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31 March 2012

Police officer assaults a young man

Radio Timor-Leste, January 31, 2012 language source: Tetun - A young man named Joaquim Camelo was seriously injured after being assaulted by a task force police officer, the victim’s brother, Jose Babo said.

The incident happened last Saturday at 8 pm in the down town of Colmera in Dili, he said.

Babo affirmed that they appeared in the House of the Parliament to report the case so that the suspect could be sanctioned. He explained that his younger brother was on his way to Lahane, but the police officer stopped and beat him in Colmera.

MP Duarte Nunes from the Committee B for defense and security said it was a human rights violation if a police officer beat and maltreated civilian.

He said the police’s tasks was to protect their people and not to harm them and said this police officer should be processed legally. He added that the committee B would study the case and would make claims to the Human Rights and Justice Ombudsman (PDHJ), president of the Parliament, prime minister and police general commander to look at the case.

Summary of cases tried at the Suai District Court during August 2011

Case Summary

Period : August 2011
Edition : 15 September 2011

Summary of cases tried at the Suai District Court during August 2011
Introduction

During the first week of August 2011 JSMP conducting monitoring of criminal and civil trials at the Suai District Court. During the first week JSMP managed to observe 5 hearings, namely four cases involving light maltreatment and one case of domestic violence. However the trial of a case involving domestic violence continued on the following day and therefore this summary will cover a total of 6 hearings.

Based on monitoring conducted by JSMP, although the Suai District Court had scheduled hearings for each day, several cases were postponed because those seeking justice did not appear at court, including witnesses and victims, even though they had received written summons to provide testimony in court in order to contribute to the trial process to reveal the facts in accordance with the applicable rules of criminal procedure.

In several of the aforementioned cases suspended sentences were handed down and several others were settled by way of amicable agreement between the parties or because the cases were withdrawn by the parties, and this was accepted by the Suai District Court pursuant to Article 106 of the Timor-Leste Penal Code (regarding the nature of the crime).

As usual, this summary aims to disseminate up to date information about the trial process taking place at the Suai District Court based on monitoring conducted by JSMP during the first month of August 2011.

The following information provides a summary on the trial process:

1. Crime of Light Maltreatment, Case No.145/PEN/2009/TDS

On 04 August 2011 the Suai District Court tried Case No. 145/PEN/2009/TDS involving light maltreatment.

This trial was presided over by judge Jose Maria de Araujo (Presiding Judge at the Suai District Court), while the Public Prosecution Unit was represented by Oscar Tavares (international) and the Public Defender’s Office was represented by João Henrique de Carvalho.

This trial involved the defendant SdA who allegedly committed light maltreatment against the victim NMA. The indictment of the public prosecutor stated that on 27 July 2009 in Camenasa, Sanfuk Village the defendant committed light maltreatment because the victim and his friends were drinking alcohol and they became drunk and were causing a commotion in the surrounding area, and therefore the defendant took a metal rod and struck the victim in the head.

The public prosecutor charged the defendant under Article 145 of the Penal Code on light maltreatment, which carries a sentence of 3 years imprisonment or a fine.

During the trial the victim testified to the court that the victim and the defendant had reached an amicable settlement and therefore pursuant to Article 71 of the Criminal Procedure Code on the legitimacy of the aggrieved party and Article 107 of the Penal Code on the bearers of the right to file complaint, the court decided to validate the aforementioned amicable agreement.

2. Crime of Light Maltreatment, Case No. 31/PEN/2007/TDS

On 04 August 2011 the Suai District Court conducted a trial in Case No. 31/PEN/2007/TDS concerning light maltreatment. This case involved the defendant VD who allegedly committed the act against the victims AM and DS who are members of PNTL.

This trial was presided over by judge Jose Maria de Araujo (Presiding Judge at the Suai District Court), while the Public Prosecution Unit was represented by Oscar Tavares (international) and the defendant was represented by Public Defender João Henrique de Carvalho.

The incident allegedly occurred on 24 April 2006 in Zumalai Sub-District, Tazilin Village, Bora Ikun Sub-Village. The incident occurred because the two victims who are members of the PNTL wanted to settle a feud between martial arts groups, however the defendant appeared and hit and kicked the two victims.

Based on the aforementioned facts the Public Prosecutor charged the defendant in accordance with Article 145 of the Penal Code on light maltreatment which carries a sentence of three years imprisonment or a fine.

In relation to the prosecutor’s charges the public defender told the court that prior to entering the courtroom the defendant and victims had reached an amicable agreement. Pursuant to Article 107 of the Timor-Leste Penal Code (on the bearers of the right to file complaint) the court asked the victims AM and DS about the statement made by the public defender to the court and the victims told the court that they had forgiven the defendant, however in the future the defendant should not repeat such actions against them or any other persons. Also the defendant apologized to the two victims. Therefore the court accepted the request of the public defender and decided to validate the amicable agreement and close the case.

3. Crime of Light Maltreatment, Case No. 23/PEN/2011/TDS

On 05 August 2011 the Suai District Court tried Case No. 23/PEN/2011/TDS involving a land dispute.

This trial was presided over by judge Jose Maria de Araujo (Presiding Judge at the Suai District Court), while the Public Prosecution Unit was represented by Zélia Trindade and the defendant was represented by Public Defender João Henrique de Carvalho.

The defendant GFG was charged with committing the crime of light maltreatment against the victim JDP. The incident occurred because the defendant ordered the National Directorate of Land and Property to measure the victim’s land, and at that time the victim was not at home. The victim’s wife phoned the victim to inform him that GFG had come to measure their land with a representative from the National Directorate of Land and Property, so the victim immediately came to that location and when JDP arrived at the scene the defendant leaped towards the victim and pushed the victim JDP in the chest and used his hand to strike the victim twice on the cheek.

The public prosecutor charged the defendant under Article 145 of the Penal Code on light maltreatment. The court explained to the two parties that Article 106.3 of the Penal Code stipulates that this case is a semi-public crime of which the prosecution can only be initiated after the right to file complaint has been exercised, and the court adjourned the hearing for 20 minutes to allow the parties to engage in conciliation.

When the hearing continued the victim JDP told the court that he had forgiven the defendant and requested for the defendant not to repeat such acts against others in the future.

After hearing the statement of the victim, pursuant to Article 71 of the Criminal Procedure Code and Article 107 of the Penal Code (on the bearers of the right to file complaint), the court validated this amicable settlement.

4. Crime of Domestic Violence, Case No. 35/PEN/2009/TDS

On 05 August 2011 the Suai District Court tried Case No. 35/PEN/2009/TDS involving domestic violence. This trial was presided over by judge Jose Maria de Araujo (Presiding Judge at the Suai District Court), while the Public Prosecution Unit was represented by Zélia Trindade and the defendant was represented by Public Defender João Henrique de Carvalho.

The defendant IA was charged with committing domestic violence against the victim EV.

The Public Prosecutor charged the defendant under 145 of the Penal Code on light maltreatment as well as Article 35 of Law No. 7/2010 Against Domestic Violence.

In relation to the facts of the case the prosecutor requested for the court to sentence the defendant to three years jail, however the public defender requested for the court to give his client a suspended sentence because the defendant provides for his family (children).

During the trial the defendant did not provide testimony, however the defendant accepted all of the charges leveled against him.

A final decision in this case will be announced on 11 August 2011 at 10am.

5. Crime of Light Maltreatment, Case No. 151/PEN/2009/TDS

On 9 August 2011 the Suai District Court adjourned a hearing in Case No. 151/PEN/2009/TDS involving light maltreatment.

This trial was adjourned by judge Jose Maria de Araujo (Presiding Judge), while the Public Prosecution Unit was represented by Zélia Trindade and the defendant was represented by Public Defender João Henrique de Carvalho.

The trial was adjourned because the defendant AXDS and witness were not present in court. The trial was adjourned until 7 October 2011 at 2pm.

6. Crime of Domestic Violence, Case No. 35/PEN/2009/TDS

On 11 August 2011 the Suai District Court conducted a hearing to read out its decision in Case No. 35/PEN/2009/TDS involving domestic violence.

The hearing to announce the decision was presided over by judge Jose Maria de Araujo (Presiding Judge at the Suai District Court), while the Public Prosecution Unit was represented by Zélia Trindade and the defendant was represented by Public Defender João Henrique de Carvalho.

The court handed down a suspended sentence of 2 years against the defendant in accordance with the charges of light maltreatment and domestic violence.

The court decided to suspend the sentence against the defendant IA based on the evidence presented and also in consideration that the defendant and the victim are husband and wife and they have four children.

Six Indonesian fishermen stand trial

The Jakarta Post - Made Andi Arsana, Jakarta | Mon, 03/12/2012 9:03 PM - Six Indonesian fishermen were to recently stand trial in Timor Leste "for breaching the neighboring country's maritime territory" (The Jakarta Post, Jan. 13). One immediate question that arises in relation to the news is whether or not Indonesia and Timor Leste have settled their maritime boundaries?

The next question would be that if the two countries had yet to settle their maritime boundaries, how can one judge that the fishermen crossed a border?

Put simply, if the two countries had settled their maritime boundaries, it would not be difficult to judge whether or not the fishermen had committed a border crossing. The term "crossing" can only be used if there is a fence in place.

It is worth noting that Indonesia has yet to settle maritime boundaries involving more than 20 segments in 15 different locations. Interestingly, even in areas where maritime boundaries have yet to be settled, fishermen are often captured for border crossing. This naturally begs a question "why?"

According to the United Nations Convention on the Law of the Sea in 1982, each coastal state is entitled to maritime zones adjacent to its land territory, the breadth of which is measured from baselines (usually coastlines).

The zones are territorial seas, contiguous zones, exclusive economic zones (EEZ), and continental shelves (seabeds). Where the breadth of the maritime area between two states is reasonably narrow, they need to share maritime areas by conducting maritime delimitation to settle maritime boundaries.

This can be done through bilateral negotiation or with the help of third parties. Settled maritime boundaries clarify the extent of the coastal state's entitlements and obligations regarding maritime areas adjacent to its land territory.

Maritime boundaries also serve as virtual fences by which border crossing conducted by fishermen is justified.

Settling maritime boundaries is by no means an easy job to accomplish. It may take decades to settle maritime boundaries between countries. While the 1982 Law of the Sea convention clearly defines the extent of the maritime area coastal states are entitled to, it does not specify delimitation methods in the case of overlapping EEZs or continental shelves between two countries, for example.

Articles 74 and 83 of the convention simply require the reaching of an "equitable solution" that can sometimes be interpreted liberally. As a result, negotiations can go on for a very long time without achieving any agreement.

Prior to negotiating the final delimitation, each party in question has usually made its unilateral claim or declaration on maritime boundaries. It is not a surprise that the two unilaterally claimed boundary lines do not coincide.

It is more often than not that the two different boundary lines generate maritime areas claimed by both countries, often referred to as an overlapping claim area. Both countries view that they are entitled to the overlapping area. In practice, both have different maps showing their unilateral claims.

To strengthen the claim, each party (country A and B, for example) usually imposes maritime patrols based on its unilateral claim. Whenever fishermen from country A come to the overlapping area, the patrolling officers of country B regard the activity as an encroachment, and vice versa.

The fishermen can be captured or chased away. In other words, border crossing in this regard is an activity conducted by fishermen from one country based on their country's unilateral claim but they are captured by the patrolling officers of a neighboring country simply because each uses different maps.

The second example is a seizure of fishermen around the area where maritime boundaries have been settled but where the boundaries are only for sea beds. It is worth recalling that maritime boundaries for different zones of jurisdictions cover different layers.

While territorial sea boundaries, for example, delimit seabed, water column and airspace above the water, continental shelf boundaries only divide seabeds.

Indonesia and Malaysia, for example, have settled continental shelf boundaries in the northern part of the Malacca Strait but have yet to settle boundaries for their EEZ. Consequently, seabeds have been clearly divided but the division of water columns has yet to be made clear.

In the area, there is no fence for water columns so no one can tell whether or not a fishing vessel has committed a border crossing.

Why are both Indonesian and Malaysian fishermen often captured in the area? Each country has its unilaterally claimed EEZ boundaries, generating an overlapping area. Malaysian fishermen coming to the area will be captured by an Indonesian patrolling officer, and vice versa.

What to do to solve the issue? The first and foremost action must be to accelerate maritime boundary delimitations between Indonesia and its neighbors, which certainly requires the expertise of lawyers, surveyors and others.

It is evident that Indonesia has been reasonably active in approaching its neighbors. However, maritime boundaries are a bilateral process. Willingness has to come from both sides. Second, provisional agreements can also be an alternative before a final agreement is achieved.

This may include provisional arrangements on how to deal with fishermen entering the overlapping area. Alternatively, such overlapping areas can be sterilized from any activities to prevent clashes and tensions.

It seems that Indonesia and Malaysia have made good progress on how to deal with fishermen issues. On Jan. 27 the two countries signed on a memorandum of understanding (MoU) "in respect of the Common Guidelines concerning the treatment of fishermen by maritime law enforcement agencies" of both countries.

Article 3 of the MoU asserts that in an incident of encroachment by fishermen, both countries agreed to inspect and request to "leave the area". This "shall be conducted promptly toward all fishing boats, except for those using illegal fishing gears, such as explosives, electrical and chemical fishing gears".

Following this good example, Indonesia should ideally sign similar agreements with other neighbors. With that, fishermen entering overlapping maritime areas will not be captured but will be assisted to return to the waters of their respective countries. Let us now see how such an agreement is implemented.

The author is a lecturer at the Department of Geodetic Engineering, Gadjah Mada University.

Suspect for Comoro case detained: Monteiro

Diario Nacional, March 12, 2012, language source: Tetun - The Timorese National Police Commander Commissioner Longinhos Monteiro said the suspect who killed Damiao Borges da Silva at Comoro Market had been detained in Becora jail.

“At that time PNTL investigated the case and detained the suspect and reported it to the Public Prosecution and the suspect is now being detained in Becora jail,” Monteiro said. Monteiro said this case had no relation to the process of presidential campaigns but was a pure criminal case. He added during the presidential campaigns PNTL had filed seven cases.

Public Prosecution accuses Justice Minister Lobato of engaging inCorruption

Diario Nacional, March 15, 2012 language source: Tetun - Public Prosecution has accused Antonio de Araujo Freitas and the current Justice Minister Lucia Brandao Lobato of engaging in maladministration in the construction project of Conservatory office for Civil Registration in eight districts.

The accusation was declared yesterday at the Dili District Court against Lobato and Freitas, adding that the trial process was presided over by three Prosecutors; namely, Angelina Saldanha, Prosecutor Jose Ximenes and an international Prosecutor Jose Landim.

The referred case was registered in the court with the Criminal Unit Number (NUC) 1663/10. PDDIL.

The court scheduled to try the referred case yesterday but unfortunately they delayed it because the National Parliament has not yet removed Lobato’s political immunity.

Trial for justice minister postponed

Independente, March 15, 2012 language source: Tetun - The trial of Justice Minister Lucia Lobato has been postponed to May 23 as the National Parliament has not yet removed the minister’s political immunity.

The case is led by three prosecutors, Angelina Saldanha, Jose Ximenes and international prosecutor Jose Landim.

The Public Prosecution accused Minister Lobato of committing three acts of crime, such as falsification of documents in project tender, abuse of power and offering a project to her spouse.

Justice Minister Lobato considers Public Prosecution makes a falseallegation

Diario Nacional March 29, 2012, Language Source: Tetun - Minister for Justice Lucia Lobato said the Public prosecution has made a false allegation against her on claiming that she had engaged in abuse of power.

Lobato said in 2008 when she assumed the post of minister for justice she was accused by the people in the case and said people continued accusing her of engaging in corruption.

She said she was not afraid of the allegation and rumors against her and said this was like an allegation made on the street. “I am ready to respond to the court,” Lobato said.

President Horta vetoes land law, Minister Lobato dissatisfied

Independente, March 29, 2012 language source: Tetun - Justice Minister Lucia Lobato said that she was dissatisfied with the President of the Republic, Jose Ramos Horta, because he had vetoed the land law which was approved by the National Parliament.

She said that she would appear in the Parliament to explain the law in more detail to the parliamentarians.

‘I will appear in the Parliament again to defend this law, because this law benefits all the citizens,” Minister Lobato said.

She added those groups that did not agree with the land law were the people who wanted a law which benefited the people who fled to other countries in 1975 when Indonesia invaded.

Justice Minister Lobato yet to send resignation letter

Independente, March 29, 2012 language source: Tetun - Justice Minister Lucia Lobato said that she had not yet sent an official resignation letter to the National Parliament and Prime Minister Xanana Gusmao, adding that the report that she had resigned from her post was false.

“I have never asked permission and presented my resignation letter to the National Parliament and the prime minister,” Minister Lobato said.

Minister Lobato was referring to the recent decision made by the National Parliament to remove her political immunity in order to respond to the court regarding her engagement in corruption allegation.

Domin denies allegation by Triloka’s chief of Village

Radio e Televizaun de Timor-Leste, March 28, 2012 language source: Tetun - Aderito “Domin” da Costa has denied the recent allegation made by the Chief of Village of Triloka in the Parliament, saying it is a false allegation against him.

Domin made the statements yesterday in a press conference when he said that he was ready to be responsible for responding to this case in court, because he had never engaged in any act of crime so far. “…..like the chief of village, and also Mr. Afonso, MP from Fretilin bench, and also Mr. Mari’s statements saying that I was the one who threatened people in Triloka village. But I think that this is not clear and this is a false allegation and therefore I am calling on Mr. Mari if he could bring this case to the court. I deny, because the news broadcasted by TVTL last night was not clear and is false information and therefore I do not agree with the information they reported to the National Parliament,” Domin said.

Spokesperson for Domin Isidoro Boavida Maubusa, said that they denied the false information from the chief of village of Triloka. “We deny, because they also engaged in discrimination in Bucoli in Baucau, and they wrote provocative words, there was reaction because something has happened before,” Maubusa said.

15 Vietnamese sailors stuck in Timor-Leste

TUOITRENEWS Fri, March 30, 2012,12:50 PM (GMT+0700) - 15 Vietnamese sailors on a cargo ship that has not been able to leave a Timor-Leste port after running out of fuel and food a month ago have sent an appeal to Tuoi Tre for assistance.

In the appeal they said their ship, the An Phu 18, operated by Hai Phong city-based An Thanh Phat 386 Co Ltd, left My Thoi Port, An Giang Province on January 1, 2012, carrying rice to Timor-Leste's port of Dili for delivery.

The ship landed at the port on January 22 but the ship had to wait until February 13 for unloading. One week later, the delivery was finished but the ship could not return to Vietnam since it had run out of fuel, food, and even drinking water.

The ship's captain, Hoang Tri Thai, told Tuoi Tre over the phone that he had reported the situation to the company but received no feedback.

"For the past month, we have lived on support from the company's agent in Timor-Leste and port authorities. We are suffering from a lack of food and drinks," he said.

Some sailors also said they had to collect rainwater for their daily use and begged the company's agent for food.

Talking with Tuoi Tre, Le Thanh Tung, director of the company, said he had hired the ship, with a tonnage of 3,060 tons, from Hai Phong-based Financial Leasing Company No. 1 under the Bank for Agriculture and Rural Development.

He confirmed that the ship was stuck in Dili but said that the sailors on board are not hungry, since the company has sent US$3,000 to its agent there to buy necessities for them.

He said, however, that "our company is facing financial difficulties and is not able to pay for expenses for the ship to leave and return to Vietnam. We will work with the bank on a bankruptcy announcement and will give back the ship to the bank, which will then take steps to arrange for the ship to return home."

According to Xa Luan newswire, the stranded sailors have also sent an appeal to Vietnam's Foreign Ministry for help.

National Parliament will discuss Minister Leite’s Immunity

East Timor Legal News 31/03/2012 Source: Diario Nacional March 30, 2012, Language Source: Tetun - The National parliament will discuss the removal of the immunity from court process of the Minister for State Administration and Territorial Management (MAEOT), Arcanjelo Leite.

Deputy President of the Parliament, Maria Paixao said the MPs would hold discussions to remove Minister Leite’s political immunity on Monday (02/04).

In response, MAEOT Arcanjelo Leite said being citizen and official of the government he was ready to respond to the allegation.

“As an official of the government and citizen I have been waiting for a long time about the allegation process to respond to the court. I am ready to respond but as an official of the government we should abide by the constitution,” Leite said.

Notification letter complicated, Minister Lobato continues as Justice Minister

East Timor Legal News 31/03/2012 Source: Independente, March 30, 2012 language source: Tetun - MP Virgina Ana Belo from the National Congress for Timorese Reconstruction (CNRT) said that the National Parliament had removed the political immunity of the Justice Minister Lucia Lobato but the reality showed that the minister was still carrying out her work as usual.

MP Belo said that the National Parliament removed the political immunity of Minister Lobato based on the official letter from court asking for the Parliament to do so in order to allow Minister Lobato to appear in court to testify.

She added the political immunity removal was also based on the RDTL’s constitution, and the National Parliament sent an official letter to the court that they already removed it.

“The Court should already execute the letter from the National Parliament that the Parliament asks Minister Lobato to quit her post,” MP Belo said.

The Timorese Human Rights Association (HAK) Director Rogerio Viegas Vicente said that it was important for the state leaders to have a good collaboration on how to speed up the trial process of a case.

Viqueque police present more than 20 Burmese asylum seekers

East Timor Legal News 31/03/2012 Source: Radio Timor-Leste, March 30, 2012 language source: Tetun - Viqueque district police have presented 26 Burmese political asylum seekers to the Public Prosecution.

The police have completed their investigation into the Burmese asylum seekers and they are being submitted to the Public Prosecution in Baucau for further legal proceedings, RTL reporter Mario Pinto said.

He also said that during the investigation process, the police had collected some evidences and the boat which the asylum seekers were using to sail to Australia.

These asylum seekers were found by the communities in the southern coast of Viqueque after the boat they were on board experienced technical problems at sea.

29 March 2012

Police will arrest journalists who report false news

Diario Nacional March 26, 2012, Language Source: Tetun

The Timorese National Police Commander (PNTL) Commissioner of police, Longinhos Monteiro said that the police would arrest journalists who had not published factual news stories in their newspapers.

“To maintain the security in the country not only PNTL but it is our responsibility, inclusively you (the journalists) who manipulate news stories in your newspapers also do not contribute to the situation of the country,” Monteiro said.

Monteiro called on all newspapers and journalists not to manipulate information and write it based on facts due to manipulation of news will create instability in the country. He called on all people not to believe romour-mongering that some problems would happen in the second round of presidential election and said PNTL was ready to guarantee the situation in the country.

Having sexual intercourse with local people, an AFP member returns to Australia

Independente, March 26, 2012 language source: Tetun

A member of the Australian Federal Police who was joining the United Nations police to maintain the security in Timor-Leste had to return to Australia as he was suspected of being engaged in having sexual intercourse with a Timorese woman. Manager of Standard Professional of AFP, Ray Johnson said that he had sent a warning letter to the suspect within 12 months. “I issued (sent) an official waning letter to the person who got involved in terms of having sexual intercourse with local people,” Johnson said. AFT told AAP of Australia saying that, this problem was referring to a police member who joined the UN Mission sin Timor-Leste.

President vetoes three land laws

Source: Lao Hutuk - In February, after two years of delay, Parliament approved three laws regarding access to land, sending them to the President for signature or veto. On 20 March, President Jose Ramos-Horta vetoed the three proposed laws, sending them back to Parliament for revision. He raised many important concerns, including:

Land law:
Lack of consensus in civil society
Too much discretion and power given to the state to claim land
Weak definition of what land can be taken by the state in the "public interest"
Unclear system for compensation of holders of prior rights who don't get titles, including foreigners
Unclear whether the Church can own land
Potential conflict of interest by including the Land and Property Directorate in the Cadastral Commission
Inappropriate cutoff date for prior adverse possession
Unclear definition and protection for community property rights
Expropriations Law:
No definition of the "public interest"
Open to abuse of expropriation powers to serve private interests
Expropriation should only be used in exceptional cases
Unclear if State can lease or sell expropriated land
Real Estate Fund:
Establishes an unnecessary bureaucracy and mechanism with no clear need
Money comes from the State Budget, and so shouldn't get special handling
Possible conflict of interest in Board of Directors including outside persons

Gusmao Government delivers promised Telecom reforms

The Secretary of State for the Council of Ministers and

Official Spokesperson for the Government of Timor-Leste

Díli, March 27, 2012

Gusmão Government delivers promised Telecom reforms

The final steps in the process of telecom liberalisation are being completed.

The Telecommunications Decree Law, establishing a modern regulatory framework for a competitive telecoms sector, was promulgated yesterday. Today the Government and Timor Telecom have signed an agreement that provides for the termination of Timor Telecom’s monopoly and the introduction of competition.

In the coming days, the Government will launch a tender for 15 year rights to use the radio frequency bands that permit mobile telecommunications services for voice and data.

From the beginning of its’ mandate in 2007 the Gusmão Government has acted to take the steps necessary to equip Timor-Leste for sustainable long-term economic development. Along with building the physical and human infrastructure needed for private sector growth, telecom reform was recognised as essential for ongoing national development. Throughout his term the Prime Minister has emphasised that the introduction of reforms would “support the creation of more jobs, boost productivity and enhance the incentive to invest and innovate.”

The liberalisation takes effect upon the publication of the Telecommunications Decree-law in the Gazette and the issuance of the new licences to Timor Telecom, planned in the next few days. Then for the first time the telecommunications market in Timor-Leste will be fully open to competition with new service providers permitted to provide domestic and international services for mobile, landline, data and Internet, or any other telecommunications services for which they can find demand. The people and businesses of the Nation will be free to choose their service providers, who will have to make their offers appealing to customers in terms of quality and price. With sector liberalisation countries worldwide have experienced reduced costs and improvements in the quality and availability of services. The people and businesses of Timor-Leste are now poised to join the rest of the world in enjoying these benefits.

Since 2002, Timor Telecom, a subsidiary of Portugal Telecom, has had a monopoly over telecommunications in Timor-Leste under an exclusive Concession contract. In June 2011, the Government adopted the National Telecommunications Policy setting the course to open the sector to competition. The Government committed to negotiate a consensual end to Timor Telecom’s exclusive Concession contract and the terms of transition to a competitive market. The parties have reached an agreement that allows Timor-Telecom to continue to operate in Timor-Leste.

The recently promulgated Telecommunications Decree Law encourages improvements in access to telecommunications services, including voice calls and Internet, for areas currently without service. The legislation provides for an initial period to see how far operators’ incentive to seek business will lead them to build new infrastructure in such areas. After two years, service providers may be required to fund a scheme to subsidise greater network coverage to such communities. Competition will be the main driver of the market with prices only controlled where service providers have so much power in the marketplace that they are unaffected by competitors. Licences will be issued for radio spectrum and service providers will be permitted to use State-owned land. The telecommunications regulator will target its intervention on dealing with anticompetitive behaviour, problems arising from any operator having significant market power, and technical radio interference issues. It will encourage the liberal provision of telecommunications services.

The Government of Timor-Leste invites service providers to enter the market and the business community eagerly looks forward to the arrival of sophisticated and high quality services that will meet their needs. Timor-Leste’s strong economic growth can expect to receive a substantial boost from the enabling impact of information and communication technologies.

Prime Minister Xanana Gusmão said, “The Government is delivering on its promise to bring the benefits of competition to the people of Timor-Leste. The telecommunications market is open for business.”

President Horta promulgates liberalization law

Suara Timor Lorosae, March 28, 2012 language source: Tetun

President of the Republic Jose Ramos Horta on Monday promulgated the liberalisation law in order to allow Irish Digicel and Indonesian Telkomsel companies to invest in the telecommunication sector in Timor-Leste.

“Agreement of transition about Timor Telecom, I have promulgated it. Since AMP Government started their mandate, I myself support that. It is important to hold negotiations with Timor Telecom in order to have liberalisation of telecommunication in this country,” President Horta said. President Horta also congratulated AMP Government for its efforts to realize the liberalization law.

KAK contacts Finance Minister

Independente, March 28, 2012 language source: Tetun

The Timorese Anti-Corruption Commission (KAK) yesterday contacted the Timorese Finance Minister Emilia Pires to be a witness for corruption that allegedly happened within the Parliamentary Majority Alliance (AMP) Government.

Minister Emilia Pires refused to give her comment about her presence at KAK’s office, because KAK did not authorise her to make statements.

“I cannot say anything as KAK does not allow me to talk,” Minister Pires said. She added that, “I am here as KAK wants to ask about the financial system and they want me to become a witness for some cases.”

Monteiro calls on people not to use security forces as political instrument

Radio Timor-Leste, March 28, 2012 language source: Tetun

Timorese National Police (PNTL) Commander, Commissioner Longuinhos Monteiro has called on all the Timorese people not to use the country’s security forces such as PNTL and defense force as their political instrument.

The commander made the comments during a joint press conference which was held on Tuesday (27/3) at PNTL HQ in Kaikoli, Dili.

Monteiro said such a situation did not show good image of the state and its people who were currently continuing to live in the process of democracy building. He said he would continue watching all his police officers not to get involved in any political practices.

PNTL investigating Triloka’s case

Radio e Televizaun de Timor-Leste, March 28, 2012 language source: Tetun - The Timorese National Police (PNTL) member who is believed to have threatened Chief of Triloka Village is now under investigation. In regard to this case, the Timorese Police Commander Commissioner of Police Longuinhos Monteiro, called on his members to be apolitical.

“We already have confirmation that no PNTL members are involved in any act of politics, and if it happens then the institution has its own regulation to deal with the case immediately.

The case is now in the process and will be submitted to the Public Prosecution for further legal proceedings,” Monteiro said.

He said that the police members were also human beings and therefore they can also make mistakes or engage in act of crime but everything would be processed legally.

The Practice of Money Politics in the 2012 Presidential Election

Fundasaun Mahein, 28 March 2012 Press Release Mahein’s Voice 32 is a debate on the practice of money politics in the recent 2012 presidential election. The practice of money politics
in Timor-Leste began in 1975 when political parties began receiving
support in money, weapons as well as other materials from foreign
countries. These forms of support from foreign countries significantly
influenced the political situations in Timor-Leste which eventually
led to the internal conflict of civil war and the Indonesian military
invasion of 7 December 1975.

In this article, FundasaunMahein (FM) questions some of the legal process undertaken by STAE which we consider violates the universal
principal of suffrage. Also, FM in this article would like to highlight the issue of money politics that is prevalent during the campaign period of the first presidential election right up to polling
day. Essentially, FM is of the view that this practice of money politics, during the first round of presidential election, is the direct consequence of having an electoral law that requires citizens
to vote at a place where he or she is registered.

In the case of the recent presidential election the practice of money
politics include the practice, by some political parties, of providing
transport, free of charge, to students and some community members who
wishes to return to their districts and participate in a voter
registration at a referred party secretariat. Through this article,FM
would also like to state that 21.80%, of the total 626,503 eligible
voters, did not participate in the first round of the presidential
election.

As such, the view of FM is that the practice of money politics will
weaken the democratic process and will destroy some of the democratic
principles, such as liberty and impartiality. In any case, the effect
of the practice of money politics is that it will taint the image of political power.

As such, FM would like to recommend that:

1. CNE profoundly investigate some of the practices of money politics
that were committed during the first round of the presidential
election.

2. The government weigh the options between changing article 40 of the
presidential election law and providing transport for citizens to
travel to their respective Sucos to vote.

3. The government annul article 40 of the presidential election law.

4. The government create a law on money politics in order to regulate
party or individual support in terms of money and materials.

5. In cases of national or foreign support by political parties or
political persons that have political influence, CNE needs to
supervise and investigate the origin of the support, as well as its
type, and accordingly make a public announcement either through CNE or
STAE.

6. The government create a strong law for CNE and STAE that allows
them to apply penal sanctions.

For further information regarding this article please contact
Nélson Belo,
Director of Fundasaun Mahein
www.fundasaunmahein.org
Email: nelson@fundasaunmahein.org
Tlp +670 737 4222


Fundasaun Mahein, 28 Marsu 2012

Komunikadu Imprenza

Pratika Money Politika iha Eleisaun Prezidensial 2012

Mahein Nia Lian no. 32 halo debate klean konaba pratika politika osan
(money politics) iha Eleisaun Prezidensial 2012, foin lalais ne’e. Iha
istoria Timor-Leste pratika Money politika hahu husi tinan 1975,
partidu politiku balu hetan apoiu osan, material hanesan kilat no bens
sira seluk husi rai liur. Apoiu sira ne’e influensia makáas situasaun
politika Timor-Leste, ikus mosu funu maun-alin no invazaun militar
Indonezia iha 7 Dezembru 1975.

Liu husi relatoriu ne’e, Fundasaun Mahein (FM) kestiaona konaba
prosedementu legais husi Sekretariu Tekniku Administrasaun Eleitoral
(STAE) ne’ebé konsidera viola prinsipiu sufrajiu universal ka direitu
hili ne’ebé universal. No tuir observasaun FM nian nota durante
kampañia eleitoral to’o loron antes votasaun akontese pratika money
politika. Pratika ida ne’e akontese tanba konsekuensia husi lei
eleitoral nian ne’ebé koalia konabá eleitor sira obrigatoriu vota iha
fatin ne’ebé sira nian kartaun eleitoral rejistu ba.

Relatoriu ne’e mos identifika konaba problema fundamental sira ne’ebe
mos iha eleisaun prezidensial mak hanesan partidu politiku balun
aplika pratika money politika hodi foti inisiativa fo apoiu transporte
bá estudante no komunidade balun ne’ebé hakarak fila bá sira nia
distritu atu tuir votasaun rejistu iha Sekretariadu Partidu refere.
No, FM mos sita konaba sidadaun barak mak ladun partisipa iha
eleisaun prezidensial hamutuk (21.80 %) husi total eleitor 626.503 la
partisipa iha eleisaun prezidensial primeiru volta.

Nune’e mos relatoriu ne’e mos mensiona katak pratika money politika
ne’e sei hafraku prosesu demokrasia no sei hamate prinsipiu demokrasia
iha ámbitu liberdade no imparsialidade, inklui mos sei hafo’er imajem
poder politiku husi povu iha estadu direitu demokrátiku.

Ho ida ne’e Fundasaun Mahein (FM) hakarak rekomenda bá:

1). CNE presiza halo investigasaun profundu bá pratika Money politika
ne’ebé komete husi partidu politiku iha prosesu eleitoral ne’ebé liu
dadauk.

2). Governu presiza tetu opsaun partisipasaun sidadaun nian entre
alterasaun lei eleisaun Prezidenti Repúblika artigu 40 no apoiu
transporte bá sidadaun sira bá iha nia suku atu tuir vota.

3). Rekomenda bá governu tenki anula tiha artigu 40 lei eleisaun
Prezidenti Repúblika.

4). Governu presiza halo lei kona-bá pratika Money politika atu
kontrola apoiu osan ka bens ruma husi pesoal ka partidu politiku.

5). Karik iha apoiu ruma husi rai laran ka rai liur bá partidu
politiku no pesoal politiku ne’ebé iha influensia politika, CNE
presiza halo supervizaun no investiga apoiu ne’e mai husi ne’ebé deit
apoiu ne’e ho forma saida ka ho osan ka sasan persiza deklara ba CNE
no STAE.

6). Governu presiza halo lei ne’ebé fo forte bá CNE no STAE atu halo
sansaun penal.

28 March 2012

PNTL decides to deploy 2,582 officers for second round of Presidential election

Independente, March 27, 2012 language source: Tetun - Timorese Operational Police Commander Superintendent Armando Monteiro affirmed they would deploy 2,582 officers of PNTL to ensure the security during the second round of the presidential election the upcoming on April 16.

He said the result of their observation for the security maintenance during the first round of election showed that, the Timorese Defense Force (F-FDTL) and PNTL were capable of maintaining the security themselves. He added that, they would continue to maintain the security so that all people could exercise their right to attend the elections freely.

“We will maintain our position to give security protection for all citizens to participate in the second round of the elections,” Monteiro said. He also said that the security situation in the first round of the election was going well or under control, but they would increase numbers o f the security officers in the field.

Acting Justice Minister appointed as Lobato awaits trial

Independente, March 27, 2012 - Prime Minister Xanana Gusmao has appointed Ivo Jorge Valente to take responsibility as acting Justice Minister because Minister Lucia Lobato is awaiting trial.

Acting Justice Minister Valente said that he would carry out his role until Minister Lobato finished her trial.

“I will just carry out (acting) role until minister Lucia finishes her trial in court. (Then) she will return to continue in the role,” Valente said. He added that, the Parliament removed the political immunity of Lobato in order to allow her appear in the court.

Parliament ready to alter problematic electoral law

Independente, March 27, 2012 - The National Parliament is making preparations to amend the Electoral Law in order to facilitate the electors in the second round of the presidential election.

The Parliament has planned to alter the electoral law No. 40 because 25% of the electors did not execute their right to attend the election, held on March17.

The Parliament approved the referred law last year to anticipate or prevent people from voting more than once, but unfortunately they did not analyse the economic condition of the people.

“At that time we did not manage to analyse the economic cost and political aspects, MP Adriano do Nascimento said. He added that the Parliament haddan opportunity to alter the referred law before the second round of elections to help facilitate the electors to exercise their rights freely.

Unknown people set fire to TMR supporter's house

Diario Nacional, March 27, 2012 language source: Tetun - A group of unknown people has set blaze to the promotion team member of Presidential Candidate, Taur Matan Ruak’s house in Viqueque.

The arson has left one house burnt down and one motorbike destroyed last Sunday (25/3), Spokesperson for Ruak’s promotion team, Fidelis Magalhaes said.

“The arson happened in Viqueque this morning at 9 am and one motorbike was also burnt,” he said. Mr. Magalhaes also affirmed that, after completing the political campaigns three of Ruak’s supporters sustained injuries as they were stoned.

Resolution of Government which approves the Settlement Agreement between the State of Timor-Leste and Timor Telecom

IV CONSTITUTIONAL GOVERNMENT
SECRETARIAT OF STATE OF THE COUNCIL OF MINISTERS PRESS RELEASE Council of Ministers Extraordinary Meeting from March 26, 2012 - The Council of Ministers extraordinarily met this Monday, March 26, 2012, in the Council of Ministers Meeting Room, at the Government Palace, in Díli and approved:

1. Resolution of Government which approves the Settlement Agreement between the State of Timor-Leste and Timor Telecom

This Settlement Agreement between the State of Timor-Leste and Timor Telecom ends the Concession Agreement signed in July 2002 between the two parties, which is to be effective until 2017.

This Settlement Agreement, approved by the Council of Ministers, establishes a single legal framework regarding the transfer to Timor Telecom of network assets, grants certain rights to lease and use of land owned by the State and specifically regulates certain telecommunication activities to be pursued by Timor Telecom according to the telecommunications sector reform, as outlined in the Timor-Leste National Telecommunications Policy and in the Decree-Law that Liberalizes Telecommunications. The Government is free from having to make any payment in terms of compensation in cash, to Timor Telecom, but Timor Telecom will, in turn, keep its telecommunications assets.

This is a balanced Agreement and limiting risks to both sides, offering the State with the opportunity to benefit from profits through fiscal and shareholder growth

This Settlement Agreement will be signed on March 27, 2012 in the Council of Minister’s meeting room, at 8:30 a.m.

President’s address at Xavier do Amaral’s funeral

Mar 10, 2012 oIn honour of the memory of Francisco Xavier do Amaral

Grandfather Francisco Xavier do Amaral was a good and brave man who loved our Nation, Timor-Leste. I remember him well, in the 1970s, when he had the courage to join his voice to those of other nationalist youths mobilised to build a better future for our people and our country. We were all very young. Francisco Xavier do Amaral was the oldest amongst us.

His voice rallied our people for the construction of a free nation and fairer society. His generous heart and his ability to communicate with the people, with inspiring speeches, contributed to advance the liberation cause in the years during which modern Timorese nationalism developed, grew and gained support from the largest social groups.

In the early 70s, Francisco Xavier do Amaral contributed to transform the Timorese people’s dream of freedom into structures and organization. He participated in the creation of the original ASDT and, later, in the original ASDT’s transformation into FRETILIN. The creation of these political structures contributed to give new strength and new capabilities to the Timorese nationalist movement.

In those heroic times of our youth, Francisco Xavier do Amaral was amongst the leaders who showed us the way. On November 28, 1975, it was Francisco Xavier do Amaral’s far-reaching voice who announced, to the Nation and to the world, the proclamation of our Independence and the creation of the Democratic Republic of Timor-Leste.

It is as the proclaimer of Independence that our people and future generations will remember Francisco Xavier do Amaral.

Grandfather Xavier has all of our respect and a place in the history of Timor-Leste as a symbol of unity in the collective aspiration to independence and freedom. He has a place in history as a courageous nationalist with faith in democracy.

With an open spirit towards the new times, he joined tradition and change in a balanced manner. He came a long way, from the feudal society environment of 1930s Turiscai, where he was born, to the open and modern society of our days, which strives for Justice and Equality, and hopes that Democracy, achieved at great sacrifice, will help improve living conditions of the poorest families and promote the well-being of the Nation.

I bow before Grandfather Francisco Xavier do Amaral and his memory as the brave proclaimer of Independence and extend my deepest condolences to the entire bereaved family in this hour of great sadness to us all.

27 March 2012

Court jails public servant for seven and half years

Radio e Televizaun de Timor-Leste, March 23, 2012 language source: Tetun - The Dili District Court recently decided to sentence Floriana de Jesus for seven and half years in jail, because she was found guilty of the theft of US $131,646 thousand from the petty cash of the State Secretariat of Defense (SED) office.

The trial process was presided over by Judge Jacinta da Costa Correia who was accompanied by Judge Rosa Bandao and Ana Paula Fonseca and also Prosecutor Felismino Cardoso.

De Jesus was working at the office of SED and in her position as Finance Assistant knew the pin code of the petty cash safe in the SED office.

Public Defender Jose da Silva affirmed that he agreed with the verdict of the court but he would make an appeal to the Court of Appeals shortly.

TIMOR-LESTE: When do mother tongues divide?

DILI, 26 March 2012 (IRIN) - A proposal to sanction the use of indigenous languages in primary schools in polyglot Timor-Leste has divided members of government, civil society and educators, raising questions about how language can spur harmony - or discord - in the young nation.

The “mother-tongue” programme is spearheaded by the United Nations Education, Scientific and Cultural Organization (UNESCO), which has promoted similar programmes in other countries.

Programme organizers say children best develop cognitive skills when taught in the language spoken in the home during their first years of school, rather than in official national languages - Tetum and Portuguese in the case of Timor-Leste - which are less commonly used in community settings.

Instructing children in their household languages prevents poorer children, who tend to be less exposed to languages spoken outside their homes, from being disadvantaged in school and eventually dropping out, said UNESCO.

About one in five children in Timor-Leste must repeat the first year of schooling, and half of the students who enrol in primary school do not complete it, according to the most recent UN Human Development Index.

“Portuguese resonates historically, socially and culturally for Timorese like no other language, but the reality is that in many homes across Timor-Leste, neither [Tetum or Portuguese] is the first language of communities, so their use inhibits [children’s] ability to acquire new knowledge,” Kirsty Sword-Gusmão, an Australian-born social activist who is head of the country’s UNESCO office, told IRIN.

Poor education and the limitations it imposes on job opportunities for young people are among the leading potential causes of future friction, she added. Youth gang violence has until recently been problematic in cities, but is now declining.

Barbara Thornton, an education specialist and consultant on Timor-Leste’s mother-tongue project on behalf of the World Bank, said current language policies carry the risk of “entrenching class differences”.

Portugal controlled Timor-Leste as a colony until 1975. Less than two weeks into Timor-Leste’s independence, Indonesia invaded and began a brutal 24-year occupation. A quarter of the island nation’s population perished under Indonesian rule.

Many of Timor-Leste’s independence leaders were educated in Portuguese and have promoted it as the language of resistance to emphasize historical and cultural differences between their would-be nation and surrounding island territories controlled by Indonesia.

They also deemed Portuguese to be a neutral language among the people of Timor-Leste, which has dozens of indigenous languages. When Timor-Leste achieved independence, its leaders chose Portuguese and Tetum as the country’s official languages and instructed schools to teach in these.

Tetum had by then emerged as a language spoken by a majority of Timorese, while Portuguese was spoken by just a fraction of the population. Today, teachers and students alike are still struggling to catch up to the policy.

Bonafacio Barros, an 18-year-old high school student in Dili, the capital, said he tended to “tune out” when his instructors used Portuguese. “We can only understand a little bit.” Julia Gaio, an adviser to the Ministry of Education, said many teachers struggled to engage primary school students in their lessons unless they used the children’s household language.

Though most people in Timor-Leste speak Tetum by adulthood, many have a tenuous grasp of the language during their first years of schooling.

The mother-tongue programme will instruct in students’ household languages in their first years at school, after which Tetum and Portuguese will be gradually included. A pilot programme is scheduled to be introduced in twelve primary schools across the country in April.

Opponents say the project will be difficult to implement because most of the country’s indigenous languages have little or no script and limited vocabularies.

More importantly, they argue, mother-tongue instruction could jeopardize national unity in a country with less than a decade of self-rule and a history of bloody flare-ups derived from regional factionalism.

“This policy would inculcate a sense of division… it would slowly start to destroy national identity and unity,” said a statement reflecting the strong opposition to the plan in some parts of the country. It was released by a coalition of local NGOs, some of which later withdrew their support.

“We are struggling to consolidate unity so that everybody thinks as East Timorese instead of thinking, I’m a Mumbai, I’m a Fataluco, etc.,” President José Ramos-Horta told IRIN, referring to two of the country’s ethnic groups. In 2008, Ramos-Horta barely survived an assassination attempt that stemmed, in part, from regional factionalism.

He is concerned that a rollout beyond the 12 schools may detract from efforts to boost literacy in Tetum, but proponents of the programme see the opposite.

“It is actually a way to keep the nation together by [valuing] different languages and cultures,” said Agustinho Caet, an official at the Ministry of Education. “If you don’t, it could create conflict. People will say, ‘You are forgetting about our language.’”

25 March 2012

Military intimidation in Presidential election campaign

Jornal INDEPENDENTE Wednesday, 21 March 2012 2012 Presidential Elections; “Renan Selak: A lot of our people felt threatened during election because of military uniforms”

Member of the National Parliament and Eastern region Veteran, Faustino dos santos, alias “Renan Selak” says a lot of the populace in the district of Lautem did not freely vote because some candidates for President of the Republic put out election posters with photos of them wearing a military uniform as well as appearing in some newspapers during the election.

During the recent election campaign for President of the Republic there were campaign posters that were publicly displayed of candidate for President of the Republic and former F-FDTL Commander, Taur Matan Ruak and CNRT Party President Xanana Gusmao complete in military uniforms.

MP Renan Selak told parliament he felt ashamed for those who despite having left the military to move into civillian life, but continued to use the army’s military uniform.

Renan Selak said that during the Presidential elections some voters, especially in Lautem district, voted for candidates not because of their free will but because the emergence of the image of military uniforms resulted in all manner of perceptions in their minds.

“Many voters were asking one another, they were scared that if they did not vote for the uniform and it lost, difficult circumstances or a war might arise in our country,” Renan said.

“I do not know about anywhere else, but in my birthplace Lospalos they were disconcerted (tetum/portuguese “atrapalha”) and were asking, if the military are meant to be impartial, why candidate himself for President of the Republic?” questioned Renan Selak.

Renan Selak said that he had also previously dedicated his life to the miliatry for many years, from the time of the resistance until 2002, but when he left the forces, he did not wear his uniform again, because it is the institutions, the defence forces.

Candidate for President of the Republic Fernando Lasama during his campaign recently also questioned the posters publicly displayed by Taur Matan Ruak wering military uniform.

Lasama said that when one wants to be the Head of State then it is better not to be in a military uniform.

“You don’t need to show off in pamflets that way, everyone knows that taur is a former General who was together with Xanana a high ranking former commander,” Lasama said recently during his campaign.


TETUM

Jornal INDEPENDENTE
Kuarta, 21 Marsu 2012

Prosesu Eleisaun PR Periodu 2012-2017
“Renan Selak: Povu Barak Sente Ameasdu Iha Eleisaun Tanba Farda Militar”

Membru Parlamentu Nasional no Eis Veteranu Reijaun Ponta Leste, Faustino dos Santos “Renan Selak” hatete populasaun barak iha distritu Lautem la-halo votasaun ho livre tamba kandidatu Prezidenti Repúblika balun uza fali farda militar iha sira nia poster hodi taka iha fatin publiku sira no iha jornal balun iha tempo kampaña.
Iha kampaña ba eleisaun Prezidenti Repúblika foin dadauk ne’e iha Poster Kandidatu Prezidenti Repúblika eis komodante F-FDTL, Taur Matan Ruak, no Prezidenti CNRT, Xanana Gusmao ne’ebe mos kompletu ho farda militar.

Deputadu Renan hateten ba PN horsehik katak, nia senti moe bainhira ema ida sai ona husi militar hodi fila ba moris vida sivil, maibe kontinua utiliza farda instituisaun nian.
Renan Selak dehan, iha eleisaun Prezidensial foin lalais ne’e eleitor balun liu-liu iha Distritu Lautem, balun hili kandidatu sira la ho konsensia tanba prezensa farda militar ne’ebe hamosu presepsaun oi-oin.

“Eleitor barak sira husu ba malu katak, sira tauk bainhira la-hili farda ne’e kuandu lakon karik, sei mosu situasaun a’at iha ita nia rai ka funu ida,” Renan dehan.

“Hau lahatene fatin seluk, mais iha hau nia rain Lospalos sira atrapailha no hatete dehan, se militar ne’e imparsial, nusa mak kandidatu an ba Prezidenti Republika?,” dehan nia (Renan.

Renan dehan, nia mos uluk dedika an iha vida militar durante tinan barak, desde rejistensia to’o ba iha Aileu iha 2002, maibe kuandu nia sai husi forsa, nia la uza ona farda militar, tanba sasan ne’e instituisaun nian, forsa defesa nian.

Ba kestaun ne’e, Iha fatin ketak, Iha kampaña ikus iha Dili, Kandidatu Prezidenti Republika Fernando Lasama mos kritika maka’as Poster Taur Matan Ruak nian, ne’ebe uza farda militar.

Lasama dehan, kuandu hakarak sai xefe Estadu Timor-Leste nian, diak liu hasai tiha farda Militar.

“La Presiza hatudu a’an liu husi panfletu sira hanesan ne’e, tamba ema hotu hatene katak, Taur nudar eis Jeneral ida no Xanana nudar eis Komandante bo’ot ida,” dehan Lasama iha nia kampaña antes ne’e.

24 March 2012

President vetoes land and property law

Diario Nacional March 23, 2012, Language source: Tetun - President of the Republic, Jose Ramos Horta has exercised his right to veto the law for land and property because the law was not favorable for the people and has sent it back to the Parliament.

”We should be neutral to protect the people’s land and properties and should guarantee the rights of the landlord and to guarantee the investor who invest in the country,” Horta said. Horta made a comment that the law is good but the MPs need to amend and reform some articles so that it could protect the people’s rights.

He added that some of the articles of the law should be amended in order to benefit the people of the country in the future.

President Horta sends land law back to Parliament

Timor Post, March 23, 2012 language source: Tetun - President of Republic Jose Ramos Horta has sent back the land law to the National Parliament to amend that law because it would not benefit people in the future.

“I spent many weeks analysing the land and compensation law, and I also received input or ideas from NGOs and many people that many provisions of the law are still wrong,” President Horta said.

President Horta also said that the Government through the Justice Ministry cooperated with the National Police to evict some residents, adding that the Government also used its power to lend land for international and national investors without consultation.

President receives reports of intimidation, informs police

Independente, March 23, 2012 - President of Republic Jose Ramos Horta was concerning about the security situation of the country, because he received information that supporters of one of the two presidential candidates who would compete in the second round of election started to mistreat and intimidate people.

“Many people are scared now about what will come in Suai, Bobonaro. Why are some people campaigning with guns and uniforms? Some (people) have entered some people’s homes and threatened them,” President Horta said.

He stressed that Timor-Leste must not have a president who was elected as a result of intimidation and pressure.

Timorese Police General Commander Commissioner of Police Longuinhos Monteiro has called on the people who experienced the intimidation to report it to the police rather than report it to the President.

Fundasaun Mahein (FM): Projeitu Loke Kuak - Taka Kuak

Fundasaun Mahein (FM) has just published a report on road security
(Mahein Nia Lian No.31: Bad roads impede the election security). We
would like to make an additional observation on the topic of road
infrastructure. All those currently in Dili would have noticed the
appalling condition of Beach Road or Avenida de Portugal, most notably
in Pantai Kalapa and opposite the port.

A few weeks ago now, for reasons not known by FM, the local
authorities decided to dig up sections of the road along Beach Road.
However, weeks have now passed, and there is still no sign of any work
being done to repair this road. Asphalt has been torn away to give way
to dirt roads, which has made life difficult for motorists in that
area especially those trucks operating in the port. Furthermore, this
may also reduce emergency response times.

As Dili has been hit by some rather heavy rains these past weeks,
those dirt roads have been deteriorating quite rapidly, causing an
increase in traffic in a key part of the city as well as putting
motorists (especially those on bikes and bicycles) in some level of
danger.

Furthermore, the resulting increase of dust can cause health risks
(notably respiratory) to the local inhabitants of the area. This may
not be of concern to the ema boot that travel in comfortable 4 wheel
drives, but for most Timorese, they must face these health and safety
threats as well as potential economic pressures through potential bike
or car damage caused by poor roads.

The shambles that is Beach Road at moment, which is an arterial road
in Dili, home to many Embassies, also brings shame to our country on
the international stage. This is made even worse by the abundance of
foreign reporters and observers present in the country as a result of
the current electoral cycle. When visiting a foreign country, road
conditions very often leave lasting impressions.

This example of beach road illustrates the regular occurrence of poor
planning by the government when managing infrastructure projects in
this country. Too often infrastructure projects are poorly implemented
and planned and FM hopes that the road discussed as well the countless
other terrible roads elsewhere around the country are repaired rapidly
and properly.


Projetu Loke Kuak- Taka Kuak

Foin dadaun ne’e Fundasaun Mahein publika tia ona relatoriu ida kona
ba seguransa estrada naran (Mahein Nia Lian No.31: Estrada A’at Impede
Seguransa Elesaun). Maibe ami sei hakarak atu halo observasaun ida tan
kona ba topic infra-estrutura estrada. Ita hotu ne’ebe agora dadaun
iha Dili repara ona kondisaun estrada hanesan Beach road, Pantai
Kelapa, nomos estrada iha ponti kais nian sorin.

Derepente deit, iha semana hirak liu ba ne’e Governu deside ke’e
istrada iha Beach road. Maibe semana barak liu tiha ona mais seidauk
iha indikasaun ruma katak estrada hirak ne’ebe Governu ke’e ne’e atu
diak ona. Aspalt hirak iha estrada ne’e ke’e sai tiha ona ne’ebe fo
difikulta boot ida ba motoristas sira iha fatin ne’eba i affeta mos
trek boboot hirak ne’ebe la’o tuir iha estrada ne’e. Nune’e mos
kondisaun estrada iha fatin ne’eba sei affeta autoridade emergensia
sira nia tempu responde.

Husi udan iha cidade Dili semana no fulan hirak liu ba ne’e estrada
hirak ne’ebe mak autoridade sira ke’e ne’e sai a’at liu tan deit, kria
macet ba trafiku nomos fo ameasa ba motoristas ne’ebe hakarak uza
estrada ida ne’e. Husi udan kria mos rai rahun iha estrada ne’ebe fo
ameasa saude ba populasaun hirak ne’ebe hela iha ne’eba. Klaru ke
preukupasaun hirak ne’e la hetan atensaun husi ema bo’ot sira tanba
ida ne’e la affeta sira tanba sira uza kareta luixus. Maibe ba
populsasaun bain-bain estrada a’at hanesan ida ne’e sei estraga sira
nian saude nomos affeta sira nian vida ekonimia tanba estrada hirak
ne’e bele mos estraga sira nian kareta ou motor.

Failansu ida hanesan Beach road ne’e mos halo moe ida ba ita nian
nasaun tanba estrada ne’e estrada prinsipal i korpu diplomata sira uza
beibeik tanba eimbaxa barak iha Pantai Kelapa. Impaktu ba nasaun nian
imagen ne’e bo’ot liu tan iha tempu agora dadaun ne’e tanba agora
dadaun jornalistas internasional barak mak tama iha ita nian rai laran
hodi tuir elesaun presidensial. Baibain ne’e wainhira ita halao vizita
ba nasaun ruma kondisaun estrada ne’e mak ita sei la haluhan.

Exemplu ida hanesan Beach road ne’e hatudu tan dala ida governu nia
habitu a’at ida be’e la hanoin no planu didiak wainhira atu manega
projetu infra-estrutura iha rai ida ne’e. Dala barak ona la planu no
implementa projetu ho didiak. Husi hirak ne’e Fundasaun Mahein appela
ba governu atu fo mos attensaun no hadia lalais estrada a’at barak iha
Timor

23 March 2012

A group of people damage eye clinic in Bidau

Radio Timor-Leste, March 20, 2012 language source: Tetun - An unknown group of people reportedly damaged the eye clinic of the National Hospital of Guido Valadares (HNGV) Monday (19/3). The facilities damaged are glasses and ceilings of the building and it was reported that, this is the third incident, but the suspect have not yet been identified. Doctor Marcelino Corereia said they had presented the referred case to the National Police for investigation purposes.

PNTL has filed seven traffic accidents in presidential election

Diario Nacional March 20, 2012, Language Source: Tetun- The Timorese National Police (PNTL) from traffic unit has filled seven traffic accidents during the day of presidential election (17/03). The Traffic Unit Commander, inspector, Antonio Soares said from the seven accidents, one UN Police officer was seriously wounded. He affirmed that, the UN Police officer lose control when driving his car; therefore the car crashed. “The seven traffic accidents happened during the presidential election,” Soares said. He added that was caused by human factor and human error; people did not control and manage themselves while driving.

Former military leader not a good choice for President says Horta

Timor Post Group editor Xisto Freitas posted on their Facebook page tonight, 21.3.2012, the following summary of an article they will be running tomorrow: - President of the Republic Jose Ramos-Horta said today that a president of the republic who comes from a military background will not be good for the nation.

“I want to make an appeal to all of our people and I ask the two candidates seeking to be elected, not to use the backdrop of threats of violence, because right now a lot of our people are scared about what may happen. In Suai and Bobonaro, the old women are preparing corn flour because they are scared. Why? Because they went around campaigning, screaming, wearing uniforms. Some went in and out of homes threatening election observers. This happened a lot,” Horta said.

The Nobel Peace Laureatte made these statements during an address to his staff in the Presidential palace at Bairro Pite, Wednesday (21/3).

Read the complete article in tomorrow’s edition of the Timor Post, Thursday 22 March 2012.

Second round of presidential elections on April 16

The Democratic Republic of Timor-Leste

Presidencia da República

PRESS RELEASE
Dili, 22 Mar 2012 – The second round run-off presidential election will occur on April 16 (Monday), thus fulfilling the legal deadline of 30 days following the first round, according to the decree promulgated on Wednesday by the Head of State, Dr. Jose Ramos-Horta.

The decree read:

Faced with the need of scheduling a date for the second round presidential election, pursuant to articles 86º, paragraph c) and 76º, number 3 of the Constitution of the Democratic Republic of Timor-Leste, and article 12º, number 2 of no. Law 7/2006, of December 28, amended by Law no. 5/2007, of March 28, and Law no. 8/2011, of June 22

I designate April 16, 2012 (Monday) as the date for the second round of the presidential election.


PPR/end

President with military background is not good for the country

Timor post, March 22, 2012 language source: Tetun - President of Republic Jose Ramos Horta affirmed that if the president of republic whose background was military then it was not good for the country, according to Timor post.

“I just want to announce to all people and the two president candidates who would be elected, they have not threat people and engaging in violence because many people are now afraid of the security situation that what will happen in the future,”

President Horta said. President Horta made the statements yesterday at the Presidential Palace of Nicolao Lobato in Aitarak-Laran, Dili during his farewell ceremony with the staff of the President Palace.

PDHJ identifies 14 public officials join last political campaign

Independente, March 22, 2012 language source: Tetun - The Timorese Human Rights and Justice Ombudsmen (PDHJ) identified that there were 14 public officials who found to join the last political campaign of the president candidates.

Acting Ombudsmen, Rui Pereira dos Santos affirmed that the total public officials who joined the political campaign of the president candidate Jose Luis Guterres were eight people and who joined the political campaign of Fernando “Lasama” de Araujo were six people or officials. They also identified that there were some MP used cars of the Parliament for joining the political campaign of the president candidate Taur Matan Ruak but the number of cars was not clear.

“This is provisory result from our observation during the period of the political campaign of the president candidates.” “We could not mention or publish name of those public officials who joined the political campaign, because we have to confirm it with the Public Service Commission (KFP) and will publish the name after the confirmation,” dos Santos said. He added that they would submit the referred cased to the competent Ministry and KFP to take the necessary action or processed it legally.

Zumalai case; eight suspect still on PNTL hunt

Diario Nacional March 22, 2012, Language Source: Tetun - The Criminal Investigation Service (SIC) Commander Superintendent Calisto Gonzaga said the eight suspects who were believed of involving in the Zumalai case in Suai District was hunting by PNTL. “They are nine suspects and PNTL has detained one of them and the others suspect still being in fugitive of PNTL,” Gonzaga said. Gonzaga added that in relation with the skeletons to date still in process forensic, “It does not the same with the homicide case but it is need to held test to the skeletons whether skeleton of animal or human.”

F-FDTL detain 100 illegal fishermen

Timor post, March 22, 2012 language: Tetun - Second Commander of the Timorese Naval Force, Joao da Silva affirmed that they already detain 100 illegal fishermen in the Timor Sea. “Starting from setting up this Naval Component up to this time, we already detain 100 illegal fishermen who did illegal fishing in the Timor Sea,” da Silva said. He said that they were unable to hold operation in the southern coast of Timor Sea because the facilities they use were not guaranteeing them to hold patrol in the southern part of Timor Island.

JSMP : Summary of cases tried at the Suai District Court in the Second Week of February 2012

Case Summary

Period : February 2012

Edition : 29 February 2012


Summary of cases tried at the Suai District Court in the Second Week of February 2012

Introduction



Between 06 - 17 February 2012 JSMP continued its monitoring activities at the Suai District Court.

During this two week period JSMP was able to monitor hearings in 12 cases. These cases included 1 case involving criminal association (a group that aims to commit a crime), 4 cases involving ordinary maltreatment, 1 case of attempted murder, 3 cases of domestic violence, 1 case of rape and 2 cases of sexual assault.

Hearings were conducted in some of the aforementioned 12 cases; however others were adjourned because the parties did not appear in court for reasons that remain unclear. Defendants, witnesses and victims who were summoned to provide their testimony to the court did not appear at the scheduled times.

As usual this case summary aims to disseminate and provide updated information about the trial process that is taking place in each court and the trends that are being observed. Each summary provides a snapshot of the trial process in court as well as the legal options that are being applied by court actors in each of the cases proceeding to trial.

The information below summarizes each case that was taken to trial.

1. Crime of Criminal Association, Case No.86/PEN/2011/TDS

On 06 February 2012 the Suai District Court continued the trial of a case of criminal association registered as Case No.86/PEN/2011/TDS. There were four defendants in this case, namely FDC, VDA, JCH and HCS. The defendant FDC is currently serving a period of temporary detention and the other three defendants are under house arrest. The crime allegedly took place in Fatuberliu Sub-District, Manufahi District in 2002.

The trial was led by a panel of judges comprising Florençia Freitas (presiding), Costançio Barros Basmery and Âlvaro Maria Freitas. The Public Prosecution Service was represented by Oscar Silva Tavares (international) and António Tavares da Silva. The defendants were represented by public defender Marçal Mascarenhas.

11 witnesses were summoned by the court to appear in this trial, namely TM, AX, MX, VdC, JDL, CL, DF, CB, MIL, FM and JB.

Before the court the witnesses testified that they helped an organization named “Support base for Falintil 75” because the defendants lied to them and then they became members of this organization. They testified that they received three cards that they bought at different prices, firstly a FTL-RDT Card that cost US$ 15, secondly a RDT Official Bulletin Card that cost US$ 35.00 and thirdly a RDT Triangle Card that cost US$ 60.00. The total amount of money spent was US$ 110.00;

Previously a hearing in this case took place on 6 January 2012 where the defendants used their right to remain silent in accordance with Article 60 (c) of the Criminal Procedure Code.

After hearing the testimony of the witnesses the court could not continue with the final recommendation of the prosecutor as it was already 9pm.

The trial was scheduled for the following day (7 February 2012) at 9am.

Then on 7 February 2012 the Suai District Court continued the trial by hearing final recommendations in this case.

The trial of this case was led by the same panel of judges mentioned above.

In relation to the aforementioned incident, and in accordance with the facts set out in the indictment that were examined during the trial, the public prosecutor conveyed his final recommendation and requested for the court to punish the defendant in accordance with the crime committed. The public prosecutor charged the defendants for violating articles 188 and 266 the Penal Code.[1]

The lawyer representing the defendants requested for the court to acquit the defendants from all charges because the activities of the aforementioned organization did not cause other people to suffer any loss. Also the lawyer argued that there was no law that specifically dealt with illegal organizations.

The decision in this case will be announced on 23 February 2012 at approximately 10am.

2. Crime of Serious Maltreatment, Case No.39/PEN/2011/TDS

On 7 February 2012 the Suai District Court was supposed to convene to read out the decision in a case involving serious maltreatment registered as Case No. 39/PEN/2011/TDS. The three defendants in this case (JA, AC and AG) allegedly committed the crime against the victim ACL.

The hearing to announce the decision was led by judge Florençia Freitas, The public prosecution service was represented by Zélia Trindade and the defendant was represented by public defender João Henrique de Carvalho. However, the hearing did not take place because the victim added additional information about the impact of the violence, namely that the victim could no longer see out of the eye clearly as a result of the maltreatment suffered at the hands of the defendants.

Based on the request of the victim, the court asked the public prosecutor to organize a medical examination of the victim within 15 days. In relation to this delay the court announced that the trial would be continued on 22 February 2012 at 2pm.

3. Crime of Attempted Murder, Case No.155/PEN/2009/TDS

On 08 February 2012 the Suai District Court conducted a hearing in a case of attempted murder registered as Case No. 155/PEN/2009/TDS. The defendant SAM allegedly committed the crime against the victim LA. The victim was the stepchild of the defendant. The incident allegedly occurred on 19 May 2009 in Holbelis Village, Suai Sub-District, Covalima District.

The incident occurred because the victim was in charge of looking after the defendant’s buffalo and the witness allowed the buffalo to enter into the field/plantation of JO and as a result some corn and cassava were damaged. The defendant became angry and maltreated the victim. The hearing was led by a panel of judges comprising Costançio Barros Basmery (presiding), Âlvaro Maria Freitas and Florençia Freitas. The Public Prosecution Service was represented by Oscar da Silva Tavares (international) and the defendant was represented by public defender Marçal Mascarenhas.

The hearing started with the reading out of the indictment by the public prosecutor who stated that on 19 May 2009 at approximately 7am the defendant maltreated or physically assaulted the victim by hitting him twice on the head with a piece of wood and slapping the cheek of the victim twice. Also, the defendant tied the victim with a piece of rope and hung him from a tree.

In relation to the aforementioned incident the public prosecutor charged the defendant for violating articles 23 and 24 of the Penal Code in conjunction with Article 138 of the Penal Code,[2] relating to the crime of murder.

Before the court the defendant rejected the charges of the public prosecutor, however the defendant testified that the incident occurred because JO (plantation owner) stoned and killed the buffalo that entered JO’s plantation, which occurred because of the negligence of the victim. Therefore, the defendant called the victim and yelled at him and maltreated the victim as described in the indictment. However, the defendant testified before the court that he regretted his actions and promised not to repeat them in the future.

The witness AC was summoned by the court and told the court that the defendant did in fact maltreat the victim as described in the indictment, however the victim was not hung from a tree. The witness JLN then said that it was true that on 19 May 2009 the defendant tied the victim with some rope; however AC untied the victim before the defendant continued with his actions.

After hearing testimony from the witnesses who appeared in the aforementioned hearing the court announced that the trial would be adjourned until 21 February 2012. The trial will continue with the court examining the other witnesses who were summoned but had failed to appear.

4. Crime of Domestic Violence, Case No.83/PEN/2011/TDS

On 09 February 2012 the Suai District Court conducted a hearing in a case of domestic violence registered as Case No. 83/PEN/2011/TDS. The crime was allegedly committed by the defendant ACS against the victim LdJ on 17 November 2010 in Manutasi Village, Ainaro District.

The hearing was led by judge Florençia Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was represented by public defender João Henrique de Carvalho.

The hearing started with the reading out of the indictment by the public prosecutor. The indictment stated that on 17 November 2010 at approximately 7pm the defendant hit the victim once on the neck and kicked the victim once in the stomach. The incident occurred because the victim returned home at night.

In relation to the aforementioned facts the public prosecutor charged the defendant with violating Article 145.1[3] of the Penal Code in conjunction with articles 2, 3 and 35 of the Law Against Domestic Violence.

The defendant testified before the court and admitted that the charges of the public prosecutor were true; however the defendant explained that in fact the defendant did not commit the aforementioned actions against his wife, but the incident occurred because the victim came home at night.

Then the victim testified before the court and confirmed the facts that were described in the prosecutor’s indictment. However, the victim added that after the incident they had reconciled and were living together as husband and wife.

Based on the aforementioned facts the public prosecutor recommended that the defendant be sentenced to 1 year and six months imprisonment, to be suspended for three years.

The same request was submitted by the lawyer of the defendant, namely for the court to hand down a suspended sentence, because the defendant had admitted all of his actions and had expressed regret during the trial. In addition, the defendant also promised to not repeat this behavior in the future and the defendant is the provider for the family, which includes three children.

In reference to the aforementioned evidence, the court concluded that the actions of the defendant had fulfilled the crime set out in Article 145 of the Timor-Leste Penal Code and articles 2, 3 and 35 of the Law Against Domestic Violence. Therefore, the court sentenced the defendant to 8 months imprisonment, to be suspended for 2 years.

5. Crime of Domestic Violence, Case No.80/PEN/2011/TDS

On 10 February 2012 the Suai District Court was supposed to try a case of domestic violence registered as Case No. 80/PEN/2011/TDS. However, the trial could not take place in accordance with the schedule.

Based on information collected by JSMP, the judge presiding over this case was not at the court. However, JSMP did not manage to obtain detailed information about this impediment.

6. Crime of Domestic Violence, Case No.64/PEN/2011/TDS

On 15 November 2012 the Suai District Court conducted a hearing to read out its decision in a case of domestic violence registered as Case No. 64/PEN/2011/TDS. This case involved the defendant Claudinho Cardoso da Cruz who allegedly committed the crime against the victim Margerita Benu. This incident allegedly occurred on 13 April 2011 in a Sub-Village named Kampung Baru, Debos Village, Suai Sub-District, Covalima District.

The decision was read out by Judge Âlvaro Maria Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was represented by public defender Marçal Mascarenhas.

Based on the facts examined during the trial the court was convinced that the defendant was guilty of committing the crime of ordinary maltreatment, which was categorized as domestic violence.

After examining all of the related evidence and facts the court decided that the most appropriate punishment would be to fine the defendant. Therefore the court sentenced the defendant to pay US$ 50. The fine has to be paid within 100 days at a rate of 50 cents per day. The court emphasized that if the convicted person did not fulfill his obligation then he would have to serve two months imprisonment.

7. Crime of Rape, Case No. 123/PEN/2009/TDS.

On 15 February 2012 the Suai District Court was supposed to conduct a trial in a case of rape registered as Case No. 123/PEN/2009/TDS.

However the hearing could not take place because the defendant, who had been summoned by the court, did not respond to the summons without any explanation.

The hearing to announce the adjournment of the trial was led by judge Costançio Barrros Basmery. The Public Prosecutor Service was represented by Zélia Trindade and the defendant was represented by public defender Marçal Mascarenhas.

The trial was adjourned until 21/02/2012 at 10am.

8. Crime of Sexual Abuse of a Minor, Case No. 06/PEN/2010/TDS

On 16 February 2012 the Suai District Court conducted a hearing in a case of sexual assault against a minor that was registered as Case No. 06/PEN/2010/TDS. The defendant FdC allegedly committed the crime against the victim MS. This case allegedly occurred in Matai Village, Maukatar Sub-District, Covalima District on 30 December 2010.

The trial was led by a panel of judges comprising judge Âlvaro Maria Freitas (presiding), Costançio Barros Basmery and Florençia Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was represented by public defender Marçal Mascarenhas.

The hearing commenced with the reading out of the indictment by the public prosecutor. The indictment stated that on 30 December 2009 at 10am the victim was sleeping in a bed made of bamboo and the defendant deliberately groped the victim and wanted to use force to have sexual relations with the victim, although the act was not carried out. The indictment also stated that the victim was very upset and humiliated by the actions of the defendant because she is a minor.

In relation to the aforementioned facts, the public prosecutor charged the defendant for violating articles 23 and 24 of the Penal Code in conjunction with Article 177 of the Timor Leste Penal Code.[4]

However, before the court the defendant rejected all of the charges of the public prosecutor. The defendant explained that the aforementioned incident did not occur in accordance with the circumstances described in the indictment, but because the defendant and the victim had a romantic relationship and the defendant testified that all he did was hold the hand of the victim.

However, the victim testified that the defendant committed the actions described in the indictment. The victim then testified that the defendant wanted to use force to have sexual relations with the victim; however the act did not take place because the older sibling of the victim (PJB) stopped it.

The witness PJB did not attend the hearing even though he had been properly summoned by the court. Therefore the final recommendations could not be heard.

The trial was adjourned until 28 February 2012 at 9am.

9. Crime of Ordinary Maltreatment, Case No. 73/PEN/2011/TDS.

On 17 February 2012 the Suai District Court conducted a hearing to validate a settlement in a case of ordinary maltreatment registered as Case No. 73/PEN/2011/TDS. This case involved 4 defendants, namely Maria Goreti, Cançio Nahak, Olivia Barrosno and Terezinha Hoar who allegedly committed the crime against the victim Ana Barros. This case allegedly occurred in Loro Sub-Village, Suai Loro Village, Suai, Covalima District on 7 July 2011.

The hearing was led by single judge Âlvaro Maria Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was given legal representation by public defender João Henrique de Carvalho.

The hearing commenced with the reading out of the indictment by the public prosecutor. The indictment of the public prosecutor stated that on 07 July 2011 at approximately 9am the defendants assaulted the victim and ripped the victim’s clothes.

In relation to this incident the public prosecutor charged the defendants for violating Article 145.1 of the Penal Code regarding ordinary maltreatment, which carries a penalty of 3 years imprisonment or a fine.

However, the court tried to mediate a peaceful settlement between the parties in accordance with Article 145.2 and Article 262 of the Penal Code.

In accordance with the peaceful settlement the victim was willing to withdraw her complaint, however the victim asked for the court to order the defendants to pay compensation of US$ 50.

The court agreed to this request and therefore in accordance with articles 106 and 109 of the Criminal Procedure Code, and articles 71 and 216 regarding the legitimacy of the aggrieved party to withdraw a complaint, the court acquitted the defendant from the charges.[5]

10. Crime of Ordinary Maltreatment, Case No. 98/PEN/2011/TDS

On the same day (17/02/2012) the Suai District Court conducted a trial to validate a settlement in a case of ordinary maltreatment registered as Case No. 98/PEN/2011/TDS. This case involved the defendants Olivio Alves, José Françisco Soares and Mario Moniz who allegedly committed the crime against the victims Apolonario Sanches and Mario Sanches.

The hearing was led by single judge Florençia Freitas. The Public Prosecution Service was represented by Zélia Trindade, and the defendant was represented by public defender Marçal Mascarenhas and private lawyer Lourenço de Deus Mau Lulo.

In this hearing the victims told the court that they were willing to withdraw their complaint. However, the victims added that although they didn’t want anything from the defendants, they asked that the defendants do not repeat this type of act in the future.

Based on the request of the victims, pursuant to Article 145.2 of the Penal Code and articles 71 and 216 of the Criminal Procedure Code, the court decided to acquit the defendants from the criminal charges.

11. Crime of Ordinary Maltreatment, Case No. 70/PEN/2011/TDS

On 17 February 2012 the Suai District Court conducted a hearing in a case of ordinary maltreatment registered as Case No. 70/PEN/2011/TDS. The defendant LdG allegedly committed the crime against the victim EM. This case allegedly occurred in Dais Sub-Village, Belekasak Village, Maukatar Sub-District, Covalima District on 22 June 2011.

The hearing was led by single judge Âlvaro Maria Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was given legal representation by public defender João Henrique de Carvalho.

The hearing commenced with the reading out of the indictment by the public prosecutor. The indictment stated that on 22 June 2011 the defendant hit the victim once above the eye. This action resulted in the victim suffering injury to the eye.

Before the court the defendant used his right to remain silent in accordance with Article 60 (c) of the Criminal Procedure Code.[6]

However, before the court the victim confirmed the facts described in the indictment. Then the victim testified that she was humiliated by the incident and also because she works as a teacher at the Dais Primary School.

The witness CA then testified that the victim yelled and had initially hit the defendant, and the defendant reacted by hitting the victim in return and struck the victim in the eye. In addition, the witnesses EU and FI were also summoned by the court, and their testimony collaborated that of the witness CA.

In relation to the aforementioned facts, in her final recommendation the public prosecutor charged the defendant for violating Article 145.1 of the Penal Code. Pursuant to the aforementioned charge the public prosecutor asked for the court to sentence the defendant to one year imprisonment, to be suspended for two years and order the defendant to pay the victim compensation of US$ 80.00.

The lawyer of the defendant asked the court to hand down a suspended sentence against his client, because the defendant was a first time offender and also was the head of his family and breadwinner.

In consideration of the aforementioned facts, the court sentenced the defendant to 10 months imprisonment, suspended for one year and six months. The court sentenced the defendant to pay compensation to the victim of US$ 50.00 as well as court costs of US$ 10.00.

12. Crime of Sexual Assault, Case No.03/PEN/2007/TDS

On 17 February 2012 the Suai District Court conducted a hearing in a case of sexual assault registered as Case No. 03/PEN/2007/TDS. The defendant JMS allegedly committed the crime against the victim EFS. This case allegedly occurred in Ainaro District on 01 July 2000.

The trial was led by a panel of judges comprising judge Costançio Barros Basmery (presiding), Âlvaro Maria Freitas and Florençia Freitas. The Public Prosecution Service was represented by Zélia Trindade and the defendant was represented by public defender João Henrique de Carvalho.

The hearing commenced with the reading out of the indictment by the public prosecutor. The indictment stated that on 01 July 2000 at approximately 1am, the victim was sleeping with her older sibling MM and the defendant was sleeping close to them. The defendant took advantage of this situation and groped the body of the victim.

The indictment also stated that the victim completely rejected the actions of the defendant, but the defendant used force to carry out his actions.

In relation to this incident, the public prosecutor charged the defendant with Article 289 of the Indonesian Penal Code.

Before the court the defendant used his right to remain silent in accordance with Article 60 (c) of the Criminal Procedure Code.

The victim testified before the court and confirmed the facts described in the indictment of the public prosecutor. Namely that it was true that on 01 July 2000 at approximately 1am the defendant touched and groped her body. In addition, the victim testified that after the incident the defendant threatened the victim not to tell anyone about the incident otherwise he would kill her.

The witness MM who was summoned by the court testified that it was true that the victim was sleeping next to the witness, however MM did not know about the incident. However, at the same opportunity MM testified before the court that the defendant had only pinched the foot of the victim.

In relation to the aforementioned facts, in her final recommendation the public prosecutor requested for the court to provide justice to the victim.

The legal representative of the defendant asked for the court to hand down a suspended sentence against the defendant, because the defendant had expressed regret and had promised not to repeat such actions in the future.

The decision will be announced in a hearing on 23/02/2012 at approximately 10am.
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