28 August 2014
Baucau District Court hears cases of aggravated murder, assault, sexual abuse of minor,property damage, manslaughters, misuse of authority and embezzlement in May 2014
In May 2014 JSMP continued its monitoring of trials at the Baucau District Court. During this period JSMP monitored 26 cases from a total of 38 cases that were tried in the court. These 26 cases comprised 25 criminal cases and 1 civil case.
The criminal cases comprised 1 case of aggravated murder characterized as domestic violence, 1 case of negligent offences against physical integrity, 1 case of sexual abuse of a minor, 2 cases of property damage and making threats, 2 cases of manslaughter, 1 case of mistreatment of a spouse, 6 cases of simple offences against physical integrity, 7 cases of simple offences against physical integrity characterized as domestic violence, 1 case of minor property damage, 1 case of unlawful electoral canvassing, 1 case of serious offences against physical integrity and 1 case of misuse of authority and embezzlement. The civil case related to a land dispute.
This case summary indicates that all courts continue to deal with a high number of cases involving gender based violence.
From these 26 cases, 11 were decided by the court and the remaining 15 cases are still ongoing.
From the 11 cases decided by the court, the defendant in 1 case involving the mistreatment of a spouse was sentenced to 4 years 6 months in prison and was also ordered to pay compensation of US$300 to the victim.
JSMP really values this decision because in addition to handing down a prison sentence against the defendant, the court also ordered the defendant to pay compensation to the victim. This is another step forward in the justice system, especially regarding the application of the Law Against Domestic Violence. JSMP hopes that compensation in cases of domestic violence can be applied in all of the courts to provide restitution for the suffering and loss experienced by victims as the result of actions committed by defendants.
JSMP also observed that in the case of aggravated murder characterized as domestic violence, the defendant was sentenced to 18 years in prison. JSMP believes that this decision is proportional to the seriousness of the crime committed by the defendant.
The information below outlines the cases observed:
1. Crime of aggravated murder characterized as domestic violence – Case No.0449/13.PDBAU
27 August 2014
Dili District Court hears infanticide, assault, theft, property damage and illegal importing cases in May 2014
In May 2014 JSMP continued its monitoring activities at the Dili District Court. JSMP monitored 16 criminal cases of the 97 cases that were before the court during this period. There were a total of 97 cases scheduled for trial, however several of the hearings were postponed, because the parties who had been summoned did not appear, or due to some other impediment. Due to limited resources, JSMP was only able to observe 16 of the 97 cases, which are described in detail below.
These cases involved a range of crimes, namely 7 cases regarding simple offences against physical integrity characterized as domestic violence, 3 cases of simple offences against physical integrity, 2 cases of aggravated theft, 1 case of property damage, 1 case of illegal import and export of goods or merchandise, 1 case of rape and 1 case of infanticide.
From these 16 cases, 9 have been decided by the court and the other 7 cases are still ongoing.
The following information summaries the trials of each of these cases:
Dili District Court sentences defendant to 12 years in prison for case involving rape characterised as incest
“This decision reflects the institutional accountability and sensitivity of the court in ensuring justice for the victim in accordance with the severity and nature of the case. However, JSMP encourages all parts of society to carry out collective efforts to prevent and reject the crime of incest in the family,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.
Incest is a crime which deeply offends community values and should never be allowed for any reason. Incest is very damaging and influential on the physical and psychological development of the victim.
JSMP believes that the relevant State institutions must develop a comprehensive intervention strategy to prevent the crime of incest from becoming more prevalent in the community. This includes amending provisions in the Penal Code and a national action policy regarding the negative impact of incest and identifying the main causes of incest in order to develop an intervention strategy that is appropriate and contextual.
The court found the defendant committed the offence three times in 2008. These acts were committed against the victim after the defendant tied the arms and legs of the victim to her bed, removed the victim’s clothing and had sexual intercourse with the victim. The court also proved that the defendant had sexual intercourse with the victim who was under 17 years of age.
Then, in 2009 the defendant had sexual intercourse on two occasions with the victim, on one afternoon, when the parents of the victim were not at home.
The court considered that the facts were proven based on the admission of the defendant, the testimony of the victim and the examination record.
The public prosecutor charged the defendant with violating Article 287 of the Indonesian Penal Code on sexual relations with a person under the age of 15.
After the hearing to examine evidence the court amended Article 287 to Article 285 of the Indonesian Penal Code on rape and Article 172 of the Timor-Leste Penal Code on rape and Article 173(d) of the Timor-Leste the Penal Code on aggravation.
After evaluating the facts established during the trial the court found the defendant guilty of raping the victim on five occasions. Based on these facts, the court concluded this matter and sentenced the defendant to 12 years in prison in accordance with Article 285 of the Indonesian Penal Code, because the provisions in the Indonesian Penal Code were more favorable to the defendant.
Under the Timor-Leste Penal Code the cumulative prison sentence would have been 14 years in prison, however under the Indonesian Penal Code it was 12 years in prison. Therefore the court handed down a single sentence of 12 years in prison pursuant to the Indonesian Penal Code and in accordance with Article 3.3 of the Timor-Leste Penal Code.
The court did not order the defendant to pay compensation to the victim and explained that compensation was up to the family, to be resolved in accordance with family traditions.
JSMP believes that the court should not have relied on the family to resolve the issue of compensation for the victim. The court should have ordered compensation together with the prison sentence, if the court considered it necessary to provide compensation to the victim.
This case was registered as Case No. Case No. 37/14.TDDIL. The hearing to announce the decision was presided over by Antonino Gonçalves. The public prosecution service was represented by Reinato Bere Nahak and the defendant was represented by public defender Manuel Exposto.
Dili District Court hears infanticide, assault, theft, property damage and illegal importing cases in May 2014
Baucau District Court sentences defendant to 16 years and 6 months in prison for aggravated murder of his wife
Summary of Gender Based Violence Cases in Dili and Oecusse District Courts in May 2014
Dili District Court sentences defendant to 1 year in prison, suspended for 2 years, in case of passive corruption and falsification of documents 05 August 2014
Dili District Court sentences former commander of criminal investigations to 9 years prison for assisting 4 Indonesians and another flee Timor-Leste to avoid drug charges(14 August 2014)
JSMP criticises indictment in domestic violence case in Dili District Court (18 July 2014)
Dili District Court conducts mobile court in Ermera and tries six cases of domestic violence from a total of eight cases (10/11 July 2014)
Gender based violence cases in Dili District Court and Suai District Court March 2014
Fraud, abuse of power, civil disobedience, arson, assaults and theft cases heard by Dili District Court in February 2014
Dili District Court sentences defendant to 8 years in prison and orders him to pay compensation in case of sexual abuse against a minor
Gender-Based Violence in Dili and Baucau District Courts January 2014
Baucau District Court sentences defendant to 16 years and 6 months in prison for aggravated murder of his wife
The court proved the facts alleged by the public prosecutor that were corroborated by testimony given by the witness MD, who was the mother of the victim.
During the trial, MD testified that she saw the defendant stab the victim once in the stomach and twice in the chest. The witness saw the incident from approximately 25 meters away.
“All kinds of violence against women and children is increasing in all locations. These offences range from simple assault, serious assault, attempted murder, sexual abuse and rape, to murder, and this should not occur if each family member is aware that violence should not be used to try and solve differences that occur in the family sphere,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.
JSMP believes that this decision is proportional to the actions of the defendant. However, JSMP hopes that the State understands that violence against women is a serious problem that needs to be addressed at all levels, and that the State will develop a policy to break the cycle of violence within the family. The State has the authority to protect and ensure that all citizens are free from any form of violence. Women and children are specifically targeted within their own families.
JSMP hopes that this sentence can educate the community to avoid acts that take the life of another because the State recognizes and guarantees the right to life as set out in Article 29 (2) of the Constitution of the Democratic Republic of Timor-Leste.
Previously, the public prosecutor alleged that on 01 January 2013, at 8am, the defendant was at the home of his parents in law and was holding his child, and had an argument with the victim. The defendant wanted to take the child home, however the victim did not agree and told the defendant that their child had not yet had a bath.
Therefore, the defendant became angry and put down their child, took out a knife that he was carrying on his side, approached the victim and stabbed the victim once in the stomach and twice in the chest. The victim was taken to hospital however she could not be saved and the victim passed away on that very same day.
The public prosecutor charged the defendant with violating Article 138 of the Penal Code on homicide and Article 139 of the Penal Code on aggravated homicide, combined with Article 35 of the Law Against Domestic Violence.
During the examination of evidence the defendant admitted the acts he committed against the victim.
In his final recommendations the public prosecutor requested the court to sentence the defendant to 20 years in prison. This recommendation was based on the testimony and admission of the defendant that he murdered the victim. The public defender asked the court to hand down a fair and appropriate punishment against the defendant because he did not have a criminal background.
Judge Antonio Fonseca read out the decision of the court on behalf of the panel of judges presiding over this case. The public prosecution service was represented by Luis Hernanio Rangel da Cruz and the defendant was represented by public defender Juvinal Yanes.
Baucau District Court hears cases of aggravated murder, assault, sexual abuse of minor,property damage, manslaughters, misuse of authority and embezzlement in May 2014
Baucau District Court sentences defendant to 5 years in prison in case of attempted murder categorised as domestic violence (30 July 2014)
Baucau District Court hears assault, domestic violence, property damage and arson cases in April 2014
Baucau District Court hears cases of land dispute, assault, manslaughter and domestic violence in January 2014
Baucau District Court applies a suspended sentence that does not reflect Article 68 of the Penal Code
26 August 2014
In May 2014 the Women’s and Children’s Justice Unit (WCJU) continued its monitoring of cases involving gender based violence in the Dili and Oecusse district courts.
This edition summarizes 23 cases that were heard at these courts. These cases comprised 18 cases from the Dili District Court and 5 cases from the Oecusse District Court.
From these 23 cases, 16 involved simple offences against physical integrity characterized as domestic violence, 2 cases involved failure to provide alimony, 3 cases involved the mistreatment of a spouse and 2 cases involved the sexual abuse of a minor.
Suspended sentences were issued in 5 cases, admonishments were issued in 2 cases, 3 cases resulted in fines, prison sentences were handed down in 2 cases, and 11 cases are still ongoing.
In Case No. 84/crime/2014/TDO, based on the facts described in the indictment, physical violence was committed on three consecutive days, indicating that the defendant committed mistreatment against his wife. JSMP believes that the public prosecutor should have determined the charges based on the facts relating to the crime committed by the defendant. In addition, the court should have selected and chosen an appropriate penalty to prevent the reoccurrence of the same crime in the future.
On the other hand, JSMP applauds the court for Case No. 644/2012/TDD because in addition to handing down a prison sentence, the court also ordered the defendant to pay compensation to the victim. Based on JSMP monitoring to date, in general the courts have not included orders to pay compensation to victims. JSMP believes that in cases like this it is really important to give compensation to the victim because child victims and the families suffer as the result of defendants’ actions.
The following information summarizes each of the 23 cases:
1. Proposal of nomination for the positions of Chief of Staff of the Armed Forces and Heads of the Military Components
The Council of Ministers has decided on the list of militaries to suggest to Mr. President of the Republic for the positions of Chief of Staff and Commanders of the military components.
This decision follows the entry into force of the F-FDTL’s Military Statute, on March this year. According to the F-FDTL’s Military Statute, the exercise of the functions of Chief of General Staff of the F-FDTL, of Deputy-Chief of General Staff of the F-FDTL, Chief of Staff of the F-FDTL and Commanders of the due components, have been given a limited temporal duration. In the case of Generals, the office lasts four years, in the others it lasts for two years.
2. First Amendment to Decree Law n. 19/2003, Regulation of Rates for the Ports of Timor-Leste
The Council of Ministers analysed and approved a proposal from the Minister for Transport and Communications, aiming to change the Regulation of Rates for the Ports of Timor-Leste.
This amendment allows that, by Order of the Minister and after consultation with the Ministry of Finance, on exceptional and duly substantiated cases, the fractionated payment, the reduction or the exemption of those rates may be authorized.
The Council of Ministers also analysed:
1. Proposal for construction of a Waste Treatment and Energy Production Industry
The Ministry of Commerce, Industry and Environment presented to the Council of Ministers the proposal for construction of a Waste Treatment and Energy Production Industry from the company Shun Hsin. Source: http://timor-leste.gov.tl/?p=10571&lang=en
25 August 2014
Timor-Leste First Lady submits Declaration of Assets of the President of the Republic and family to Court of Appeal
ETLJB 25/08/2014 From the Office of the President of the Republic Dili 22 August 2014 - Her Excellency the First Lady, Mrs Isabel Ferreira, submitted on Thursday the declaration of assets of the President of the Republic and his family to the Court of Appeal.
“We have fewer financial resources than in the first year we submitted a declaration of assets to the Court of Appeal, because we are building our home with the savings we had and kept in the bank for the last 10 years,” the First Lady explained to the press after submitting the declaration of assets.
Since he took office as President of the Republic in 2012, this is the third declaration of assets that Mr Taur Matan Ruak submits to the Court of Appeal.
The declaration of assets is a commitment made by the Head of State to contribute to good governance and transparency.
The submission of the declaration of assets is governed by Law no. 7/2007 of 25 July on the statute of the holders of organs of sovereignty. Source: https://www.facebook.com/presidenciatl
22 August 2014
National guests like the former Prime Minister of Timor-Leste, Mari Alkatiri and the former President of the Republic, José Ramos Horta were invited to talk about the challenges and opportunities, inherent to the establishment of a News Agency in Timor-Leste (NATL). The international speakers, of this seminar were Rahmat Nasution Dahlan, Chief Executive Officer for ANTARA (News Agency of Indonesia), Rogerio Gomes, Vice Administrator for LUSA (News Agency of Portugal) and also Antonio Sampaio, news correspondent for LUSA.
At the opening session, the Secretary of State for Media, Nélio Isaac Sacramento, highlighted the objective of this seminar: “to search for ideas in order to establish the news agency with the aim of promoting diversity of information and national cohesion in favour of the development of the nation”. Nelio Isaac Sacramento also spoke about the need for training of human resources and about the testimony of great national individualities for the important role they once had in the clandestine news agency” and, nowadays, for the way on how they encourage generations to have a critical spirit.
When speaking about the importance of a news agency in a country member of ASEAN, the Chief Executive Officer for ANTARA, Rahmat Nasution Dahlan, referred that “a news agency is part of the needs of a nation. To the Government it is a credible vehicle, to the population it is a safe source of information''.
Mari Alkatiri, on his turn, and when referring to the relationship of the agency with the national interest, spoke about the growth of democracy into consolidating the State and on how media shall know how to accompany that evolution”, not forgetting the “reinforcement of the critical sense with greater objectivity and the professionalism, which are the two major foundations to have a reliable information, helping to solve problems instead of creating them”.
About its operation, Rogerio Gomes clarified “that an agency sells services and it is for the media body to editorially treat the news, trusting that the information is accurate and objective”.
On the second half of this seminar, Jose Ramos-Horta spoke on the “importance of the news agency on the strengthening of diplomatic affairs between countries”, and the journalist correspondent for LUSA, Antonio Sampaio, spoke about some experiences as a journalist of a news agency.
The seminar was attended by journalists from various media, who actively participated on a debate by the end of each session, which aim was to contribute towards a more illuminating perspective on the importance of the establishment of a news agency in Timor-Leste. Source: http://timor-leste.gov.tl/?p=10551&lang=en&n=1
ETLJB 22/08/2014 From Security Sector Reform Resource Centre By Deniz Kocak TIMOR-LESTE AUG 19, 2014 - Twelve years after independence, Timor-Leste currently experiences relative political stability. Even after the pull-out of UN armed personnel at the end of 2012, no serious incidents troubled the country as in 2006 during the violent clashes between members of the police and the military, or the almost deadly assaults on the Timorese President and Prime Minister in 2008.
However, this stability should not be misinterpreted. Indeed the relative calm is mainly a result of Prime Minister Xanana Gusmao’s “buying peace” policy. Based on Timor-Leste’s petrol revenue, the Gusmao administration was able to appease warring political camps and particular interests of veterans who had fought against Indonesia’s occupation of Timor-Leste. But, behind the facade of economic growth and political stability, grave human security issues have opened up. The short-lived and politically motivated outbreak of violence by paid demonstrators during the parliamentary elections in 2012 as well as the recent campaigns by the Timorese police and military against organized veteran groups point to a possible future scenario of discord in a country, in which more than 50 percent of the population are unemployed.
During the July 2012 clashes, the Policia Nacional de Timor-Leste (PNTL) – the country’s local police force – could resort to backup support from the United Nations Police (UNPOL) and the local military, the FALINTIL-Forcas Armadas da Libertacao Nacional de Timor-Leste (F-FDTL). Read the full story at http://www.ssrresourcecentre.org/2014/08/19/timor-leste-the-continuing-challenge-of-police-building-and-security-governance/
21 August 2014
ETLJB 21/08/2014 East Timor's highest court has ruled that the media law passed by the National Parliament is unconstitutional after President Taur Matan Ruak refused to promulgate the legislation, referring it instead the Court. The law will now be returned to the National Parliament for amendment. Journalists have applauded the Court's decision while the government is not so pleased. Read more here: East Timor's media law unconstitutional - Court
Timor-Leste's President requests Supreme Court to review consitutionality of Media Law
Rough translation of the new draft Timor-Leste Media Law by Lao Hamutuk
New law does not bode well for free media in Timor-Leste (UCAN)
Confusion reigns over Timor-Leste’s controversial new media law
Pacific Freedom Forum calls on President to veto new media law in Timor-Leste
HRW: East Timor: Revise Repressive Media Law
U.S. Embassy Dili: Protecting Press Freedom
20 August 2014
Since the establishment of the F-FDTL and PNTL institutions, the government has made many of efforts to develop these two important institutions. These efforts include fortification of human resource, improvement of infrastructure, modernization of equipment, and the production of laws and disciplinary rules for the military and police. However, disciplinary issues of F-FDTL and PNTL members present a challenge to the establishment of professional military and police institutions.
As part of the government's initiative to professionalize the F-FDTL and PNTL, the Superior Commanders of F-FDTL and PNTL have made the decision to dismiss many times. This dismissal has been issued to undisciplined members who have violated the organic laws and disciplinary rules of the military and police. In some cases, these individuals have abandoned their duties and even committed crimes.
An example of such a dismissal case occurred in the beginning of 2014, when the F-FDTL superior commander dismissed 19 soldiers on disciplinary grounds. Another case involved the PNTL commander dismissing a PNTL member, who had committed crimes during the 2006 crisis and hidden the weapon in question. The dismissal issued by the F-FDTL and PNTL superiors have made a positive impact upon disciplinary reformation in these two institutions.
However, Fundasaun Mahein expresses concern regarding the intent of these dismissals. One must ask whether these dismissals represent serious efforts by F-FDTL and PNTL superiors to reform military and police discipline, or whether they simply serve to execute disciplinary penalties for members? Fundasaun Mahein continues to urge the government to fortify human resources, improve administration, and improve management of certain services, such as the minimum work and equipment conditions necessary to motivate members of F-FDTL and PNTL to effectively serve the nation and people.
1. FM recommends that the F-FDTL and PNTL institutions to continue fortifying the institutions based on the laws and rules of the institution. Leadership should continue applying penalties to members of F-FDTL and PNTL who do not obey the law and regulations of the institution, as well as continue improving human resource inside the institution in order to further professionalize the military and police institutions.
2. FM recommends that communities, as part of their public responsibility, share information with the commanders of the F-FDTL and PNTL regarding any instances of disciplinary violations or criminal actions by F-FDTL or PNTL members against the communities.
Fundasaun Mahein, 19 Agustu 2014 Komunikadu Imprensa Demissaun Membru F-FDTL-PNTL: Nu’udar Reformasaun Disiplina?
Liu husi Mahein Nia Lian Nú 83 halo diskusaun kona-bá implementasaun demisaun iha instituisaun Falintil-Forsa Defeza Timor-Leste (F-FDTL) no Polisia Nasional Timor-Leste (PNTL). Nu’udar parte ida atu tranforma no profesionaliza instituisaun milítar no polísia. Relasiona ho atetude membru milítar no polísia balun ne’ebé durante ne’e viola lei no regulamentu disiplinar instituisaun nian.
Hahu establesementu instituisaun F-FDTL – PNTL Governu halo ona esforsu barak hodi dezenvolve instituisaun importante rua ne’e. Liu husi fortifika rekursu umanu, hadi’a infra-estrutura , moderniza ekipamentu nomos produz lei no regulamentu disiplinar militar no polísia nian. Maibe kestaun disiplina membru F-FDTL – PNTL sei sai dezafiu ida hodi hari’i instituisaun milítar no polisia ida ne’ebé profesional tuir padraun internasional.
Nu’udar asaun ida atu bele atinji mehi Governu nian hodi profesionaliza instituisaun F-FDTL – PNTL, liu husi Komandu Superior F-FDTL – PNTL dala barak ona foti demisaun hasoru membru sira ne’ebé indisiplinadu tanba abandona serbisu no komete krime. Iha ne’ebé viola lei organiku milítar no polísia nian, inklui regulamentu disiplinar instituisaun nian.
Iha ne’ebé kazu konkretu maka iha inisiu tinan 2014 komandu superior F-FDTL halo demisaun ba soldadu hamutuk 19 tanba indisiplinadu. Nune’e mos komandu PNTL halo demisaun ba membru ne’ebé halo infransaun disiplinar inklui mos komete krime hanesan involve iha krize 2006 no halakon kilat. Asaun demisaun husi komandu superior F-FDTL – PNTL ne’e hatudu ona pasu pozitivu hodi halo refomasaun disiplina membru sira.
Maibe, Fundasaun Mahein nia preokupasaun maka karik ne’e implementasaun demisaun ne’e hanesan seriadade husi komandu instituisaun F-FDTL – PNTL atu reforma disiplina milítar no polísia? ka atu ezekuta deit sansaun disiplinar ba membru sira? Fundasaun Mahein kontinua husu ba Governu atu fortifika rekursu umanu, hadi’a administrasaun no jestaun diak ba distribuisaun tarefa serbisu inklui kria kondisaun minimu ba membru F-FDTL – PNTL atu nune’e bele motiva sira iha ambitu serbi nasaun no povu.
FM nia Rekomendasaun
1. Rekomenda ba instituisaun F-FDTL – PNTL atu kontinua fortifika instituisaun bazeia ba lei no regulamentu instituisaun. Aplika sasaun ba membru F-FDTL – PNTL ne’ebé la obdese ba lei no lealidade ba hirarkia instituisaun. Nune’e mos kontinua hadi’a jestaun rekursu umanu iha instituisaun laran atu nune’e bele profesionaliza diak liu tan instituisaun milítar no polisial.
2. Rekomenda ba públiku (komunidade) atu fo informasaun ba komandu instituisaun F-FDTL – PNTL wainhira hetan membru milítar no polísia hatudu hahalok indisiplinadu no asaun krime iha komunidade. Nu’udar parte ida husi kontrolu públiku hodi hadi’a no dezenvolve diak liu tan ita nia instituisaun milítar no polísia. Source: http://www.fundasaunmahein.org/2014/08/19/demisaun-membru-f-fdtl-pntl-nuudar-reformasaun-disiplina/
Fundasaun Mahein: FALINTIL Celebrates 39th Anniversary: FALINTIL is the Fish and People are Water
ETLJB 20/08/2014 From Fundasaun Mahein 20/08/2014 - In independence era, the FALINTIL force underwent the process of self-transformation to become the professional force known as the FALINTIL- Defense Force of Timor-Leste (F-FDTL). Automatically, the nation expected that the F-FDTL would become a professional force, embodied by intelligence, discipline, dignity, and loyalty to the people. This force would perform its duties with responsibility, ensuring external security and serving the people in a dignified manner. While the F-FDTL assumed a military capacity, it would also be regarded as “Civilian Force” whose work is tied closely to communities.
During its days in the forest, the FALINTIL acted according to the slogan “Falintil is the fish and People are Water”. This slogan tied FALINTIL and the communities together, to work and live for the communal purpose of “Liberta Patria”. With this approach, FALINTIL and the communities fought together and finally achieved independence, so this serve as a model for the young force of the F-FDTL, who should continue to embody this spirit.
The struggles of the F-FDTL in city are not the same struggles undergone by those FALINTIL forces in the forests. F-FDTL of today often work in an office setting and, thus, should obey the law and various rules, with an emphasis on professionalism, discipline, and respect for human rights.
As it celebrates its 39th anniversary, FALINTIL can be called an old institution, when compared its other state counterparts, but its work and its legacy have been passed down to the F-FDTL. Therefore, FM encourages every individual of the F-FDTL to maintain the discipline and professionalism shown by FALINTIL, who died for the liberty of this nation. These heroes' experiences live on an example for liberating people in this independence era. Congratulations FALINTIL – FDTL!
FALINTIL Moris ba Idade XXIX: FALINTIL maka Ikan no Povu maka Be
Iha era ukun an rasik, hafoin FALINTIL forsa gerilia transforma an ba forsa professional ne’ebé muda naran sai FALINTIL - Forsa Defeza Timor-Leste (F-FDTL). Otomatimakamente nasaun nia esperansa maka hakarak F-FDTL sai forsa ne’ebé profesional, matenek, disiplina, iha dignidade no hetan fiar husi povu. Forsa ne’ebé bele halao nia knar ho responsabilidade, garante siguransa eksterna inklui serbi povu ho diak no dignu. No mos iha hanoin atu bele sai forsa ida ke oin militar maibe hahalok sivil “Civilian Force” ne’ebé hakbesik liu no serbisu hamutuk ho komunidade.
Hanesan estillu ida ne’ebé FALINTIL hatudu kedas husi ailaran ho lema ida, “Falintil Maka Ikan No Povu Maka Be”. Ida ne’e kesi duni FALINTIL ho komunidade atu serbisu hamutuk hodi luta ba objetivu ida maka liberta patria. Aproximasaun ida ne’ebé FALINTIL halo hakbesik ba komunidade no hamutuk luta ne’ebé finalidade ba ukun an rasik. Tanba ne’e aproximasaun ida ne’e tenki kontinua, ida ne’ebé hatudu ona iha pasadu nu’udar exemplu ne’ebé forsa nurak ka tentara muda F-FDTL sira tenki kaer hodi banati tuir.
Ida ne’e nu’udar funu boot ne’ebé F-FDTL hasoru iha sidade laran la hanesan ho funu durante FALINTIL sira hasoru iha ailaran. Funu iha eskritoriu ne’ebé F-FDTL sira tenki hakruk ba lei no regulamentu oin-oin, ejize sira nia profesionalizmu, disiplina no respeitu ba direitus humanus.
Aniversariu FALINTIL ho idade tinan 39, ne’e nu’udar idade ida ke tuan liu entre instituisaun sira seluk estadu nian. Ejize para sai exemplu diak ba instituisaun ne’ebé nurak. Tanba ne’e FM nia hanoin kada individu F-FDTL kontinua disiplina an hodi banati tuir eroi nasional FALINTIL sira ne’ebé mate ba libertasaun patria. Nune’e eroi sira kontinua sai exemplu ba liberta povu iha era ukun an rasik nia laran.Parabens ba FALINTIL – FDTL!
See also Fundasaun Mahein: Dismissal member of F-FDTL-PNTL: As a Part of Discipline Reformation? - See more at: #sthash.Z5lWzuQI.dpuf
19 August 2014
Dili District Court sentences defendant to 1 year in prison, suspended for 2 years, in case of passive corruption and falsification of documents
In relation to the case involving the falsification of documents, the court ruled pursuant to Article 110.1 (c) of the Penal Code that the statute of limitations had expired so the court acquitted the two defendants from these charges.
“JSMP hopes that this decision will be an important reference point and lesson for public officials in the future so that they will execute their duties in a fully responsible manner, and avoid activities that could potentially undermine the public office that has been entrusted to them by the State,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.
The public prosecutor alleged that in 2005 the defendant AFM who was the Ambassador of Timor-Leste to Indonesia, and MRC who was the 2nd Secretary to the Ambassador, purchased three tax free cars through a specialized company, according to Law No 90/KMK/.04/2012, so that after their mandates expired they could import the vehicles to Timor-Leste for their own personal use.
The public prosecutor charged the defendants with violating Article 419 of the Indonesian Penal Code on crimes against State duties which carries a sentence of 5 years in prison, as well as Article 292 of the Timor-Leste Penal Code which carries a sentence of between 3 and 15 years in prison. The defendants were also charged with Article 263 of the Indonesian Penal Code on the falsification of documents as well as Article 303 of the Timor-Leste Penal Code.
During the examination of evidence the two defendants testified that the cars were not purchased until their mandate had expired and they had returned to Timor-Leste. The defendant AFM also testified that when his mandate expired he received US$10,000 from his friends as a gift and did not receive anything from a company that wanted to purchase cars. Meanwhile the defendant MRC testified that he received money from a company that purchases vehicles totaling US$30,000 at his residence, which was also a gift.
The court concluded this matter and found the two defendants partially guilty pursuant to Article 419 of the Indonesian Penal Code which deals with crimes in the exercise of public duties, because these provisions were more favorable to the two defendants, as provided for in Article 3.3 of the Timor-Leste Penal Code.
The court did not order the two defendants to pay compensation because during the examination of evidence the court did not find any loss experienced by the State, so the court only sentenced the two defendants to pay court costs of US$100 each.
In her final recommendations the public prosecutor requested the court to sentence the defendant AFM to 5 years in prison, and the defendant MRC to 4 years in prison.
The hearing to announce this decision was represented by a panel of judges Antonio Gonçalves, the public prosecution service was represented by Gloria Alves and the defendants were represented by their own private lawyers, namely Arlindo Sanches and Octavio Cardoso. This case was registered as Case No. 112/2007/TDDIL.
15 August 2014
Dili District Court sentences former commander of criminal investigations to 9 years prison for assisting 4 Indonesians and another flee Timor-Leste to avoid drug charges
On 08 August 2014 the Dili District Court conducted a hearing to announce its decision and sentenced the defendant CG to 9 years in prison after the court found him guilty of the crime of failure to report a crime and kidnapping of 5 foreign citizens who were allegedly involved in drug crimes in 2012.
“JSMP welcomes the court’s continued impartiality and capacity to rule on cases involving high ranking people from State institutions. This is a lesson for everyone with an important role in this country to avoid such behavior in the future,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.
The public prosecutor alleged that on 20 October 2012 the defendant, who was the PNTL Investigations Commander, arrested 4 Indonesian citizens and 1 African at the Hotel Central. Those individuals were suspected of bringing 6.5 kilograms of drugs into Timor-Leste, however only 3.5 kilograms reached the Office of the Public Prosecutor. After arresting the five suspects, the defendant did not immediately report the matter to the Public Prosecution Service for investigation, but rather the defendant allowed the suspects to freely enter and exit the hotel.
Then, on 23 October 2012 the defendant took the 5 suspects to Nicolau Lobato airport so they could return to Indonesia.
In relation to these acts, the public prosecutor charged the defendant with violating Article 297 of the Penal Code for abuse of power as well as Article 286 of the Penal Code for failure to report a crime.
During the hearing to examine evidence, the court amended the charge from Article 297 for abuse of power to Article 160 for kidnapping. Based on the facts established during the trial, the court found that the actions of the defendant fulfilled the elements of the crimes of kidnapping and failure to report a crime.
After evaluating the facts and testimony of the defendant, the court found the defendant guilty of being involved in 6 different crimes. Regarding the charge relating to the failure to report a crime, the defendant was sentenced to 4 years in prison, and regarding separate charges for kidnapping the 5 individuals, the court convicted each crime with 3 years in prison. The court then accumulated the 6 crimes, sentenced the defendant to 9 years in prison and ordered him to pay court costs of US$40.
This prison sentence of 9 years was based on the aggravating circumstances such as the fact that the defendant was the Commander of Police Criminal Investigations and should have known that drug crimes are serious crimes. Nevertheless, the court also considered one of the mitigating circumstances, namely that the defendant was ordered by the PNTL General Commander to release the 5 suspects.
During the hearing to examine evidence the defendant testified that he was given an order by the PNTL General Commander to return the 5 suspects to Indonesia. Therefore, through his lawyer he requested to the court to present the PNTL General Commander to provide testimony before the court. However, the court ignored this request.
JSMP agrees that any person found guilty of committing a crime must receive a penalty proportional to the seriousness of the case, however JSMP encourages the courts to allow defendants to defend themselves properly and present relevant witnesses as provided for in Article 60 (h) of the Criminal Procedure Code that states that the defendant may provide evidence and request any action deemed necessary for his or her defence.
JSMP believes that it is important to ensure that each trial reflects the principle of a “fair trial” as a universal principle that is valid in all democratic countries based on the rule of law.
After the court read out its decision, the prosecutor requested the court to immediately apply pre-trial detention pursuant to Article 194 of the Criminal Procedure Code to ensure that the defendant does not abscond from Timor-Leste.
In relation to this request, the public defender raised an objection because he felt that the defendant had demonstrated a good level of cooperation with the court to date. The public defender guaranteed that his client would not flee from his responsibilities and would wait until the appeal of the decision of first instance.
The court applied restrictive measures regarding proof of identity and residence as set out in Article 186 of the Criminal Procedure Code and confiscated the passport of the defendant to prevent him from absconding from Timor Leste.
This case was registered as Case No. 364/2014.TDDIL. Judge Julio Gantes read out the court’s decision on behalf of the panel of judges. The public prosecution service was represented by Gloria Alves, and Angelina Saldanha. The defendant was represented by Sergio Paulo Dias Quintas and Marçal Mascarenhas from the Office of the Public Defender.
07 August 2014
Baucau District Court sentences defendant to 5 years in prison in case of attempted murder categorised as domestic violence (30 July 2014)
ETLJB 07/08/2014 From JSMP: Baucau District Court sentences defendant to 5 years in prison in case of attempted murder categorized as domestic violence
On 30 July 2014 the Baucau District Court conducted a hearing to announce its decision against the defendant AdCM and sentenced him to 5 years in prison after he was found guilty of committing the attempted murder of his wife on 29 November 2012, in Baguia Sub-District, Baucau District. This sentence matched the recommendation made by the public prosecutor to the court, namely for the defendant to be sentenced to 5 years in prison. In addition, the court also ordered the defendant to pay court costs of US$ 30.
During the trial the defendant denied the alleged facts, however in making its decision the court referred to testimony of the victim and the witness who stated that the defendant did in fact commit the crime in accordance with facts that were alleged in the indictment of the public prosecutor.
“JSMP believes that this decision reflects the severity of the crime committed against the victim, even though the sentence cannot restore the victim back to her initial condition. JSMP hopes that this decision will provide a lesson to everyone to restrain themselves from using violent means to settle their disputes in the future and to avoid violence,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.
JSMP has observed that many cases involving domestic violence have occurred because of very simple matters or a difference of opinions between spouses, that should have been resolved through communication.
JSMP believes that it is really important for the government, through its relevant institutions, to seriously invest in civic education and conflict resolution without violence and to raise public awareness about the negative impact of violence.
Previously the public prosecutor alleged that on 29 November 2012, at approximately 6pm, the victim argued with her mother in law because there was no food. After the argument the victim and her two children fled to her parent’s house. The defendant immediately followed her to the home of the victim’s parents and used the blunt part of a machete to twice hit the victim on the back. At that time the victim tried to escape, however the defendant pursued her and slashed the victim once on the back of her neck. These acts caused the victim to suffer an injury to her neck, deafness and a stutter.
In relation to these acts, the public prosecutor charged the defendant with violating Article 138 of the Penal Code for homicide and Article 23 of the Penal Code for attempt to commit a crime, as well as Article 35 of the Law Against Domestic Violence. JSMP believes the prosecutor correctly charged the defendant in this case with the serious offence of attempted homicide, because this charge matches the severity of the defendant’s crime.
In his final recommendations the public prosecutor requested the court to sentence the defendant to 5 years in prison, because all of the alleged facts had been proven. On the other hand, the public defender requested for the court to apply a fair sentence against the defendant because the defendant did not intend to harm the victim.
Pursuant to these facts and the circumstances relating to this matter, the court decided to sentence the defendant to 5 years in prison and ordered him to pay court costs of US$30.
The hearing to announce the decision was presided over by judge Afonso Carmona. The public prosecution service was represented by Pascasio de Rosa Alves and the defendant was represented by private lawyer Horta Ramos. Source: JSMP Press Release Press 6 August 2014
06 August 2014
Deputy Commissioners Neves and Bucar re-assume responsibility for the directorates of Education & Research, and Prevention, respectively. These are the same positions they held under former commissioner Adérito Soares during the 2010-2014 first mandate.
The swearing-in ceremony at Delta Nova was attended by Vice Presidents of the National Parliament Adriano do Nascimento and Aderito Hugo, former President of the Republic and Nobel Peace Prize laureate José Ramos-Horta, former Prime Minister Mari Alkatiri, Prosecutor-General Jose Ximenes, and members of the government, NGO, religious and media communities as well as CAC staff.
Commissioner Tilman, making his first public address since being elected to the role by the National Parliament, drew attention to the professionalism and dedication of Deputy Commissioners Neves and Bucar, and the fight ahead for the country.
“They have served Timor-Leste with honesty and integrity in their academic lives, their professional lives and in the fight for independence,” said the Commissioner.
“CAC has always said that government alone cannot fight corruption. It requires awareness of the common good, the common country and an eye to the public interests by all Timorese citizens.
“The development of our country must not be accompanied by the development of corruption.”
During the second mandate, CAC will focus on capacity building and fortifying public awareness to enhance the integrity and professionalism of the public service and community.
The 2014-18 prevention plan will also be prioritized and implemented, which aims to tackle the issues of procurement, political will, the decentralization of government power and the customs directorate.
CAC will also continue to build institutional capacity by increasing its technical specialization in the areas of investigations and prevention. We are committed to having a good working relationship with our colleagues across government – particularly the Prosecutor-General’s Office, the media, and NGOs.
CAC will support all people’s effort to fortify knowledge and offer any means to say no to corruption in the public service and people’s daily lives – at home and in the work place.
We continue to reaffirm that alone, we cannot rid Timor-Leste of corruption. The public service, NGOs, media and all citizens must utilize its collective power to combat corruption.
The Council of Ministers realized that the event occurred in a positive way, however considering necessary a wider anticipation on the organization of events of this nature.
On this meeting, the Council of Ministers approved:
1. Government Resolution greeting the Timorese population in general and youngsters in particular, by how they facilitated the CPLP’s Dili Summit
The Government greets the People of Timor-Leste, particularly youngsters, by supporting in an exemplar way the launching of the CPLP’s Dili Summit. The Government calls, further, on the population to keep on the civic level, especially on what concerns to the issues of cleaning and preservation of the city of Dili.
2. Government’s Resolution approving the launching of agreements with the community inhabiting the area of the Logistic Base of Suai and the Suai airport
Building this essential infrastructure for the development of the country requires that the population makes land available. Therefore, in order to unblock the development of the works for the launching of the Logistic Base of Suai and the reconversion and refurbishment of its airport, agreements will be settled with the local population and the representatives of local communities. Source: http://timor-leste.gov.tl/?p=10461&lang=en
ETLJB From UCA News College seeks to end corporal punishment in Timor-Leste Nation's violent past blamed for brutality towards children August 5, 2014 - When Helio Ramos, 25, decided to join a three-year teacher training course at a Catholic college in Baucau, the second largest city in Asia's youngest country, he hoped he would be part of a new crop of educators that would help transform Timor-Leste.
The education sector, like much of the country, was destroyed by departing Indonesian forces in October 1999 after the East Timorese overwhelmingly chose freedom from Indonesia in a UN-sponsored referendum. Fifteen years later, the country remains in a slow rebuild, and Ramos wants to be a part of it. He graduated from the Catholic Teachers College last year and now teaches at an elementary school in Baucau.
"Teaching at this time is not easy," Ramos told ucanews.com.
Teaching is not only about the transfer of knowledge, he said, but how to best deal with students from families raised in the shadow of Timor-Leste's violent past.
Ramos said the country is still scarred by this history. The symptoms of post-traumatic stress abound and often manifest itself in the form of corporal punishment and child abuse. Many teachers in Timor-Leste schools are physically abusive toward children, which easily fuels additional trauma. Ramos told ucanews.com that he hopes this new generation of teachers emerging from the Catholic Teachers College will help break the cycle of trauma and abuse.
Maria Sidalia de Oliveira, a 2011 graduate, said that before she enrolled at the Catholic Teachers College, she was told she would "need to be rough" with her students if she wanted to maintain order.
"This is another problem with many Timor-Leste teachers. They often think that since the children have tough characters then teachers must also be tough on them," she said.
"I absolutely disagree. When a teacher can walk and play with the children, they build a mutual trust. When children trust their teachers, they will love us and follow what we tell them," she said.
As part of the college's curriculum, aspiring teachers are taught to avoid corporal punishment, stressing that it is not an effective form of punishment or discipline.
Marist Br Fons van Rooij, the college's director, said that in the long run, the college hopes to help eradicate violence in Timor-Leste society by producing more qualified teachers.
"Too often children in East Timorese classrooms had cause to be fearful because of harsh corporal punishment and other intimidating behavior on the part of teachers. Children will not learn anything when they are afraid of their teachers, and worse, they will not come to school," Van Rooij told ucanews.com.
"One of the big problems in the country is trauma. Many Timorese have witnessed someone in their family being shot. Trauma from these experiences may easily trigger violence. That's why we emphasize non-corporal punishment in the classroom. We create a context of mutual respect. Take away that fear and students will learn. Put in fear, the students will stop learning," he said.
The school was founded in 2001 by the Marist Brothers at the request of Bishop Basilio do Nascimento of Baucau and is affiliated with the Australian Catholic University. Prior to independence, 90 percent of the teachers on the half-island country were from Indonesia. After independence, the education sector needed a complete rebuild, with very few available teachers. The college has since graduated or re-trained about 450 qualified teachers who are spread across the country.
Van Rooij said many of the college's students are the sons and daughters of subsistence farmers. They have few resources to pursue higher education, but show good character and a capacity to teach.
Mariano dos Santos, the college's deputy director and also a lecturer, said the school emphasizes student participation. He said graduates learn how to interact with students, not just present a set of facts to memorize. This daily interaction encourages trust and helps cement a closer relationship between teacher and student.
"If violence toward children continues, when they grow up they will also replicate what they have learned," he said.
Dos Santos said many Timor-Leste teachers, particularly in villages, still use a rattan to discipline students, a practice he experienced many years ago during his school days.
"It's ineffective because it creates a feeling of revenge. Our violence-dominant culture perpetuates a circle of violence," he said. "I'm quite sure teachers can break that chain of violence by preparing students correctly during their formative years." Source: http://www.ucanews.com/news/c
05 August 2014
Oe-cusse District Court conducts judicial inspection of the crime scene in a case involving crimes against flora and fauna
ETLJB 05/08/2014 From JSMP Press Release Oe-cusse District Court 24 July 2014 - Oe-cusse District Court conducts judicial inspection of the crime scene in a case involving crimes against flora and fauna
On 17 July 2014 the Oe-cusse District Court conducted a judicial inspection at the crime scene in a case of crimes against flora and fauna involving the defendant AB who allegedly committed the offence against the Department of Forestry, Ministry of Agriculture and Fisheries, on 22 September 2013 in Abani Village, Pasabe Sub-District, Oecusse District.
This inspection was carried out after the court conducted a hearing to examine evidence, because the court had some doubts about the facts, even though the court had heard the testimony of the defendant and witnesses.
“JSMP values this initiative because an inspection of the crime scene can provide clues to the court that will allow the judges to have certainty when deciding this case”, said Luis de Oliveira Sampaio, Executive Director of JSMP.
The public prosecutor alleged that on 22 September 2013, at approximately 8am, the defendant cut down 2 teak trees belonging to the Ministry of Agriculture and Fisheries, Oecusse District. At that time, a forestry official stopped the defendant in order to prevent the felling of the trees; however the defendant had already cut down the two teak trees. In relation to these acts the public prosecutor charged the defendant for violating Article 217 of the Penal Code.
Previously, on 25 June 2014, the Oecusse District Court conducted a trial in this case, however because the court had doubts about the statement of the defendant and the testimony of witnesses, the court decided to inspect the crime scene.
During the trial the defendant testified that he planted the teak trees in 2001. On the other hand the witness DT testified that the teak trees cut down by the defendant were not planted by the defendant, but had been growing there since Portuguese times.
The witness VP testified that the teak trees had been growing in the plantation of the defendant since 2001, and the defendant had erected a fence and planted oranges, mangoes, teak trees and spruce trees. The witness also testified that during Indonesian times that land was in a flood prone area.
Another witness who was the Chief of the Forestry Department in Oecusse District testified that all of the different types of trees were registered to the State, but the community had continued to cut down the teak trees.
In his final recommendations the public prosecutor stated that the defendant was guilty of cutting down two teak trees, because after examining the crime scene, the public prosecutor reached the conclusion that teak trees as big as those cut down by the defendant would need at least 25 years to grow. This fact was at odds with the testimony of the defendant who stated that the teak trees were planted in 2001. Therefore, the prosecutor requested the court to hand down an appropriate punishment against the defendant.
On the other hand, the public defender requested for the court to issue a fair punishment because the defendant had cut down the teak trees without the knowledge of the competent authorities from the Department of Forestry in Oecusse District.
After hearing the final recommendations of the public prosecutor and the public defender, the court adjourned the trial until 31 July 2014 at 14:30 to announce its decision.
The inspection was led by Judge João Ribeiro. The public prosecution service was represented by Alfonso Lopes and the defendant was represented by public defender Afonso Fatima Gomes.
“This press release is made possible by the generous support of the American people through the United State Agency for International Development (USAID) under the terms of its Cooperative Agreement Number AID-486-A-13-00007 for the Ba Distrito program in Timor-Leste, implemented by the Lead Agency Counterpart International and its partners. The contents and opinions expressed herein are the responsibility of JSMP and do not necessarily reflect the views of USAID or the United States Government.” Source: JSMP Press Release 24 July 2014