the court appreciates the PNTL's officers, particularly those who had good will to testify in the court, like Timorese Police Deputy Commander, Commissioner Afonso de Jesus, regarding the gun fire between the late ex-rebel leader Alfredo Reinado Alves and his men with the Timorese Defense Force (F-FDTL) soldiers in Fatuahi on May 23, 2006.
"The Court appreciates the presence of the PNTL's Deputy Commander Commissioner Afonso de Jesus in court to contribute to the court trial. The court also congratulated the PNTL officers who had appeared in the court and gave their testimonies about the Fatuahi case," Goncalves said.
Meanwhile, Deputy Timorese Police Commissioner Afonso de Jesus said that it was important for all people to be subject to the existing law.
I think our [PNTL officers] presence in the court is a new thing and all the citizens have a role to cooperate with the court in order to implement well justice in the country," de Jesus said.
Farther Mouzinho unhappy about criminals being freed from legal charge Televizaun Timor-Leste, June 4, 2010 language source: Tetun - Catholic Priest Mouzinho Lopes has said that he was unhappy with the court decision to free the criminals who shot him during the country's crises of 2006 near the Dili Mercado Lama market place.
Lopes said that as priest he pardoned the assailant but he was unhappy because his testimonies in the court were in vain.
As a priest, I pardoned the attacker. They have many reasons but just to say that the one who shot me should be careful with his life and he should not cheat himself because one day he will responsible for what he did," Father Lopes said.
He also said he received medical treatment yearly in Indonesia due to the wound on his body.
He added starting from the first constitutional Government, the court had not carried out its task optimally to provide justice for those people who sought the justice because there was an intervention from political leaders.
04 June 2010
Timor Post, June 2, 2010 language source: Tetun The Asia Foundation in Timor-Leste has conducted training for the community police about conflict prevention by creating community leader councils in order to identify, analyse and make classifications of the problems and how to resolve them in the community.
The Trainer from the Asia Foundation, Joao Hendrique Fereira, said that the reason the Asia Foundationchose five viallges in Cristo-Rei sub-district for implementing Community Policing training was because the leaders of those villages were energetic and hard workers.
"We will see if the security situation in that village is of concern to the local residents,” Fereira said.
He said that the objective of providing the training was to better enable the community leaders and Community Policing officers to cooperate with each other to resolve problems.
Meanwhile, Dili District Community Police Commander Inspector Assistant Paulo da Costa said the training was positive as it will help the community leaders and police to resolve any problem that might appear in the future.
Suara Timor Loro Sa’e, June 2, 2010 language source: Tetun - The National Parliament has officially launched the proposed law no 37/II on the general additional state budget for 2010 worth $837.981 to the Special Committee C to look at it and give comment before coming to a plenary debate.
MP Manuel Tilman who is also the president of the Committee C said such an amount was divided into five categories. US$99.99 Million allocated for salaries, US$268.78 million for goods and services, $491 million for minor capital workds and capital development is allocatedUS$ 184.632 million.
From such amount the Government would withdraw the country’s petroleum funds worth US $801 million, while the rest of the amount would be taken from the domestic revenue.
Image: Mr. Manuel Tilman, President of the East Timor National Parliament Committee C on Economy and Finances
Suara Timor Loro Sa’e, June 2, 2010 language source: Tetun - President Jose Ramos Horta did not grant any pardons to prisoners on the commemoration of the Timorese Independence Restoration Day on May 20 this year because the ex-rebel leader Gastao Salsinha and his followers were not included in the list proposed by the Government.
An unnamed source said the Government had prepared a list of the prisoners who would be pardoned but the pardon did not happen because Horta did not see Salsinha and his men’s names in the list.
Minister for Justice Lucia Lobato said she did not know the reason why President Horta had not declared the pardon of the prisoners.
The Government proposed 100 prisoners to be pardoned by the president on May 20, 2010, but it did not happen.
President prefers dialog to resolve problems in Ermera Radio Timor-Leste, June 1, 2010 language source: Tetun - President Jose Ramos Horta said the state should use dialog as an appropriate way to resolve social, political and criminal problems in the country’s western district of Ermera.
The president made the comments on Tuesday (1/6) at Nicolau Lobato international airport regarding the issue of the illegal armed groups that try to threaten the local residents in Ermera.
Horta stressed that he had no detailed knowledge of the problems in Ermera but he recognized that acts of crime were staying in high in that district.
Unfortunately every year many problems appear in Ermera district. Various groups appear in Ermera, Stadu village, Letefoho, Atcabe, Bononaro and Lolotoi. I will contact our police commander to discuss this issue,” Horta said.
Horta added that apart from doing operations, the state could hold social interventions such as holding dialog.
PD calls on intelligence to provide factual information Radio Timor-Leste, June 1, 2010 language source: Tetun - The Democratic Party (PD) MP Rui Menezes has called on the country’s institutions, mainly intelligence agencies to provide factual information on the issues which could impact on stability of the country.
MP Menezes said the intelligence services in the country had not shown an adequate reaction in relation to the illegal armed groups in Ermera.
Menezes urged the state institutions, mainly the intelligence department, to justify this issue.
He added that the intelligence service should work professionally, as the public wanted factual information.
PNTL should investigate rumors of illegal armed groups: MP Menezes Radio Timor-Leste, June 1, 2010 language source: Tetun - MP Rui Menezes from the Democratic Party (PD) said the National Police should launch a thorough investigation into the rumors about the illegal armed groups’ presence in Ermera district.
Menezes said the National Police Commander had recently made comments that there were illegal armed groups engaging in exchanges of shootings with the police in Ermera, yet Ermera District Police and the National Police operations commander had denied it.
The deputy police commander initially stated there was an illegal armed group, but later he recognized that the group does exist. Therefore, the police need to investigate it professionally,” Menezes said.
He added that the illegal armed groups were led by the ex-Indonesian military officer known as 745.
Police have evidence of illegal armed groups in Ermera Suara Timor Loro Sa’e, June 2, 2010 language source: Tetun - The Timorese National Police Investigation Department (NID) has concrete evidences from the victims on the activity of the illegal armed groups who have maltreated the local residents in Ermera district.
The National Police Commander, Commissioner Longinhos Monteiro, said talking on the state security people should be opened minded and should not bring political party’s interest into the state security.
Monteiro called on the country’s people who were talking on security to open their mind and to have good views on security.
He added that what he had publicised was based on the facts collected from the National Investigation Department and said all the residents in Ermera knew this situation.
President Horta to conatct Commissioner Monteiro Timor Post, June 2, 2010 language source: Tetun - President Jose Ramos Horta has said that he would contact the Police Commander Commissioner Police Longuinhos Monteiro in order to seek a solution to end the presence of the illegal armed groups in Ermera.
President Horta said he had no clear information about illegal armed group in Ermera, but he added that there many problems had appeared in Ermera so far.
For few years there have been many problems emerging in Ermera district, Estadu village, Letefoho, Atsabe, Bobonaro and Lolotoe,” President Horta said.
In relation to this case, President Horta said he would contact the PNTL Commander Longuinhos Monteiro to hold operations and hunt down the illegal armed groups.
Horta also said that the police should have dialog with the local residents on the issue of illegal armed groups.
We should not wait for the police intervention but we need to know why this problem appears. If this case is 100 percent as acts of crime then the police should take the necessary action against it, but if this case appears due to politics then we should intervene in a social manner,” President Horta said.
02 June 2010
Arguidu no vítima Maus Tratus Kónjuje hato’o sira nia deklarasaun iha Tribunal
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.
Atu hetan infórmasaun ne’ebé klean liu favor kontaktu: Luis de Oliveira Sampaio Direitur Eksekutivu JSMP Email: Luis@jsmp.minihub.org Landline :3323883
Sumariu Julgamentu Kazu iha Tribunal Distrital Oe-Cusse (Summary of Oe-Cusse Distict Court Judgements in May 2010) Maiu 2010
Julgamentu ba kazu krime rua iha médiu fulan Maiu 2010
Orariu julgamentu iha Tribunal Distrital Oe-Cusse la’o hanesan bai-bain. Iha segundu semana fulan Maiu tuir orariu julgamentu ne’ebé maka TDO hasai iha kazu krime lima (5) ne’ebé tama iha ajenda atu halo julgamentu.
Husi kazu sira ne’e hot-hotu klasifikadu nu’udar kazu krime ofensas ba integridade fíziku simples no furtos. Maske nune’e tribunal la konsegue realiza prosesu hotu-hotu tanbá iha kazu balun ne’ebé maka tenki adiadu tanbá razoins arguidu husi kazu balun la kumpri notifikasaun tribunal nian hodi la marka sira nia prezensa.
Tuir mai informasaun kompletu kona-ba prosesu sira ne’ebé maka hanesan tuir mai:
1. Prosesu Julagmentu ba kazu Nu.08/PCO/2010/TDO
Tribunal Distritu Oe-Cusse (TDO) iha loron 18 de Maiu lê akuzasaun ba arguidu JE no SA ba kazu krime Ofensa ba integridade fíziku ne’ebé arguidu sira komete.
Julgamentu ne’e hala’o bazeia ba akuzasaun ne’ebé Ministériu Públiku (MP) akuza argudiu nain rua ho krime ofensas ba intergridade fíziku ne’ebé maka sira halo hasoru vítima AS.
Iha konteudu akuzasaun haktuir katak iha dia 25 de Dezembru 2009, mais ou menus tuku 09.00 iha Jardim Oe-Cusse Vila, arguidu JE tuku dala barak hasoru vítima AS maibé kona deit dala ida iha ibun. Nune’é mos arguidu tebé dala ida iha vítima ninia hirus matan too monu ba rai.
Konsekuensi husi hahalok arguidu nian rezulta vítima hetan kanek iha ibun no ran. Motivu husi akontesementu ida ne’e tanbá vítima tolok no trata aat hasoru arguidu nia alin feto ne’ebé mos nu’udar vítima nia fén ne’ebé maka oras ne’e ho estatutu hela separadu ba malu (pisah ranjang).
Maske iha akuzasaun MP akuza arguidu nain rua, JE no SA maibé iha sentensa ne’ebé maka Juiz lê iha dia 19 de Maiu nu’udar desizaun final husi tribunal, tribunal so kondena deit arguidu JE ho pena kastigu durante fulan 3 tanbá arguidu maka nu’udar autór material iha kazu ida ne’e tuir artigu 145 (1) KP ne’ebé defini katak “sé maka ofende ema seluk nia isin ka saude sei hetan pena prizaun too tinan 3 ka multa”.
Tuir Juiz katak artigu aplikavel ne’e prova duni tanbá hahalok arguidu priense rekizitus . Faktus provadus ne’ebé maka produs maka hanesan arguidu rasik konfesa faktus sira katak akuzasaun ne’e loos. Deklarasaun husi vítima no depoimentus husi Testemuña AO ne’ebé mos reforsa akuzasaun MP nian refere.
Konkluzaun husi desizaun ida ne’e maka, tribunal aplika pena alternativu husi pena efetivu fulan tolu (3) ba arguidu hodi selu multa ho osan Dolar Amerikanu haat ($ 4) kada loron ida durante loron 90. Nune’é arguidu iha dever atu selu osan hamutuk $ 360,00 (Dolar Atus tolu neen nulu).
Entertantu ba arguidu tribunal konklui katak la iha faktus provadus ne’ebé produz iha julgamentu laran hodi justifika SA nia involvimentu iha kazu ne’e. Aleinde ne’e akuzasaun ne’ebé maka MP akuza hasoru arguidu SA la indika halo asaun ruma hasoru vítima iha mumentu akontesementu. Tanbá ne’e, tribunal hamonu sentensa absolutoriu ba arguidu SA husi akuzasaun Ministériu Públiku.
Aleinde julgamentu Prosesu No. 08/PCO/2010/TDO iha leten, kazu rua seluk ne’ebé maka tama agenda atu julga iha loron hanesan, 18 de Maiu maibé tribunal tenki deside adia tanbá arguidu na’in rua husi prosesu 03/PCO/2009/TDO no 52/PCO/2009/TDO la marka sira nia prezensa iha tribunal. Arguidu sira mos la aprezenta antes informasaun ba tribunal konabá sira nia difikuldades. Tanbá razaun sira ne’e tribunal deside atu kontinua julgamentu ba prosesu rua ne’e iha dia 13 de Jullu 2010.
2. Prosesu julgamentu ba kazu Nu. 52/PCO/2009/TDO
Julgamentu ba prosesu kazu ida ne’e mos la konsegue realiza tanbá arguidu la marka prezensa iha tribunal, nune’e tribunal fo xamada atensaun ba arguidu tanbá la kumpri notifikasaun tribunal nian dala 3 ona. Ba notifikasaun ikus ida ne’e maka arguidu la marka tan ninia prezensa, tribunal sei hasai mandadu kapturasaun hodi kaptura arguidu hodi hatan iha prizaun hodi halo fasilita prosesu julgamentu.
3. Prosesu julgamentu ba kazu Nu. 13/PCO/2010/TDO
Tribunal Distrital Oe-Cusse halo deit omologu ba kazu ne’e, tanbá parte vítima no arguidu halo ona akordu dame eskrita antes tribunal bolu atu julga sira nia kazu. Prosesu ida ne’e tama agenda dia 17 de Maiu nian ne’ebé adiadu no kontainua fali iha dia 18 tanbá tribunal rezeita deklarasaun ne’ebé maka partes rua halo.
Rezeitasaun tribunal ba deklarasaun partes rua nian ne’ebé maka nia konteudu laduun loos tanbá arguidu maka nu’udar parte vítima nia fatin.
Atu hetan informasaun kle’an favor kontaktu:
Luis de Oliveira Sampaio
Direitór Ezekutivu JSMP
Diresaun e-mail: firstname.lastname@example.org
UNDP 27 May 2010 - A protocol extending the cooperation agreement in support of the justice sector between the government of Brazil and UNDP was signed at a small ceremony in Dili on Tuesday 25 May. The extension of the agreement was signed by Mr Edson Marinho Duarte Monteiro, the Ambassador of Brazil, and Ms Mikiko Tanaka, the UNDP Country Director.
The original agreement was signed in August 2006, and has been extended on four previous occasions. Under this fifth extension, Brazil has agreed to provide one judge, two prosecutors, three public defenders and four judicial clerks through the UNDP Justice System Programme until December 2011.
"We are proud to continue our support to the justice sector in Timor-Leste, and to continue our strong collaboration with the UNDP's Justice System Programme, by providing much needed technical expertise to the justice institutions," said Mr Monteiro, the Ambassador of Brazil.
The Brazilian magistrates and public defenders will help to strengthen Timor-Leste's justice sector by providing mentoring and support for the national judges, prosecutors and public defenders. They will assist in promoting greater access to justice to the citizens of Timor-Leste.
One Brazilian public defender has already been working in Timor-Leste since 2008, and two more public defenders are scheduled to arrive next week, following a joint recruitment process involving Brazil, the Office of the Public Defender and UNDP. The joint recruitment of the two prosecutors has already commenced with the Office of the Prosecutor General and are expected to arrive later in the year.
At the conclusion of the signing ceremony the UNDP Country Director, Ms Mikiko Tanaka, remarked, "We greatly appreciate and value the long-term commitment of the Brazilian Government to partner with UNDP to strengthen the justice system in Timor-Leste."
The UNDP Justice System Programme is supported by Australia, Brazil, Ireland, Norway, Spain, Portugal, Sweden and the United Nations Office of the High Commissioner for Human Rights.
Agence France-Presse, Updated: 6/1/2010 East Timor on Tuesday accused Australian company Woodside Petroleum of trampling its sovereign rights as it again rejected plans to process Timor Sea gas on a floating platform.
Partners in the Sunrise gas field joint venture including Woodside and Shell submitted a report outlining their preference for a floating platform to the East Timorese government in May.
But East Timorese government spokesman Agio Pereira issued a statement accusing Woodside of ignoring Dili's sovereign interests as enshrined in East Timor's treaties with Australia over joint exploitation of the area.
"Woodside and the joint-venture partners can only join and assist the two countries in implementing a policy for the Timor Sea when and if they, as operators, fully understand, accept and comply with the overarching principles established by the treaties in force," he said.
"Authorised drilling of petroleum in the Timor Sea offshore, and the integrated processing of it, shall promote long-term investment in the territories and the peoples of Timor Leste and Australia, and not only Australia," he added, using East Timor's formal name.
"The decision on how the peoples' resources and seas should be best integrated and developed is a sovereign decision, not a commercial trade."
He said the Sunrise joint venture's preference for a floating platform instead of a permanent processing plant in East Timor smacked of self-interest.
"Woodside has chosen the best commercial advantage for Woodside and the jv partners," he said.
A floating platform carried an unacceptably "high level of uncertainty and risk", he added.
Woodside chief executive Don Voelte told reporters in Dili in May that the proposal for a floating LNG plant was still up for discussion.
But he added that while it would be technically feasible to pipe the gas to an onshore facility in East Timor, a floating plant made more economic sense.
The Sunrise Joint Venture comprises Woodside (33.4 percent), ConocoPhillips (30 percent), Shell (26.6 percent) and Osaka Gas (10 percent).
Australia and East Timor have agreed to split projected multi-billion dollar revenues 50-50 from the Greater Sunrise gas field.
01 June 2010
The DOMAC project is a research program funded by the European Union and conducted by the Hebrew University, Reykjavik University, University of Amsterdam, and University College London. The mandate of the Project is to understand the interplay between international criminal tribunals and domestic prosecutions of war crimes. Our hypothesis is that the goals of international criminal justice cannot be met without the strong involvement of national courts and prosecution authorities. We thus attempt to identify factors that impact on prosecution and sentencing policies relating to international crimes, at the national and international levels. Our goal at the end of a three-year period is to propose methods to improve coordination of national and international proceedings and ways to better utilize national criminal procedures. More information about the project is available at www.domac.is.
DOMAC’s work is divided into Work Packages. I am leading Work Package 3 (WP3). Its mandate of WP3 is to provide the data (and subsequently trends) on prosecutions and sentencing in the various case studies, relating to international crimes, to establish (in WP5) what are the factors that affect these trends.
One of our case study countries is East Timor. We are trying to create a comprehensive database of cases adjudicated before the SPSCs, as well as subsequently, before the ordinary district courts (possibly only the Dili court is relevant in this connection). The database will include the dates of indictments for international crimes (genocide, crimes against humanity, war crimes), trial judgments and appeals, results of each individual’s trial as well as appeal, and information on sentencing. We are following each individual indictee, rather than cases or aggregate numbers.
We have more or less completed the collection of data from the SPSCs, up to 2005. However, we have no information on subsequent processes in the ordinary district courts. From certain reports we understand that there have been very few cases, and perhaps even those have been heard by a hybrid bench, of local and international judges. We seek someone who would be able to clarify the situation for us, and collect data from the relevant court files, so we can prepare the domestic database. This person would have to be legally trained so as to understand the legal context and clarify it for us. He or she would need to extract information from court files, a task which requires a command of Portuguese or Tetum (or perhaps both). He or she would need to collate the information on an excel table or a word file, depending on the volume of work and his or her computer skills. And, of course, we would need to maintain contact by email.
This is an offer for a paid job on an hourly basis.
Please let me know if you know of someone who might be interested in this work, and feel free to pass this message onwards.
Yaël Ronen, PhD