Considering recent Presidential Decree No.52/2008 of 19 May 2008 on Presidential Clemencies we the petitioners invite you to think about the following issues:
Considering that the rule of law presupposes clear rules and requires the observation of due process;
Considering all Presidential acts or of sovereign organs should be inspired and observe the publics interest;
Considering the history of suffering of the people, all acts of the sovereign organs specifically the President of the Republics should respect the repercussions of the memory of this history;
Considering that this presidential clemency nurtures the seed of impunity;
Considering that the People of East Timor outlined in the CAVR – Chega Report their aspiration for justice, respect of human rights, concept of reconciliation, freedom, democracy, peace and wellbeing which embraces the perspectives of the past, the present and the future;
Considering the recent experience of 2006 violence, requires that all decisions made by governing officials are inspired by the responsibility to ensure security and peace for the people, the promotion of democracy and the rule of law;
For this reason, we are inviting all national and international NGO’s to think about the meaning of the clemencies according to the reason that made your institution devote your efforts in the peoples struggle for independence. We attach the petitions to the Court of Appeal and Provedor of Human Rights and Justice (Ombudsman) for your reference. [ see http://www.etan.org/et2008/6june/29/27-11tcitz.htm for links to documents ]
In respect of the memory, the victims and the process to construct and consolidate democracy in East Timor we look forward to your support in our initiative to request the court to review the constitutionality of Presidential Decree of 19 May 2008 based on the following grounds:
Presidential Decree No. 53/2008 of 19 May 2008 is invalid for failure to comply with the requirements of RDTL Constitution section 85 (i).
Presidential Decree No. 53/2008 of 19 May 2008 is invalid for failure to comply with due process in particular, the sources of a due process requirement, the rule of law and respect for the fundamental rights of individuals, the doctrine of the separation of powers and the content of the due process requirement.
Presidential Decree No. 53/2008 of 19 May 2008 is invalid for violating the principle of separations of powers by infringing on the exclusive powers of the Parliament.
Presidential Decree No. 53/2008 of 19 May 2008 is tainted by a conflict of interest.
Presidential Decree No. 53/2008 of 19 May 2008 violates section 160 of the Constitution.
Presidential Decree No. 53/2008 of 19 May 2008 violates fundamental rights and rules of international law enshrined in the Constitution in particular, international law and clemencies for crimes against humanity and international law and clemencies for crimes against humanity.
For the reasons set out above the petitioners request the Court of Appeal to declare the Presidential Decree No. 53/2008 of 19 May 2008 contrary to the Constitution and either;a) declare the decree void ab initio and without effect or
b) quash the decree.
Friend of Timor Leste, being legal is not enough. It must be ethically and morally acceptable in a historical perspective considering our responsibilities for the next generation.
Thank you for your support. Names of Petitioners: Fernanda Mesquita Borges, Jose Luis de Oliveira, Padre Jose Filipe de Jesus Pereira de Araujo, Padre Angelo Salsinha Trindade, Jose Amaral, Maria Afonso de Jesus, Edio Saldanha Borges, Sisto dos Santos, Maria Manuela Leong Pereira, Higinio Positano Zamor E Silva, Luis de Oliveira Sampaio.
Fernanda Borges Spokesperson for Petitioners Mobile: + 670 733 07 44 Email: email@example.comDili, 30 June 2008
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