24 November 2018

Police accused of unnecessary violence and lack of gun control

"Given this history of violence, it is clear that PNTL has a systematic problem when it comes to unnecessary physical aggression and the unlawful use of firearms.." Fundasaun Mahein

Independente, November 22, 2018 Use of violence amongst Timor-Leste’s police is a “systematic problem” and the failure to implement structural reform represents a violation of its citizen’s rights, according to security watchdog Fundasaun Mahein.

The comments came after an off-duty police officer allegedly shot and killed three young men and seriously wounded five people at a party in Kuluhun, Dili on Sunday morning.

It also follows the recent beating and detention of students holding demonstrations against parliament, the killing of a young man in Bebonuk, Dili, and the shooting of a young man in Praia Dos Coqueiros, allegedly by a member of PNTL.

“Given this history of violence, it is clear that PNTL has a systematic problem when it comes to unnecessary physical aggression and the unlawful use of firearms,” Fuandasaun Mahein argues.

The Kulu-hun incident draws attention to the fact that PNTL members too often carry their guns while off-duty, and that PNTL is either unable or unwilling to enforce rigorous rules governing access to weapons from the PNTL armory.”

 To address the issue of police violence, Fundasaun Mahein recommends structural reform within PNTL, including training, discipline, rules, control on firearm use and periodic psychological tests for PNTL members to ensure officers have requisite mental stability to carry weapons.

As well as criminal sanctions imposed on officers involved in the Kulu-hun incident PNTL institution should also take responsibility for its members, Fundasaun Mahein argues.

“This incident occurred because of a breakdown of the rules and procedures guiding the use of firearms, and it is ultimately the responsibility of PNTL commanders to enforce these rules and ensure the strictest discipline among their subordinates.”

A suspected officer, Jose Mina, has been taken into custody for allegedly conducting the Sunday morning shootings. Julio Hornai, the Commander of PNTL, said the officers who carried their weapons off-duty had “violated the law and had to take the consequences”.

FM said that police have also been accused of using their firearms to cause injury or death in:

  • Ainaro in 2017, 
  • Covalima in 2016, 
  • Hera in 2012, 
  • Delta Nova in 2009, and
  • Viqueque in 2007.




Commissioner Police Hornay: Assailants are suspended from their posts


GMNTV, November 22, 2018 Language source: Tetun Commando of the Timorese National Police Commissioner Police Julio da Costa Hornay affirmed that four suspects of Kulu-Hun murder had been suspended three month from their post based on the internal regulation of PNTL. 

“Four of the suspects has been suspended for three month therefore their status are now as civilians. The suspension was made based on the law in order to process them legally. 

During their suspension period, they have no right to carry weapon and wearing uniform. They are now civilians,” Commissioner Police Hornay said. 

He affirmed that they would form an inspection team to audit or inspect implementation of the police regulations in order to strict police officer to commit unwanted thing like killing people.

Court sends main suspects in Kulu-Hun fatal shooting to preventive prison



Independente, November 22, 2018 Language source: Tetun Dili District Court has sent the two main suspects in the Kulu-Hun fatal shooting with initials JPA and FMS to preventive prison and put two others JT and JS under house arrest on Wednesday.

The suspects are police officers who allegedly opened fire and killed three young men and seriously wounded five people at a party in Kuluhun, Dili on Sunday morning. 

In the first hearing on Tuesday, Prosecutor charged the suspects with multiple felony counts including aggravated murder and attempted murder and demanded preventive prison to two main suspects of the fatal shooting to wait for further investigation and trials. 

Through the second hearing, yesterday, the singular judge, Jacinta Fernandes decided to send JPA and FMS to preventive prison and JS and JT under house arrest. 

The judge denied FMS’ lawyer Estaquio Guterres’ demand to only put his client under periodic report to wait for further investigation and trials, saying putting FMS under periodic report might put him in danger because of the unfavorable circumstances.

Acting Minister of Interior on Police: Too many things have gone wrong, many errors in PNTL

Independente, November 22, 2018 Language source: Tetun Acting Minister of Interior, Filomeno Paixão recognises there are many errors in the Timorese National Police (PNTL) Command, therefore, it is a mission of the new Minister of Interior to improve the PNTL Command service.

He said a reflection on PNTL Service throughout this time showed that there were many things that needed to be done.

“There are too many things that have gone wrong,” Acting Minister Paixão told reporters after participating in the funeral of three dead victims of police fatal shooting in Becusi Cemetery Wednesday (21/11).

He added he could not promise, but there was hope with the new government in office to fix it and make PNTL more professional.


Military leader warns: No repetition of 2006 Crisis and Reform of PNTL necessary

General Lere does not want crisis to occur again TVTL, November 22, 2018 Language source: Tetun

Chief of State for the Timorese Defence Force (F-FDTL) Major General Lere Anan Timur said that he would not want crisis similar to that of 2006 to emerge or occur again in the country.

He said that dialog was a unique way to resolve existing problem between the National Parliament and MTUL.

He stressed that the state body should be consistent with their decision no matter what happen or what would people say.

“The National Parliament should take a position as a state body. They have not to fall to pressures, otherwise the state body will have no value.

We used to fight for state body and not for one or two people’s interest.

They have to be consistent with their decision that if they say A it will remain A and not change to B,” Generla Lere said.

He made the statement because president of the National Parliament Arao Noe de Jesus’ statement saying that the National Parliament may cancel the plan to purchase new pars for the Parliamentarians during the debate of the state general budget if there were a proposal for the cancelation and if the plenary would decide to cancel the plan.

Meanwhile, Major General Lere calls for reforms in PNTL and dismissal of old former Indonesian police officers.

TVTL, November 22, 2018 Language source: Tetun

Chief of State for the Timorese Defence Force (F-FDTL) Major General Lere Anan Timur said that it would be important to do reform within the Timorese National Police (PNTL) institution.

Major General Lere said that the assailants or police officers who killed three civilians and wounded five people in Kulu-Hun, Dili recently were individual acts or responses rather than representing the police institution.

“I would say that the mistake committed by some police officers should not be generalised. We have to continue to trust in PNTL as it is the institution that enforces law and orders. Now the question is what is needed to be done and not to request for dismissal of PNTL Commando.

Now the important thing is to take action and make decision,” General Lere said.

He said that some police officers are old as they used to be police officer during 24 year before independence and after the independence they continue to be police officers; therefore they may feel tired. For this reason, it would be important to do a reform.

23 November 2018

Three murders by police officers at party in Dili planned in advance, say families

Kuluhun police shooting: Victims’ family considers the incident was planned, Lu-Olo condemns the act GMN Diario Nacional, November 20, 2018 Language source: Tetun

The victims’ families of the Kuluhun deadly police shooting consider the incident was planned beforehand.

Two police officers were suspected of releasing deadly gunshots to break up a quarrel between several young men in a party in Kuluhun this weekend leaving three people dead on the spot and five others injured.

In a press conference held in Kuluhun, Dili, on Monday, the Spokesperson of the victims, Georgina Da Silva said it was not an accident; the incident had been planned before.

“Two young men were argued during the party and there was already an old man named Joanico Batista Carvalho there who had talked to these two young men, then suddenly there were gunshots, the police officer with initial PQ (the party host, red) and JM, PQ’s colleague, were the ones that opened the fire.

These two police officers had been seen threatening young people in the area, details will be revealed in court trial by eyewitness,” she said.

She added these police officers were not on duty because they were at the party in civilians’ clothes, but carried guns, therefore, government and police command’s decision to allow police officers to carry their weapons home was regrettable and unacceptable.

She called on the government and police command to take care of the deceased victims’ wives and children including injured victims in the incident.

Meanwhile, President of the Republic, Francisco Guterres Lu-Olo condemned the fatal police shooting, saying the case should be investigated thoroughly and the suspects should be taken to court to hold them accountable.

“The incident has made us sad. But I can say these police officers have acted outside of the law, they were not on duty and went to a party carrying weapons and shot people, therefore, it should be taken to court to hold them accountable,” Lu-Olo told reporters in Cathedral Dili on Monday (19/11).

Pekerja sektor publik NSW diberikan 10 hari cuti kekerasan dalam rumah tangga

PERINGATAN Terjemahan ini dilakukan mesin. Ma'af ada kesalahan terjemahan. Sumber asli

Karyawan sektor publik NSW, termasuk guru, perawat dan polisi, akan dapat mengambil hingga 10 hari cuti kekerasan dalam rumah tangga mulai tahun depan. Menteri Pencegahan Kekerasan Dalam Rumah Tangga Pru Goward, yang mengumumkan kebijakan tersebut pada hari Kamis, mengatakan bahwa cuti tersebut adalah "respons yang pas dan tepat" terhadap kekerasan dalam rumah tangga dan akan memungkinkan para korban untuk "melanjutkan hidup mereka".


"Ini adalah 10 hari cuti berbayar yang akan memungkinkan orang-orang yang melarikan diri dari kekerasan domestik untuk menghadiri pengadilan, untuk naik ke pengadilan tanpa takut kehilangan pendapatan, untuk dapat menegosiasikan perumahan baru, sekolah baru untuk anak-anak mereka," kata Menteri. Ms Goward mengatakan hak cuti akan berlaku untuk semua pekerja di sektor publik NSW, dengan kebijakan yang mulai berlaku pada tanggal 1 Januari 2019.


"Ini berarti untuk pertama kalinya itu akan mencakup guru, polisi dan perawat yang umumnya tidak dianggap berada di dalam pengaturan Undang-Undang Layanan Umum," katanya. Karyawan sektor publik NSW yang mengalami kekerasan domestik saat ini terbatas pada lima hari "cuti khusus" setiap tahun, yang hanya dapat diakses setelah semua hak cuti lainnya habis.

Ms Goward mengatakan biaya kebijakan akan ditentukan oleh serapan cuti, tetapi data yang ada menunjukkan itu akan menjadi "biaya sederhana" untuk diserap oleh departemen pemerintah.

"Apa yang kami ketahui sudah lebih dari satu persen cenderung menggunakan cuti semacam ini di mana yang sudah disediakan, dan jumlah rata-rata cuti yang mereka ambil adalah dua setengah hari," kata Ms Goward.

Sejumlah negara lain telah memperkenalkan bentuk cuti kekerasan dalam rumah tangga berbayar, termasuk Victoria, yang menawarkan pekerja sektor publik 20 hari.

Oposisi Tenaga Kerja NSW memperkenalkan RUU ke Parlemen NSW bulan lalu yang mengusulkan melembagakan 10 hari perlindungan dalam rumah tangga kepada karyawan sektor swasta dan publik, setelah berkomitmen pada kebijakan tersebut pada bulan Desember 2017.

Di bawah Undang-Undang Pekerjaan Adil federal, negara-negara memiliki kekuasaan untuk membuat undang-undang hak cuti bagi korban kejahatan, termasuk kekerasan domestik.

Namun Ms Goward mengatakan bahwa pemerintah NSW telah "tidak memiliki yurisdiksi" atas karyawan sektor swasta karena negara-negara telah merujuk kekuatan hubungan industrial mereka ke Persemakmuran.

"Setiap saran yang kami di NSW dapat undang-undang untuk memberikan cuti kekerasan dalam rumah tangga yang dibayar untuk karyawan sektor swasta adalah salah," kata Ms Goward.

Saat ini ada tagihan sebelum Parlemen Federal untuk memberikan hak kepada lima hari keluarga yang tidak dibayar dan kekerasan dalam rumah tangga diserahkan kepada semua karyawan di bawah Undang-undang Pekerjaan yang Adil.

Ms Goward mengatakan pemerintah telah menerima saran bahwa RUU ini, jika disahkan, "akan mengesampingkan ketentuan yang kami buat di NSW di bawah Undang-Undang kami."

RUU federal memperpanjang keputusan Komisi Pekerjaan yang Adil pada bulan Juli, yang menetapkan bahwa semua karyawan, termasuk mereka yang berada di sektor swasta, harus memiliki akses ke lima hari cuti yang belum dibayar untuk menangani keluarga dan kekerasan domestik.

Semua penghargaan industri dan pekerjaan - tetapi tidak yang dicakup oleh penghargaan perusahaan atau penghargaan sektor publik referensi negara - sekarang termasuk klausa baru yang memberi hak kepada karyawan untuk lima hari cuti kekerasan dalam rumah tangga yang belum dibayar.

https://www.smh.com.au/politics/nsw/nsw-public-sector-workers-granted-10-days-paid-domestic-violence-leave-20181115-p50g5l.html

22 November 2018

Police murder three citizens as East Timor enters new crisis

Police command detains four police officers regarding Kulu-Hun deadly shooting TVTL, November 17, 2018 Language source: Tetun

Commando of the Timorese National Police (PNTL) had detained two police officers, who were suspected of shooting dead three young people. The command also detained two other police officers, who were believed to participate in one year funeral ceremony feast where the incident took place.

During the visit of PNTL Commander, Commissioner Police Julio da Costa Hornay to the victims’ families in Kulu-Hun, said that the PNTL Commando had handed this case to the court to process it lawfully. During his visit to victims’ families, Commissioner Police Hornay called on the victims’ families to remain calm and contribute to peace and stability while waiting for the legal process for this murder case. “... I have to focus on how to take action against this case because response out of law and order is breaching Commando’s will or order.

Therefore I apologise the families that may expect my presence here yesterday, but I could not make it,” Commissioner Police Hornay said. He said that the PNTL Commando took serious action against the police officers, especially two police officers that were suspected of engaging in murdering three young people in Kulu-Hun, Dili early morning on Sunday.

Fretilin condemns police officers that killed civilians TVTL, November 17, 2018 Language source: Tetun

Parliamentarians from Fretilin Bench condemned act of police officers, who shot dead three young people in Kulu-Hun, Dili. Fretilin also called on Prime Minister Taur Matan Ruak to nominate new Minister Interior in order for him/her to administer well security institution. “Fretilin Bench calls for the competent institution to investigate this murder case.

From this incident, it is important for the competent party to do a reform into security and defence institutions in order to avoid this kind of brutality in the future,” Fretilin spokesperson said in a press conference. Fretilin also extend their profound condolence to the loss of families and hooping those victims in the ICU can have a good recovery soon.

Victims’ families called on the PNTL to control its members TVTL, November 17, 2018 Language source: Tetun 

During the visit of the Timorese National Police (PNTL) Commando, Commissioner Police Julio da Costa Hornay, victims families in Kulu-Hun had called on the main leader of PNTL to better control its members, who carry weapons. They said that that police Commando should take serious action to control its members not to use guns or pistil to kill and wound civilians. “The [police] member, who is psychologically ill yet the Commando still let this officer to carry pistol.

When he was here he drunk a lot of whisky. This kind of attitude is not supposed to happen,” Victims’s family said. Another family member of the victims questioned that why police member or officer carry weapon freely even they were out of duty. She added that this kind of brutalism was not the first one, yet it had happened to another families or victims as well therefore the competent institution and the government had to take serious action about this case.

President Lu-Olo condemns act of police killing civilians GMNTV, November 17, 2018 Language source: Tetun

President of Republic Francisco Guterres “Lu-Olo” condemned act of police officers who were believed to kill three young men in KuluHun

on Sunday early morning. President Lu-Olo said that the act of the police killing civilians breach the lwa and order; therefore the case should be processed legally. “Kulu-Hun case is a case that makes us sad and I can say that those police who response to the case was out of order because they were out of duty, yet bring pistol while going to party and killed people. Now we have to let it be
processed legally and the court will determine how serious the crime they had committed. The court will make decision about this case.

I will also talk with PNTL Commander and competent Minister,” President Lu-Olo said. The Kulu-Hun incident had left three young people dead while five others injured seriously.

PM Ruak calls for profound investigation into police deadly shooting Independente, November 20, 2018 Language source: Tetun

Prime Minister Taur Matan Ruak has urged the Ministry of Interior and the Timorese National Police (PNTL) Command to profoundly investigate a police deadly shooting this weekend in Kuluhun, Dili. Ruak directly oriented Acting Minister of Interior, Filomeno Paixão to profoundly investigate those police officers who involved in the fatal shooting which left three people died in place and five others
severely injured. Minister Paixão said there were four police officers who were suspected of involving in the case and they all had been detained to wait for further legal proceedings. “Let’s wait for all the legal process and based on that we will make a decision,” Paixão told reporters at Government Palace yesterday.

Meanwhile, the Chairman of 12 of November Massacre, Gregorio Saldanha called on PNTL General Commander, Julio Hornai to step down from his post as he had failed to control its members and the use of guns in the institution resulting in reckless shooting leaving civilians as victims. Echoing Saldanha’s words, Timor-Leste’s NGO Forum (FONGTIL) also called for reformation in PNTL Command, saying Kuluhun deadly shooting was a result of leadership inability to control its members and the use of guns. “The incident happened because of leadership failure in terms of controlling the use of guns by its members,” FONGTIL Director Daniel Dos Santos said.

Two victims of Kuluhun deadly shooting discharged from hospital Independente, November 20, 2018 Language source: Tetun

Two injured victims of Kuluhun deadly police shooting have been discharged from National Hospital of Guido Valadares (HNGV) on Monday. The deadly police shooting in party in Kuluhun this weekend has left three people died in place and injured five others. HNGV Director, Aniceto Barreto said two of the injured victims had been discharged from hospital two, one still in Intensive Care Unit after surgery and two others still admitted in the hospital.

“The injured victims of deadly shooting had gotten surgeries, two of them have been discharged and three others are still getting treatment in the hospital and one of them is still in Intensive Care Unit,” Barreto told reporters on Monday (19/11). Regarding the deadly massive police shooting, the Timorese National Police (PNTL) Command had detained four police officers with initial JPA, FMS, AJ and AT. “Besides JPA and FMS as main suspects, we have also detained AJ and AT because the two of them were also suspected of attending the party carrying their guns,” PNTL Commander, Julio Hornai said.
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