30 August 2008

Legal News National Media Reports 29 August 2008

Ainaro police recalls illegal weapons - Televisaun Timor-Leste, 30 August
Police of southern district of Ainaro has recalled about 100 illegal weapons, such as home-made weapons like Ambon arrows, ammunitions and others. Ainaro District Police Commander, Calisto Gonzaga said residents in Ainaro voluntarily handed over the weapons to the police force during the month of August. The commander said operation of recalling the illegal weapons would be continued until the deadline set by the Government had come to end. He added the police in Ainaro was currently facing shortcomings of transport to help support them in doing their tasks.

Difficult to Reform PNTL's Mentality, says former PM - Suara TimorLorosa'e, 29 August 2008
East Timor's former Prime Minister Estanislau Aleixo da Silva saidThursday (29/8) that though the AMP government was trying its best to reform the East Timor National Police (PNTL) as law enforcement institution of the country the reform itself was not an easy task to do. "To reform the mentality of the PNTL is not an easy task and I think the PNTL members who get involved in certain cases have to be investigated, not just making public relations", da Silva said.

He said he does not agree with the mere public announcement about PNTL without proper independent investigation in order to know who should be held accountable in the tribunal. Da Silva added there were a lot of irregularities found within the institution of the PNTL and that these irregularities would reduce thelevel of people's confidence in the PNTL. The former Prime Minister made the suggestion that one way of tackling these irregularities was to dissolve the Task Force as this unit was believed to be involved in these irregularities and other related problems of the institution.

Australian Forensic Team has no right to publicize investigative findings, says AMP's da Costa - Timor Post, 29 August
National Congress for Timorese Reconstruction (CNRT) MP Aderito Hugoda Costa said the Australian Forensic Team had no right to publicise investigative findings on the shooting dead of rebel leader AlfredoReinado Alves and his follower, Leopoldino da Costa on February 11. Da Costa said only the country&'s Public Prosecution had the right and had legal power to publicize the findings of investigation on the incident of February 11. Da Costa was referring to the result of autopsy by the Australian Forensic which was publicised by international media outlet called the Australian, saying Reinado and his man were shot at close range. He added the Australian Forensic Team had damage the country's credibility, because publication on the autopsy should not be done by the team that worked for laboratory.

UN disagrees on setting up international investigative commission, saysCNRT MP - Timor Post, 29 August 2008
Following the ongoing polemics on the approved resolution of settingan international investigative commission into the attempted assassination of President Horta, National Congress for Timorese Reconstruction (CNRT) MP Aderito Hugo da Costa, said the Government wanted to implement it, but the UN disagreed with the resolution made. Da Costa said the UN disagreed with the resolution, because it did not fully give power to the international investigators in doing the investigation and making recommendations.

"In the approved resolution, some of its article saying theGovernment can set up the commission, yet the investigators have no right to make recommendations," Da Costa said. Da Costa added the Government had tried to approach the United Nations Integrated Mission in Timor-Leste (UNMIT), however there was no agreement reached, because the resolution closed the door for the UN to makerecommendation.

Local youths to hand in their home-made weapons - Timor Post,29 August 2008
Bairo Pite's village head of the Don Aleixo sub-district in Dili, Jo daCosta Belo informed Thursday (28/8) that in the near future he would work together with other local and community leaders to organize youths tohand in their traditional home-made weapons to security and law enforcement officers. "Now we have a program to initiate meetings with the police to discuss how to coordinate with youth and sub-village heads to hand in illegal weapons", said da Costa Belo. He added as a village he will organize all local youth to contribute tothe collection of illegal weapons in order to restore peace in the Bairo Pite village.

Police officers to be certificated in training - Radio Timor-Leste, 29 August
About 100 of Timorese Police (PNTL) officers have been certificated after successfully participated in training provided by the UN police at the Police College Training centre. The participants were from different police units and were focused on how to respond conflicts, tactics and corruption handling. Police Commander, Inspector Mateus Fernandes said the country's police had showed their good performance and strong professionalism in responding situation in the capital Dili. Fernandes said the country's police officers were still lacking skills, but had showed their patriotism within the community.

High Level Meeting between TL - Indonesia to be held in Dili to follow upTFC Recommendations; Radio Timor-Leste, 29 August 2008
East Timor hosted a two-day meeting in the compound of ForeignMinistry and Cooperation in Dili between Indonesian andTimor-Leste's senior officials to discuss about the follow up of the Truth and Friendship Committee (TFC). The Director for Regional Integration Roberto Soares said Friday (29/8)the meeting had indeed touched some recommendations of theTFC.

However, other bilateral issues such as such as the issuance of student visas, visa-on-arrival, and medical assistance to the victims of war were highlighted in the meeting. Mr. Soares added the meeting was above all to keep cementing the relationship between the two neighboring countries.

His Indonesian counterpart, Reslan Ishar Jeny, the Director forMultilateral Affairs said they also discussed how Indonesia could help security sector reform in Timor-Leste. Asked about the state responsibility as part of following up the recommendations of the TFC, Mr. Jeny said both countries committed to establishing good relationship and therefore problems of the past should not color the endeavor of strengthening good relationship.

NZ to support Timor-Leste in community policing, says Foreign Minister Da Costa - Radio Timor-Leste, 29 August
Minister for Foreign Affairs and Cooperation, Zacarias da Costa, said the Government of New Zealand would help support the country in the community policing. The minister said NZ wanted to support Timorese police with the system being applied in that country. "In the field of security, PrimeMinister Gusm and his counterpart talked on the NZ's support for the country in community policing how the Timorese police could work closelyto their people," Da Costa said. NZ has also pledged to provide scholarship for the country in the field of defense and is ready send more its soldiers to be deployed in the country.

President Horta urges Government to give sanction to businessmen - Televisaun Timor-Leste, 29
President Jose Ramos Horta has urged the Government to impose sanctions to businessmen that continued increasing good prices in the market. The president said the Government had reduced tax price, so that the businessmen could reduce prices in the market, yet were still hike, therefore the Government should be suing those who keep increasing the price. Horta said the prices which were still staying in high in the country had a severe impact on the people's lives to buy basic needs. Observations made by the TV's journalists that the prices of basic goods in the markets are still increasing.

UN urges Timor's Police to be professional - RTTL 29 August 2008
The United Nations Mission in East Timor (UNMIT) had urged the East Timor's National Police to be professional in serving the country and its people.

Killers of Lobato's relatives deserve 100 years in prison, says Ramos Horta - Radio Televisaun Timor Leste , 29 August 2008
East Timor's President Jose Manuel Ramos Horta stated the killers of Rogerio Lobato's relatives deserve to get 100 years in prison.

29 August 2008

Timor leader says NZ troops won't be needed for long

Radio New Zealand 29 August 2008 East Timor's prime minister says he hopes over the next year New Zealand troops will no longer be needed to maintain law and order. Read the full article...

UNMIT: The weapons collection campaign will conclude 31 August

United Nations Integrated Mission in East Timor: The weapons collection campaign will conclude 31 August

Baucau, 22 August – As part of the Government’s ongoing weapons collection campaign, citizens in Buibau Village, Baucau Sub-district surrendered quantities of old ammunition and military equipment to representatives of the F-FDTL and PNTL on 9 August.

Among the items handed in were 2,288 ball rounds from a variety of mixed weapon types and one Kenwood hand-held radio set.

Officials at the hand over ceremony commended the local population for the surrender to the competent authorities and said it was a great example that should be followed by all other villages.

The weapons collection campaign will conclude 31 August.

East Timor Directory - Discover enigmatic East Timor online with East Timor Directory

28 August 2008

Women's Organization urges Parliament to speed up abortion law

Televizaun Timor-Leste, 27 August - East Timor's Popular Women's Organization (OPMT) urged the National Parliament Wednesday (27/8) to speed up the abortion law to save women's lives and to prevent criminalization of abortion practices in the country.

The urge is made by women's representatives from all 13 districts during a one-day seminar to commemorate the 33rd anniversary of the women's organization. OPMT's Secretary General, Melita Alves, said the criminalization of abortion in the country seriously affects women's lives though in fact there was no legal framework for such acts.

OMPT, as Fretilin's women's organization, was established on 1975 to fight for the emancipation of Timorese women.

Post sponsored by East Timor Women - Raising awareness of the plight of women in East Timor.

Legal News Summaries 28 August 2008

President Horta proposes international investigators - Radio Televisaun Timor Leste , 28 August 2008
President Jose Ramos Horta has proposed an international investigative team to hold an investigation into the murder of former interior minister Rogerio Lobato's family members during the country's recent crisis.

The President said if the country's prosecutor general had no otherway to proceed, he would ask international investigators to follow up the case. Horta said he would contact the United State's FBI, Australia, Indonesia, Portugal and Malaysia to help process the case. However, Horta also gave an opportunity to the general prosecutor and police to follow up this case before contacting the internationals.

Martial Arts Groups say "Yes To Peace!" - Radio Televisaun Timor Leste , 28 August 2008
Two influential martial arts group in East Timor, 7-7 and PSHT, made a peace pact on Wednesday (28/8), ending long-standing conflict among the members.

The peace pact was made during a joint press conference where representatives of each martial arts organization made clear commitment to end violence and to accelerate the development of the country.

In addition, Pedro Aparicio, representing PSHT, and Sanamia of 7-7 pledged not to be used as political instrument by politicians to pursue their own political interests. The martial arts groups also apologized for their past wrongdoings committed by their members, notably during 2006 political crisis.

By saying "Yes, to Peace!" the groups promised to restrain themselves from violence in order to restore stability in the country. The peace pact of these long-standing arch-rivals was mediated by Dili's HAK Foundation.

Government officials should stay away from corruption, says Deputy PM - Radio Televisaun Timor Leste , 28 August 2008
Deputy Prime Minister Jose Luis Guterres has called on the country's Government officials to stay away from corruption within the state institutions. Guterres made the comments during a meeting for executing the state budget of 2008 and proposed state budget of 2008 at the Office of the Foreign Ministry today (27/8).

"People who are working at the state institutions should be professional and dedicated in doing their tasks," Guterres said. He called on all the functionaries to contribute to the country by giving information about matters that could damage the country's image.

Lasama Urges Govt to act on the Parliament’s ResolutionTimor Post - 28 August 2008
President of the Parliament Fernando 'Lasama' de Araujo has urged Xanana's Government to follow up the Parliament's decision about setting up an international investigative commission into the events of 11 February 2008.

Procurement is not place for corruption, collusion and nepotism, says Soares - Suara Timor Loro Sa'e , 28 August 2008
Director for Procurement, Francisco “Burlaku” Soares, has denied allegation of corruption, collusion and nepotism within the Department of Procurement, because procurement is not a place for corruption, collusion and nepotism practices.

LDP stops cooperating with CNE - Radio Televisaun Timor Leste , 28 August 2008
Timorese Democratic Progressive League known as LDP has decided to not cooperate anymore with Timorese Electoral Commission (CNE) until the next general elections to be held in 2012.

Spokesperson for LDP, Nelson Correia said they made such decision, because CNE only provided budget for the political parties that had seats in the Parliament. Meanwhile, spokesperson for CNE, Martinho Gusmao, said the decision madeby LDP was reasonable, although they had no seats in the Parliament, yet still following the process. Gusmao added if LDP wanted to halt its relations with CNE that was fine, because the law had specifically defined it.

Post sponsored by East Timor Law Journal - Towards the rule of law in Timor-Leste!

Australian army role in East Timor could soon be over

Ben Doherty and Daniel Flitton 28 August 2008

AUSTRALIA'S 750-strong troop commitment to East Timor could be over by the end of next year, as security in the nation steadily improves, the East Timorese Prime Minister, Xanana Gusmao, said yesterday. Mr Gusmao told the Herald yesterday the brittle security climate in his country had improved after shock attacks on himself and the President, Jose Ramos-Horta, earlier this year. Read more...

27 August 2008

PM Gusmao foreshadows constitutional reform in East Timor

In an interview with AFP in Sydney, Australia, this week, East Timorese Prime Minister Xanana Gusmao has foreshadowed constitutional reform and strong anti-corruption laws in the grief-stricken nation.

Gusmao also admitted that, while he believed that East Timor was becoming a non-violent, tolerant society and hoped it would have a bright, democratic future, corruption, weaknesses in the legal system and the unrest of the past few years had proved major hurdles.

In relation to the disintegration of law and order in 2006 when fractures within the military and between the police and the military erupted into violence that peaked with the massacre of 9 police officers in front of the Justice Ministery in Dili, Gusmao said that he did not believe that further problems would emerge with the East Timor Defence Force.

"We are making progress in the reform process. The government's priority this year was legal reform and although there may be a need for minor changes to the constitution in due course, he did not foresee sweeping changes.

"It needs to be revised, but not major changes," he said.

Amendments to the penal code had also been implemented.

Highlighting corruption as a particular problem, Gusmao said a new anti-corruption law would be passed this year and a new anti-corruption commission established. "We had a very bad level of corruption," he said. Read the full report...

Ex-army admits: Conspiracy Xanana Gusmao and Mahidin Simbolon

Dark side of President of East Timor

Hukum dan Politik, Gatra Nomor 42, beredar Jumat, 7 September 2004

Jakarta, 6 September 2004 14:45

There was a commotion in the editor's office this morning with the presence of a man with the initials JM . The man who admits to being ex-army of the Satu Kompi Brawijaya Division and appeared keen to admit that, due to feelings of frustration and stress, ongoing for years, he could no longer keep quiet about the connection with the involvement of the military operation ABRI/POLRI (TNI/POLRI-red) in East Timor from the year 1994 to the end of 1996.

The journalists of this magazine were confused by this gentleman. However, after several minutes the ex member of ABRI started to explain to the GATRA correspondent about several involvements in the killing operation of several important figures of the pro freedom movement of East Timor which ran from 1994 to 1996.

Here the magazine correspondent was not very surprised with the information, as it was already an open secret that in the mid 90s the war in East Timor was being stoked by ABRI/POLRI (TNI/POLRI-red) on several of the East Timor guerrilla defence basis or as they are better known by their ABRI term, GPK-Fretilin.

However, the story became very different and surprising when ex-sergeant JM (who has to keep his name secret for the safety of his family) explained all the ABRI operational documents to do with the Front Clandestin and East Timor Armed Force.

The main target of the operation was the leader of the Front Clandestin organisation who at that time was led by his commander Keri Laran Sabalae. One thing which was very interesting and also sensational was the dilemma of the military operation which was directly under the command of Colonel Mahidin Simbolon (Simbolon's rank at the time) with the cooperation with Xanana Gusmao, the "resistance leader" of East Timor, who was incarcerated in LP Cipinang Jakarta.

Ex-sergeant JM said that he himself was present at the meeting between Colonel M. Simbolon which was conducted in a room of the Lembaga Permasyarakatan Cipinang in Jakarta.

The basis of the meeting was the desire and the readiness of Xanana Gusmao to "centralise" radical groups into an East Timorese resistance organisation body which, according to Xanana, could threaten the efforts of the "quiet resistance" and reconciliation with diverse East Timor political groups who were being hurried along to unify the people of East Timor.

Because of this, Xanana Gusmao was ready to work together with Col. M Simbolon to annihilate the radical groups of "GPK Fretilin" which among others consisted of several commandants of the Fretilin movement and its followers with names Rodak Timur, Keri Laran Sabalae, David Alex, Konis Santana and Eli Fohorai Boot.

These names were inserted very clearly in a military operation document appendix 1994-1996 which was unfolded by ex-sergeant JM. The core of the "cooperation" between Xanana's camp and M. Simbolon was the principle of mutualism: Simbolon could achieve success in his military career and Xanana would even become more flexible in controlling the resistance movement which he commanded from LP Cipinang.

It seems clear indeed that the president of the new East Timor was very cunning in maintaining the importance of his group by exterminating his own commanders, who were deemed disloyal to him or even if loyal, according to Xanana they over- prioritised the "violent path" to reach national goals.

Seen from the documents and the various photographs in the possession of JM, it is very difficult to doubt the origin of this story. This is the hidden version and the dark side of the "charisma" of Xanana who was so exalted by his own people. Working with the "enemy" to annihilate his own people.

Ex-sergeant JM himself says the burden he has carried for this time has become lighter with his admittance. He regrets deeply why the East Timorese president was so sly in order to victimise part of the members of his people for the importance of his political strategy.

Concerning Major General Simbolon, Serka (sergeant major), JM makes the appeal that the TNI/POLRI headquarters immediately investigate this case.

Because the nature of the military operation at that time secrecy from the unit which was led by Col. M. Simbolon. ABRI headquarters only obtained the military operation appendix copy after the defeat of several "GPK Fretilin". "

Because of this, Major General Purnawirawan Mahidin Simbolon must be immediately investigated remembering that 'the stars on his shoulders' of the general is the result of conspiracy with the enemy of the Republic of Indonesia at that time," adds ex sergeant JM. [IY, GAT]Imung Yuniardi (Semarang)

Police conduct operation against illegal gambling in Dili

Radio Timor Leste 26 August 2008 - Police conducted an operation against illegal gambling in different parts of the East Timorese capital, Dili. During the operation, the police seized some facilities related to the illegal gambling, such as coupons for a kind of gambling known as SDSB, an amount of money and a table for "bola guling".

Dili District Police Commander, Inspector Pedro Belo, said that during the operation the police were unable to detain those who engaged in the gambling, as they all escaped when the police arrived. The commander said the police had secured the evidence seized to be used for legal purposes and said they had investigated the case and had officially handed over the case to the Pubic Prosecution for further legal charges.

Police call on residents to hand over illegal weapons

Radio Televisaun Timor Leste, 26 August - Dili District Police Commander, Inspector Pedro Belo has called on all residents in the capital Dili to hand over illegal weapons which are still at large within the community to the security forces.

The commander said if the residents did not want to hand over the illegal weapons they were hiding, the police would arrest them if the deadline set by the country's authorities had passed.

Belo said in supporting the recall of all the illegal weapons in the capital, that the police had coordinated with the Dili district administrator and village chiefs to contact residents to hand over the weapons they were carrying.

Belo also denied an allegation that his police officers were suspected of being backed and involved in the illegal gambling. "If any of the police officers are found guilty in backing the illegal gambling, they should be sanctioned," Belo said.

Legal News 27 August 2008

Prosecutor General meets with President Horta - Radio Televisaun Timor Leste , 27 August 2008
Prosecutor General Longinhos Monteiro has met with President Jose Ramos Horta today (26/8), to discuss developments in the investigation into the attempted assassination of President Horta and the ambush of Prime Minister Xanana Gusmao on February 11.

AMP Government afraid of setting up investigative commission - Timor Post , 27 August 2008
Former Prime Minister Mari Alkatiri ,who is also Fretilin current secretary general, said the Parliamentary Majority Alliance (AMP) Government did not want to set up the proposed international investigative commission because they were afraid of the commission's report findings.

Alkatiri said the international investigative commission was important to investigate the assassination attempt to President Horta on February 11 and said the Parliament had approved the resolution of setting the commission, but was yet to implement. Alkatiri said if the Government would not implement the resolution, people would not believe the result of the ongoing investigation being held by the Prosecutor's Office, therefore the international investigative commission was important to be established to help support. He added the Government did not abide by the approved resolution and that had showed the Government's arrogance.

House construction project for veterans does not continue - Timor Newsline , 27 August 2008
Spokesperson for LUTA-HAMTUK NGO, Jose da Costa, said house construction for Timorese veterans in the eastern district of Vikeke had not been continued for about nine months without any reason fromUnipesoal Company.

Da Costa said the veterans and residents in Vikeke were concerned about condition of the houses constructed, as they were too narrow and were improper for the veterans to live in. LUTA-HAMUTUK called on the Government, mainly the state secretary for veterans to explain about this matter and urged him to consult first the local authorities and the veterans before the construction started. LUTA-HAMTUK also recommended the state secretary to seriously look at this problem and urged him to call on the company.

Residents continue handing over illegal weapons - Timor Post , 27 August 2008
Residents in the Capital Dili’s suburbs, such as Vilaverde and Comoro, continued handing over illegal weapons including ambon arrows, knives and other home-made weapons to the security forces.

Dili district Police Commander, Inspector Pedro Belo, said the residents handed over those illegal weapons to contribute to the peace and stability in the country. The commander said the police team was in coordination with Dili district administrator and village chiefs to contact the residents on the recall of the weapons. He added that police intelligence had identified places where weapons are believed to be hidden and would keep recalling them.

Reinado's father urges the country's authorities to publicise investigative findings Timor Post , 27 August 2008
Former rebel leader Alfredo Reinado Alves’ father has urged the country's authorities to publicize the investigative findings of the attempted assassination to President Jose Ramos Horta and the death of his son on February 11.

Fretilin's peace rally is not power-thirsty, says the party bench leader- Diario Nacional, 27 August
Fretilin's bench leader in the National Parliament, Aniceto Guterres stated the party's peace rally in the near future was not power-thirsty motivated but just to normalise the country's current politicalsituation.

"Fretilin's peace rally is intended to renormalise the situation in the country; not because of ambition nor a thirst for power", Guterres told journalists Tuesday (26/8). He then said the peace rally was a legal and constitutional action and no one else could prohibit it as the country adopted the rule of law. "We don't need to threaten the AMP government. We, Fretilin, from the outset do not recognize the legitimacy of the incumbent government and the AMP has not developed the country but on the contrary had destroyed it", saidGuterres.

26 August 2008

Legal Reports East Timor National Media 26 August 2008

East Timor's Immigration Police and Dili's Task Force detain ten foreigners - Televizaun Timor Leste, 26 August
Immigration Department of the East Timor's National Police, incollaboration with Dili's Task Force had detained 10 foreign nationals due to violation of the immigration law. PNTL's head of public information, Moises Amaral, said the foreignerswere detained because they came in the country with tourist visas but infact they get involved in economic and employment activities. Three of the aliens are Indonesian and the rest are from China. Eight of these aliens are working in the Moon Bar while two of them areworking with Moris Foun drugstore. In the meantime, the foreigners are being detained at the Dili districtdetention center for investigation purposes.

CNRT and Fretilin urge Public Prosecution to charge recent crises master mind - Diario Nacional, 26 August
National Congress for Timorese Reconstruction (CNRT) and Fretilin MPs has urged the country's Public Prosecution to charge the master mind of the country's recent crises in 2006. MP Carmelita Moniz said the Parliamentary Majority Alliance (AMP) Government should have implemented the approved resolution for setting up international investigative commission. Moniz said the country needed a hand from the proposed international investigative commission to help support the Public Prosecution and some of international experts that were currently doing investigation into the case and said they could charge soon the suspects.

Fretilin MPs Chief, Francisco Miranda Branco said they urged the Government to implement soon the resolution and had questioned as well about minister for Foreign Affairs and Cooperation who had not conveyed the proposed investigative commission in the recent meeting of the UN Security Council.

Combating corruption should begin from the top: Mari Alkatiri - Diario Nacional, 26 August 2008
Fretilin secretary General Mari Alkatiri, said in combating corruptions within the country should begin from the top to bottom. Alkatiri said if the Government had identified corruptions and that should begin investigating the leaders, not only pointing the staffs, saying they engaged in corruption.

"If the Government recognizes that there is corruption, but the Government's fouls only appoints its staffs. If we want to talk about purchasing rice, not only a minister to sign it, but the prime minister should also sign it," Alkatiri said. He added the investigation into purchasing rice should start from signing the documents of purchasing the rice.

Procurement ready to be investigated, says Soares - Timor Post, 26 August 2008
Following the corruption allegation within the Procurement Department, Director for the Timorese Procurement, Francisco 'Borulako' Soares, said his department was ready to be investigated by the Human Rights and Justice Ombudsman (PDHJ).

"We are hoping that PDHJ can hold an in-depth investigation into the corruption allegation. If the PDHJ wants to take the investigative findings to the court, we are ready to respond," Soares said. Soares said he did trust that there would be no corruptions found in his department, because so far all process ought to follow the rules they had.

Government approaches UN for setting up investigative commission - Timor Post, 26 August
The Parliamentary Majority Alliance (AMP) Government has approached the United Nations to help support process of setting up an international investigative commission into the assassination attempt and an ambush to Prime Minister Xanana Gusmão on February 11.

National Congress for Timorese Reconstruction (CNRT) MP Carmelita Moniz said she did trust that the Government had made an approach to the UN and said she did not know the reason why the proposed investigative commission was yet to be set up.

Moniz also said the Parliament could not force to implement the resolution of setting up the international investigative commission, as the power was in the hands of the Government.

"The Parliament has given power to the Government to implement the resolution, but it depends the on the Government," Moniz said.

Timorese Border Police will not tolerate anyone who illegally crossing border - Televisaun Timor-Leste, 26 August 2008
The Timorese Border Police Unit has said they would not tolerate anyone who wants to illegally cross the border zone. In line with the border's security issue both Timorese Border Police Unit (BPU) and Indonesian Armed Forces (TNI) has held one-day-meeting, talking on problems being faced by the two sides in the terrain.

Both PBU and TNI soldiers also have questioned about illegal activities in the border and the border residents' livestock went missing. Timorese BPU Commander, Quintiliano "Neno" Soares said they would build a joint security post to be used for sharing information and resolving problem they might face in future.

Justice Ministry opens door for PDHJ's investigation - Diario Nacional, 25 August
Timorese Human Rights and Justice Ombudsman (PDHJ), Sebastiao Diaz Ximenes, said the PDHJ had commenced holding investigation into an allegation of corruption within the country's Justice Ministry, including the Ministry of Health.

"We have commenced investigating corruption allegation found in the Ministry of Justice and Health. The investigation was held last week," Ximenes said. He added they would publicize the investigative findings soon after the investigation had come to end.

Meanwhile, Minister for Justice, Lucia Lobato said she was not shocked with the ongoing investigation and said her ministry opened the door for the PDHJ's investigation.

Portuguese justice minister meets with Fretilin secretary general - Diario Nacional, 25 August 2008
Portuguese Justice Minister, Alberto da Costa has met with former Prime Minister Mari Alkatiri who is also current Fretilin secretary general, sharing ideas on Portugal's aid support for the country in the field of justice.

Minister Da Costa said it was important to get various opinions from all sides to strengthen the countries' bilateral cooperation which had been built when the former government was in power. Da Costa said other field needed to be strengthened was training for supporting legal practitioners in the field of justice. He added judicial system in Timor-Leste was necessarily to be supported and that the Portuguese jurists and lawyers would come to help.

Prime Ministerial Dispatch Ordering Disciplinary Procedures against East Timor National Police Officers

Translated from original in Portuguese


Dili, 18 August 2008


I agree with the conclusions reached by the Instructor of the ordered Investigation Procedure.

The facts reported are particularly serious as they occurred within the PNTL, an Institution that is required to promote and strengthen trust in the community in regard to the actions it performs.

In view of the need to study more closely the outlines of the financial management of the Joint Command Operation "Halibur", in the part that concerns the PNTL, I order that a disciplinary procedure be commenced on the following PNTL members:

a) Fatima Motu Mali, PNTL Sub-Inspector;
b) Fatima Mendonca, PNTL Sub-Inspector;
c) Antonio de Sa, PNTL Inspector, Commander of CSP;
d) Paulo Assis Eelo, PNTL Sub-Inspector, Deputy Commander of CSP;
e) Honorio Sarmento, PNTL Agent,Head of Logistics of CSP;
f) Agapito Monteiro, Head of Operations Division;
g) Tobias Saldanha, Head of Personne1 Division;
h) Patricio de Jesus, PNTL Sub-Inspector, Commander of Suai District;

The outcomes and conclusions of this investigation shall be part of the disciplinary procedure.

As it may be inappropriate for the members above to remain in their current roles, I determine as a temporary measure that they should be suspended for a period of 90 (ninety) days, being removed from service for that period and losing 1/6 (one sixth) of their base wages, in conformity with article 69 paragraph 1 clause c) and paragraphs 2, 6, 7 and 8 of Decree-Law no. 13/2004, of 16 June (Disciplinary Regulation of the National Police ofTimor-Leste).

I further order the removal of the right to bear and use weapons distributed to the persons named above, as well as the seizure of any documents or objects that have been used, or might continue to be used, in the practise of the alleged offences.

As the report alleges facts that might be in contravention of the penal framework, I order the complete and certified copy of the entire case to be sent to the Honourable Prosecutor General of the Republic for purposes of criminal proceedings.

In regard to the Instructor, it is requested that the Honourable Prosecutor General of the Republic appoint the same individual to undertake the investigation procedure. Should there be no impediment or constraint, this individual should be immediately appointed without the need for additional formalities.

Considering the complexity of the case, the Instructor has 45 (forty-five) days to complete it, starting from the date of notification of this dispatch.

Therefore, I inform the Honourable Secretary of State for Security of the contents of this dispatch for the purposes of coordination and execution.

Let it be done.

Prime Minister and Minister for Defense & Security
Kay Rala Xanana Gusmao

Leopoldino Mendonca Exposto Autopsy Report

The autopsy filed by Dr. Muhammad Nurul Islam into the death of Leopoldino Mendonca Exposto. The manner of death is "Homocide" caused by a gunshot injury to the head, supposedly entering through the back of the head and also fired at high-velocity from a close range. Read the report...

Major Alfredo Reinado Autopsy Report

The autopsy report for Alfredo Reinado conducted by Dr. Muhammad Nurul Islam of Hospital Nacional Guido Valadares, Departamento de Pathologia Forensica observed by agents from UNPOL, PNTL & UNDP. The manner of death specified is "Homicide" as a result of multiple gunshot wounds, including one inflicted from the front into the neck. All wounds declared to have been high-velocity & fired from a short distance. Read the report...

Major Alfredo Reinado (deceased)

Update on the ANF and Union Aid Abroad - APHEDA East Timor Nurses Appeal

03 July 2008 - In an important demonstration of solidarity with nurses in East Timor, ANF Federal Secretary Ged Kearney and ANF Tasmania branch Organiser Agnes Stanislaus-Large travelled to Dili at the end of June to distribute much-needed funds to nurses affected by the unrest in 2006.

Over the last two years, ANF members have generously donated over $150,000 to assist members of the East Timor Nurses' Association to rebuild houses that were damaged or destroyed in the unrest. The ANF worked together with Union Aid Abroad - APHEDA and the East Timor Nurses' Association to distribute the money to 130 nurses.

A formal ceremony was convened so that Ged Kearney could personally meet the nurses whose homes had been damaged or destroyed. "It was a humbling and emotional experience to meet the nurses who had continued to work through the unrest, caring for injured and sick people in the hospitals, all the while knowing that they had no home to go back to," Ged Kearney said. Many nurses and their families stayed in camps in the hospital grounds continuing to work long and difficult hours.

Bernardo Amaral do Rosario, one of the nurses who received the funds, would like to thank the ANF on behalf of all the nurses who received funds from the ANF, and says the money will help their families to rebuild their houses and to replace furniture that was destroyed. Bernardo says "I know that this is not the first time the ANF has collaborated with Union Aid Abroad - APHEDA to assist the East Timor Nurses' Association.

We are very proud of ANF members who show their solidarity with us through this funding. Even though we are across the water, they still pay full attention to us. I hope that our relationship will grow stronger, and once again I would like to thank very deeply the ANF and their members." Union Aid Abroad

Post sponsored by East Timor Women - Raising awareness of the plight of women in Timor-Leste.

Finally Going Home: Refugee Camps Closed in Timor Leste

25 August 2008 by Saul Salavador Asia Calling - Thousands of Internally displaced refugees in Timor Leste are finally going home. For the last two years, they have been living in makeshift tent camps.

Their homes were destroyed when the tiny nation descended into communal violence sparked by divisions in the military and police. Now the government is encouraging them home with a 4,500 US dollar grant.

The money is so they can restore or rebuild their homes that were burnt down during the crisis.

As Saul Salvador reports from Dilli some of the internal refugees complain it’s too little help too late. Read more...

East Timor Daily Media News 25 August 2008

Lu-Olo calls on veterans to hand over weapons - Suara Timor Lorosae, 25 August
Fretilin President Francisco "Lu-Olo" Guterres who was also the country's former resistance leader has called for all the country's veterans who were still hiding weapons to hand them over to the security forces.

"The weapons should be handed over, as we are not living in war. Better to follow President Horta's call, because the weapons cannot feed us," Lu-Olo said.

Lu-Olo said all people should now think about how could people to live in peace and remain calm.
Lu-Olo said Fretilin followers were not carrying weapons right now; all the weapons used by Fretilin's followers had been handed over after the country reached its independence.

The war had ended. I know that our followers have no weapons," Lu-Olo added.

PNTL and TNI discuss border security - Suara Timor Lorosae, 25 August
Border Police Unit and Indonesian Armed Forces (TNI) held a meeting in the border area, discussing on border security issues of the two countries. Border Police Commander, Quintiliano Soares said the meeting was aimed at discussing problems faced by the two countries' security forces over the past three months. Soares said the meeting focused on the actual problems appeared and security handling in the border zone by the two security forces. TNI's Major Krisna said they always communicated and coordinated with Timor's police border unit about doing patrol in the border zone, so that both sides could avoid misunderstanding in doing their tasks.

Lasama calls on F-FDTL and Police Commanders to sanction their officers - Suara Timor Lorosae, 25 August
Parliamentary President Fernando "Lasama" de Araujo has called on the Timorese Defense Force (F-FDTL) and National Police Command to sanction soldiers and officers who are suspected of being engaged in illegal gambling. Lasama was referring to both F-FDTL and PNTL officers who were suspected of being backed illegal gambling in the Capital Dili.

F-FDTL and PNTL soldier and officers are the law enforcers and that they should abide by the law. If any of them are found guilty, they should be sanctioned, Lasama said. An unnamed source said when the gambling went on people who played the gambling had a phone call from someone, asking them to close off quickly the gambling before policemen on patrol were arriving.

MP urges Government to halt monopoly in field of telecommunications - Timor Post, 25 August
National Congress for Timorese Reconstruction MP Arao Noe da Silva has called for the current Government to halt Timor Telecom Company's monopoly in the field of telecommunication in the country. da Silva said the Government should look at the agreement reached by the Timor Telecom Company with the former Fretilin government.

Government should also look at the contract provided for Timor Telecom and allowed other company to compete with them [Timor Telecom].

Democratic Party MP Gertrudes Moniz said the Government should review the agreement between Timor Telecom and former government before making decision; otherwise it could breach the agreement.

25 August 2008

Legal Reports East Timor National Media 25 August 2008

Horta calls for investigation - Radio Timor-Leste, 22 August
East Timor's President Jose Ramos Horta has called upon competent institutions of the state to launch further investigation into allegation of human right violation committed by the East Timor Defense Force and the National Police during their joint operation. Ramos Horta's call came after a report commissioned by the UNMIT's human rights Unit and the Office of the East Timor's Human Rights and Justice Ombudsman contained 58 allegations against the F-FDTL and PNTL.

Ramos Horta said he was seriously concerned about the allegation and that there ought to be a follow-up. The 1996 Nobel Peace Laureate also admitted that the allegations against F-FDTL and PNTL were serious though he believed that the allegations still lack proofs and that the human rights violations committed were not grave. According to Horta, both PNTL and F-FDTL have carried out their internal investigation into the allegations.

UNMIT's report positive, says Gusmao - Radio Timor-Leste, 22 August
East Timor's Prime Minister Xanana Gusmao, who is also the country's minister for defense and security said the release of the report on human right violation committed by his F-FDTL and PNTL as positive. The Prime Minister also said that the report of the UNMIT's Human Rights Unit and East Timor's Human Rights and Justice Ombudsman as a wake-up call to his government. The report calls on the government to investigate the allegation of human rights violation committed by the F-FDTL and PNTL's joint operation.

Eight suspended PNTL officers face criminal investigation, says Acting Police Commander - Radio Timor-Leste, 22 August
East Timor's Police Acting Commander, Inspector Afonso de Jesus said eight suspended PNTL officers who were suspected of being involved in the loss of $27,000 were now facing criminal investigation. He also commented that disciplinary measures were already taken against those involved, such as 90-day suspension from their posts and handing over of pistols and other equipments belonging to the institution. Afonso also said the PNTL had also secured documents that might be used as proofs in the investigation. He added the list of people involved might be added up as the result of the investigation reveals.

Defense force and police commanders discuss on national security law - Televisaun Timor-Leste, 22 August
Timorese Defense Force Office Chief, Filomeno Paixao said the defense force and police commanders had held a meeting today (22/8), discussing on the elaboration of the country's national security law. The commander said the national security law including internal security law and the national defense law. Paixao added after the elaboration, the law would be sent to the Council of Ministers to profoundly discuss it and then to be sent to the Parliament for approval.

Residents hand over illegal weapons and ammunitions to UN police and PNTL - Televisaun Timor Leste, 22 August
Nasuta residents of Liquica have voluntarily handed over illegal weapons, such as traditional and home-made weapons, telescopes and ammunitions to the UN and National Police. During the handing over of the referred weapons, Timorese resistance organization also voluntarily handed over some documents and ammunitions to the police. A resident, Natalino Soares said they wanted to hand over all these sharp things, because the country had reached its independence and people wanted to remain calm.

Administrator of Bazartete Sub District called on the residents to hand over all illegal weapons to the security forces, as it could be a threat for the people’s own lives.

Horta: Forensic Report of Alfredo’s shooting is untrue

Timor Post Tuesday, 19 August 2008

Dili – President Jose Ramos Horta strongly rejected the autopsy results for the body of the rebel’s ex-commander Alfredo Reinado Alves from Victorian of Forensic Medicine Australia.

As reported on the The Australian, Alfredo and his member Leopolino Exposto were shot at a very close range. Exposto was shot once in the back of the head and Alfredo was shot 4 times ( in the eye, neck, chest and hand).

“The gun shot wounds were black this shows that they were shot at a very close range, maybe be from only 2 feet,” said David Ranson from The Victorian of Forensic Medicine.

The head of Timor-Leste state, Jose Ramos Horta rejected the report, saying that this is an act of manipulation from the Australia Forensic and The Australian who want to further confuse the people of Timor-Leste.

Horta said, Alfredo was not silly to let himself be killed, if he (Alfredo) had known the position of the F-FDTL soldier, he would have not gone there. And it was impossible for him to give himself up and then been shot dead after. As a military man he would have never give himself up, but it was because he did not see the soldier at the post and he was shot.

“I don’t believe that the F-FDTL soldier arrived to arrest Alfredo then shot him after, which was impossible to have happen. Alfredo also did not want to die, but he was shot because he really did not see the F-FDTL soldier who was hiding at the post,” said Horta to Timor Post and STL, Monday night, after participating in the reception ceremony for the diplomatic bodies for the IR independence day, at the IR Embassy, Farol Dili.

Mean while, ex-prime minister Mari Alkatiri has call for an independent international team to intervene in the investigations of the shooting of the President Horta and Prime Minister Xanana Gusmao on the 11 February passed. Alkatiri is not surprised at that report, because he had doubts from the beginning of the facts of the event. That is why, Alkatiri has asked for an independent international team that can be under the UN. “ Without the involvement of America, Australia and Portugal, the nations that are not already operating in this nation” said the leader of opposition to the TEMPO Jakarta by phone.

The Secretary General for the major opposition party in the country, blames the Xanana Gusmao government for refusing this process. After all, he says, the National Parliament has agreed with Fretilin’s proposal to bring an international independent team to investigate the case. (sar )

East Timor army accused of abuse, death threats

ABC News 23/08/08 Judicial authorities in East Timor are investigating more than 40 allegations that armed forces have used violence, intimidation, and death threats against civilians. A United Nations report documents a litany of human rights abuses by local police and army officers in the course of their work. Read more...

Transcript of UNMIT Press Conference 21 August 2008

Transcript of UNMIT Press Conference21 August 2008, 10:30 hrs

UNMIT Headquarters, Obrigado Barracks, Dili, Timor-Leste

The following is a near-verbatim transcript of a press conference by The Deputy Provedor for Human Rights and Justice, Mr Silverio Pinto Baptista and the Chief of UNMIT’s Human Rights and Transitional Justice Section, Mr Louis Gentile.

Silverio Pinto Baptista: I would like to thank the UNMIT Human Rights and Transitional Justice Section for bringing to light the very important issues of human rights in Timor-Leste. There has been mixed reaction to the report and some people have claimed that the report contains misinformation. I would like to assure all of you that this reports reflects the real situation of human rights in Timor-Leste.

As you know, the work performed by those who work in the area of human rights is a challenge. You have public authorities who sometimes fail to comply with the law or the existing procedures and there are various actors who deal with human rights issues including the UNMIT Human Rights and Transitional Justice Section, the Office of the Provedor for Human Rights and the HAQ Association as well as the human rights network.

In relation to the most recent human rights development, the most important incident was the attempted attack on the President on 11 February and as result or the attack a stage of siege was declared throughout the country. Some people believe that it was a positive step to establish the state of siege, but as a consequence there were allegations of human rights abuses being committed by the PNTL and the F-FDTL operating together under the Joint Command.

Another human rights issue in Timor-Leste relates to the rights of victims as outlined in the CAVR report. There is a working group which is comprised of members of the UMIT Transitional Justice Section as well as ICTJ and other members of civil society including the HAK organisation, Fokupers, the Office of the Provedor and the Baucau Human Rights NGO. They have consulted with victims and presented the information to Committee A of Parliament- Committee A just recently issued a policy in the form of a resolution in relation to the CAVR report. However, we don’t think that this is enough so the working group is continuing to engage in consultation and in the near future has asked Committee A to take up this issue again in the Plenary Session to discuss possible reparations for victims.

Another human rights issue which is of some concern are the pardons given by the President to the perpetrators of crimes in 1999 as well the former interior minister Rogerio Lobato. Another issue we need to address related to justice- based on the results of monitoring we’ve conducted into the incidents of 2006, we know that many cases are still pending before the courts. The public prosecution has explained that insufficient evidence in many cases has caused a backlog.

Our major concern is that a lot of defendants/suspects have not had their status clearly defined and they still have no information about whether their cases will be pursued in court. This needs to be addressed quickly as the cases need to be investigated and dealt with promptly and they should not be left pending as the defendants may lose their right to liberty.

Louis Gentile: I’m not going to dwell too much on the details of the report but rather make some observations and general conclusions about where we are in terms of human rights in Timor-Leste and how we can move forward. This report concentrates from the period September 2007 to June 2008 and focuses specifically on the security sector and access to justice issues.

This means that consequently in this report, we are not talking about many other important areas of human rights in which we work, including the protection of rights of women and children and the work on the human rights and monitoring of the IDPs which is a current and pressing issue in Timor-Leste. It also doesn’t include the very important work in a country like Timor-Leste on economic, cultural or social rights or education. When I say it doesn’t include these areas, I mean that it doesn’t do a comprehensive review of our work in these very important subjects.

So the subsequent reports that we issue in the coming years will have a much greater focus in these areas.This is the 20th anniversary of my work in human rights and in these 20 years I have worked in areas which have been plagued by conflict, where people have been killed on a massive scale, where there have been severe cases of torture on a daily basis, and after 20 years, I have learnt two principle lessons about human rights work.

The first lesson is that the old fashioned and traditional way of doing human rights work where you have a small group of UN personnel from a couple of agencies and a few NGOs promoting human rights and criticising government and security forces with very few others deeply engaged in human rights work is not a very effective way of promoting human rights. What we are trying to do in Timor-Leste is build partnerships very broadly and very widely with government institutions, with civil society, with journalists, students and all sectors of society so everybody feels engaged with promoting and protecting human rights.

And we are especially happy that we have national human rights institutions as our partner, the Provedor for Human Rights and Justice, which has the capacity to do investigations into human rights violations and to monitor and report on human rights.We recommend in the Report very strongly that the Provedor’s Office be given the necessary resources to do their work including material and financial resources, to have the proper staffing to do their work in the districts and to build on the very important work that they are doing.

The second most important lesson I have learned in these past 20 years is that where there is greatest danger of massive violations of human rights in particular is during situations of conflict. So avoiding conflict and ensuring peace and stability is absolutely essential for ensuring the promotion and protection of human rights. Therefore, we also have to acknowledge that getting through this very difficult period from September 2007 through to February and getting to the security and stability at its current level is quite an achievement given all the circumstances.

I think if look objectively at the situation now, we can see that we are really at a crossroads now in terms of human rights in Timor-Leste. A lot of the elements are in the place for Timor-Leste to be among the leaders in developing counties in respect for human rights. But in order to reach that level there are four primary hurdles that need to be overcome.

The first relates to accountably. Accountability for those who violate human rights.

Accountability for violations of human rights that have taken place in the past and for those that continue in the present. You will see in the report other of areas where we talk about accountability, in relation to 1999, in relation to 2006, in relation to violations committed during the state of siege and in relation to the situation in general in Timor-Leste. And we take note and are encouraged by the statements by the Minister of Foreign Affairs, leaders of the Government, the President and even members of parliament from all parties who have urged that there be accountability for crimes committed and violations committed.

The second hurdle relates to security sector reform and that again is linked to accountability for those who commit violations within the security forces and also includes a clear delineation of responsibility so the police and military understand very clearly what there roles are.

The third challenge relates to domestic based and gender based violence and I should say that this is a challenge for every country in the world, including my own which is Canada. But we all need to understand that if we believe that violence is ok within the home, then we are almost certain to have violence outside the home.

The final hurdle or challenge is related to economic development and the realisation of economic and social rights for all Timorese. We bring attention to the fact that there are national priorities set to address the fundamental economic problems. There is a UN development assistance framework signed with the government which will attempt to address the economic development challenges in the coming years. But the realisation of these plans in a practical way- so that poor Timorese citizens can have their economic rights realised- is really key to whether or not we can say there has been true progress and if this country can be a model of human rights protection for this region and for the world.

To conclude, while it’s going to be extremely difficult to overcome these four hurdles and to achieve real progress, it is possible and work has already begun in all four areas and progress has already been made. The possibility is there before us if we are all engaged in this effort, I believe it can be achieved.

Spokesperson Allison Cooper: Are there any questions?

Q: Can you explain why the Presidental Amnesty law wasn’t included in the report and what you are doing about this law and what your opinion is on this?

Louis Gentile: There is a draft being worked on, but there is no amnesty law yet per se that has been passed or proposed before parliament or as a decree law. The opinion the Mission and the High Commissioner for Human Rights is that amnesty in respect of serious crimes committed in 2006 is not a good idea. In fact, we are pursuing accountability for those very crimes and we even support the position of one prosecutor in the Office of the Prosecutor-General who is working on pursuing prosecutions for crimes committed in 2006.

Q: Has the President’s Office been supportive of your comments? What was the feedback?

Louis Gentile: The initial feed back we received was positive and there were some revisions made to the initial draft and we’re still in discussions about the final draft of the amnesty law. We’re hoping that either there won’t be an amnesty law, or that it will be one that will include only minor offences in its scope.

Q: The report mentions allegations of violations made by the Joint Command. Do these allegations relate to serious crimes? And have any of the allegations been followed up? The COI report has yet to be followed up by the Government – What is your opinion on this matter and what are your observations on human rights abuses in Timor-Leste?

Louis Gentile: There were 58 allegations relating to the Joint Command during the state of siege. Most of these involved the ill-treatment and beatings of citizens, some of them involved death threats- in fact there were 6 death threats issues. We did not find the most serious or grave types of human rights offences which we would call deprivation of the right to life, disappearance or extreme torture in these violations. Nevertheless, ill-treatment of this nature, beatings and threats, are very serious and must be taken very seriously by the security forces and accountability must be followed up. We’ve had various promises about accountability and the Deputy Provedor will explain this a little further.

At the Security Council on Tuesday, the Minster of Foreign Affairs again reiterated the Government’s commitment to pursue accountability for violations committed during the state of siege. He said that the respective secretaries of state will be asked to follow up to ensure accountability in the cases reported.

Silverio Pinto Baptista: In relation to allegations of violations by the Joint Command, we had allegations relating to both physical and psychological violations. If these violations were against members of the security forces, we notified the commanders of the forces.

The Office of the Provedor had received 54 complains. Of these, 44 have been investigated and this process is continuing and we hope that in October we can make recommendations on these 44 cases.

Of course if there is evidence of physical assault, then we submit our recommendations to the public prosecutor’s office to take action according to the criminal law. If there is evidence of mismanagement of the security forces, then we will make our recommendations to the respective commanders of the F-FDTL and PNTL and urge them to take the necessary disciplinary measures.

I myself have been monitoring the situation with Mr Gentile’s Deputy, and the two of us have been talking to the commanders and they have made many promises to us about taking preventative measures.

About the COI report- The COI was formed at the request of the Government who asked the UN to set up this inquiry. I have been involved in monitoring and we have spoken to the members of the Prosecutor-General’s office and we have received information that a number of cases related to this period are still pending. They haven’t closed permanently but are pending due to a lack of insufficient evidence.

Another issue is that people who currently remain in prison and who have not had any follow-up with their cases. In terms of human rights, this shouldn’t happen. People should be arrested and promptly informed of the charges against them and their guilt or innocence should be promptly ascertained by a court of law. We think the Government should provide the necessary funds to ensure that this sort of thing doesn’t happen.

In relation to February 11, we’ve set up some teams comprised of members of the Provedor’s Office, civil society and the UNMIT Human Rights section. A few days ago I spoke with the Minister of Justice and the Prosecutor-General about monitoring and got a very positive response. The Minster informed that we didn’t need her permission to conduct monitoring- but monitoring is all we can do.

Q: You mentioned that the Government has been responding positively to the concerns that are being raised but the SRSG said to the Security Council on Tuesday that it’s not clear how effectively the Government’s concerns are being institutionalised and articulated further down the ranks. Where do you perceive the blockage to be? Is the Government just not following up on its word or is there an inability to articulate its messages down the ranks?

Louis Gentile: I think there are two obstacles: one of process and another of will. The one of process involves ensuring the proper mechanisms exist within the security forces to ensure the people are held accountable for violations. For the PNTL, those mechanisms are in place on paper, but there is a problem of will. For example, we know of cases where an officer has been recommended for suspension but the suspension has not been executed.

In the case of the F-FDTL, there is also a question of a proper process that is formalised within the military to ensure accountability for violations and proper disciplinary actions. There are some formal instructions, but not yet a formal process that is working in the military to ensure accountability.

So, it is a question of both will and proper structures. In both cases, even at the level of services themselves, commanders have given assurances that there will be accountability. So, maybe it’s too early to judge, but it has been a significant amount of time already and we feel that it is legitimate now to ask for results and we have not yet seen those results.

There is also the criminal justice system and they are conducting a number of investigation. Those which are found to be reports of criminal acts, then those can be sent to the Prosecutor-General and they can be prosecuted under the criminal law. This is a safeguard to ensure discipline when it’s not been implemented within the security forces themselves.

Q: In the report, it emphasises that there has been a lot of training done for the security forces and the SRSG expressed his contentment at more training. However it seems that whenever the security forces move away from the supervision of UNMIT or UNPOl, they don’t really demonstrate that they have learned anything from the trainings. Do you think the trainings are working?

Louis Gentile: I think that’s a very difficult question to answer because it’s a subjective answer as to whether or not the trainings have produced some positive results, but I would argue that given that the training is being conducted not just by the UN but by important bi-lateral partners, I think it vital that that kind of training continue- indeed it needs to be intensified. If you look at military training all around the world, you will see that they are months long, they are very intensive, they include simulations, they are re-trained again re-trained through the course of their career and we would think that Timor-Leste is the same as any other country where they are trying to professionalize the military where the training would need to be continuous and on-going over the course of many years.

And I think that many of the bilateral partners are committed to that kind of approach.In terms of the results of the training done to date, we can say that we did not see, despite the conditions of volatility and insecurity, that we did not see the gravest violations of human rights that we see in many other parts of the world. Whether or not this has anything to do with the training, no one can really say, but perhaps it does have something to do with the training.

Q: You mentioned the security sector review- in the last few months, how many times has the panel met?

Louis Gentile: My only response to that is that the point I’m trying to make as a hurdle for the security sector review, this is a major challenge. Now that there is something major signed, the question is how effective will be? Will it be implemented? Will it be a true professionalization of the security forces? Of course it is far too early in the process to make a judgement of that. But I get your point about the lack of effective follow up and of course that’s of some concern, but let’s see how things go forwards.

This is a crucial area of human rights that a reform take place and a clear delineation of roles of the police and the military be solidified in Timorese law and regulation.

Spokesperson Allison Cooper: Thank you everyone. That concludes the press conference.

Post sponsored by 1999 East Timor Crimes Against Humanity - Prosecute human rights violators!

UN calls for justice in East Timor

The National Jesse Wright 24 August 2008 8:40PM UAE

DILI - Eriancy Situmora was in court last year when the four soldiers who killed her husband and seven other unarmed police officers were convicted of one of the worst atrocities during weeks of rioting in the capital in 2006.The East Timorese soldiers were sentenced to between 10 and 12 years each and collectively were ordered to pay Mrs Situmora – now a widowed mother of two – US$250 in compensation.

When the verdict was handed down by the civilian court, Mrs Situmora thought it was over. She thought justice had been served.

But it had not.

Today, not a single soldier sits in a civilian prison. All are still receiving a salary from the military, but not a penny has been paid to the victims.

In a scathing UN report delivered this month to the UN Security Council, the East Timorese mission concluded the four soldiers “continue to evade serious detention”. Read more...

23 August 2008

East Timor Petroleum Fund Report - Transition Period Jul-Dec 2007

The English language version of the financial statements for the year ended 31 December 2007 for the East Timor Petroleum Fund are available at :


Signature of International Coffee Agreement 2007 – East Timor

The Vice Prime-Minister for East Timor, H.E. Dr JoseLuis Guterres, signed the 2007 Agreement at the ICO headquarters in London on 19 August 2008.

East Timor is a coffee producing country with average annual production estimated at around 200,000 60-kg bags.

22 August 2008

Portugal to boost Timor aid for justice system during ministerial visit

TPN/Lusa 23/8/2008 - Portuguese Justice Minister Alberto Costa said this week he would sign two bilateral cooperation schemes in Dili later this week during a three-day visit to East Timor.

Minister Costa, who began his visit to Asia’s newest nation on Thursday, told the Lusa News Agency he would ink a protocol with his Timorese counterpart, Lucia Lobato, to assure the career and salary rights at home of Portuguese judges and magistrates recruited to serve in East Timor under United Nations auspices.

The current lack of such guarantees by Portugal had hindered the recruitment of judicial personnel to serve in Dili, the minister said.

A second protocol, he added, would broaden Portuguese aid beyond current bilateral programmes of training judicial sector personnel to help the former Portuguese territory “modernize” its judicial system in all areas.

“We plan to continue and bolster our judicial cooperation. Justice is, in fact, the priority of our cooperation with East Timor”, Costa said.

He was scheduled to meet all Dili’s top leaders, including President Jose Ramos Horta, Prime Minister Xanana Gusmao, and UN mission chief Atul Khare during his three-day stay in Dili.

Legal Reports East Timor National Media 21 August 2008 (b)

UNMIT Daily Media Review - Afternoon Headlines, 21 August 2008

Timor-Leste-Portugal sign agreement on developing justice sector – Timor Post, 22 August
The Timorese and Portuguese Government have signed agreements on developing justice sector in Timor-Leste. The Portuguese Government through its Justice Minister, Alberto da Costa and Timorese Justice Minister, Lucia Lobato yesterday officially signed two kinds of agreement and was witnessed by Prime Minister Xanana Gusmao. Portugal has supported the country in the field of justice, such as providing legal advisors to help Timorese legal practitioners.

Authority denies rumors on the release of Salsinha and followers – Timor Poost, 22 August
Timorese authorities have denied rumors mongering that former rebel leader, Gastao Salsinha and his followers have been released from serving a provisional sentence in Dili's Becora jail on (20/8). National Director for Prison, Helena Gomes said the rumors on the release of Salsinha and followers were unknown to her and said they were still being locked up in the prison. "The release of Salsinha and his followers are unknown to us, the fact shows they are still in the prison," Gomes said. She added Salsinha and his men should serve their provisional sentence, as they had no right to be freed.

F-FDTL will use ships for watching over Timor Sea – Timor Post, 22 August
Timorese Defense Force Naval Commander, Lieutenant Colonel Pedro Klamar Fuik, said they would use two ships that would be purchased by the Government from China to watch over the Timor Sea from illegal fishing. The commander said many times foreigners had illegally conducted illegal fishing in the country's maritime zone, therefore the ships would help support them in doing their tasks. Klamar Fuik said the defense force's Naval Unit were facing major problem, because they only had small ship and was incapable to control all the maritime zones.

Gun law important to be debated, says Lasama – Diario Nacional, 222 August
Parliamentary President Fernando "Lasama" Araujo, said the gun law was very important as other laws and was urgent to be debated soon. "The gun law is being top priority of the Parliament to be debated after passing one month of quiet period," Lasama said. Lasama said it was a decree law produced by the Government which aimed at recalling all the illegal weapons and did not mean to distribute weapons to the civilians. Lasama said only the country's security forces and intelligence service members were allowed to carry weapons.

F-FDTL reforms should go through educational investment, says Ruak – Diario Nacional, 22 August
Timorese Defense Force Commander, Brigadier General Taur Matan Ruak, said in reforming the county's defense force should strongly be invested in the field of education. "Investment in the field of education is being responsibility of the Government. Education should be strong, so that people could have good skills and have good conscience," the commander said. Rua said the defense force would hold a new recruitment to the news soldiers this year and they currently waiting for military law to be approved by the Parliament.

Agriculture minister meets with President Horta - Radio Televisaun Timor-Leste, 22 August
Minister for Agriculture, Fisheries and Forestry, Mariano "Asanami" Sabino Lopes has met with President Jose Ramos Horta, talking on plaque inaugurating of Nino Konis Santana National Park. After meeting with the president, the minister said apart from talking about the plaque of the national park, they were also discussing the agricultural ministry's activities on increasing local products in the country. Asanami said the president strongly supported his agricultural activities, as it would help reduce poverty in the country. Minister Asanami added President Horta had stated his readiness to hold some official visits to directly look closer at the farming activities held by the farmers in the field.

Need to amend constitution before setting up anti-corruption commission, says Ximenes – Suara Timor Lorosa'e, 22 August
Timorese Human Rights and Justice Ombudsmen, Sebastião Diaz Ximenes, said in setting up an anti-corruption in the country should firstly make amendment to the constitution, the Article 132, because the article stated only the Public Prosecution had the right to exercise the penal process.

Ximenes said if the country wanted to set up the proposed commission was similar to Indonesia's KKP, then it would exercise the role of the Public Prosecution, because the KKP was allowed to hold investigation into any case of corruption. Ximenes proposed to the countries state bodies, such as Government and Parliament to look at laws for human rights ombudsmen and public prosecution, so that it could not be in conflict with each institution's role. "We all want the anti-corruption commission to work well, therefore should avoid double roles," He added.

Council of Ministers Meetings 13 & 14 August 2008

Council of Ministers Extraordinary Meeting 14 August 2008

Unofficial translation. Original Portuguese text follows.

IV Constitutional Government

Extraordinary meeting of the Council of Ministers on August 14, 2008

The Council of Ministers meeting was held this Thursday, August 14, 2008, in the Meeting Room of the Council of Ministers, at the Government Palace in Dili, and adopted:

Extension of the National Campaign to Collect ArmsThe Council of Ministers today approved, at an extraordinary meeting, a resolution that extends the Campaign National Collection of Weapons, which began on July 15, until the next day August 31.

The government decided to hold a National Campaign to Collect Arms, encouraging voluntary surrender of any firearm, explosive device and ammunition and other weapons, and the Council of Ministers adopted on 2 July a resolution to that effect and determining the effect for a period of one month, starting from July 15 last.

The period is now extended for a further fifteen days, given the success that the campaign has known.In recent days there has been an intensification of delivery of weapons, which demonstrates the will of the people to participate in this campaign and justifies its maintenance until the end of the month.

According to that resolution during the period in which this ongoing campaign, the national and international military forces present in East Timor should assist the security forces in implementing the measures from police custody and for the delivery of weapons.


IV Governo Constitucional

Reuniao extraordinaria do Conselho de Ministros de 14 de Agosto de 2008O Conselho de Ministros reuniu-se esta Quinta-feira, 14 de Agosto, 2008, na Sala de Reunioes do Conselho de Ministros, no Palácio do Governo, em Dili, e aprovou:

Extensao da Campanha Nacional de Recolha de ArmasO Conselho de Ministros aprovou hoje, em reuniao extraordinaria, uma Resolucao que estende a Campanha Nacional de Recolha de Armas, que teve inicio a 15 de Julho, ate ao proximo dia 31 de Agosto.

O Governo decidiu realizar uma Campanha Nacional de Recolha de Armas, incentivando a entrega voluntaria de qualquer arma de fogo, engenho explosivo e municao, bem como outro tipo de armas, tendo o Conselho de Ministros aprovado no passado dia 2 de Julho uma Resolucao nesse sentido e determinando para o efeito um período de um mes, com inicio a 15 de Julho passado.

Periodo esse que e agora estendido por mais quinze dias, em face do sucesso que a campanha tem conhecido. Nos ultimos dias verificou-se uma intensificacao da entrega de armas, que demonstra a vontade da populacao em participar nesta campanha e justifica a sua manutencao ate ao fim do mes.

De acordo com a mesma Resolucao, durante o período em que decorrer esta Campanha, as forcas militares nacionais e internacionais presentes em Timor-Leste devem prestar apoio as forcas de seguranca na execucao das medidas de policia para a entrega e guarda das armas.




The Council of Ministers meeting is held this Wednesday, August 13, 2008, in the Meeting Room of the Council of Ministers, at the Government Palace in Dili, and adopted:

1 - Decree Law approving the value of the presence of passwords to be allocated to members of the National Election Commission

This law, approved by the Council of Ministers in its meeting today, determines the value of the daily allowance payable to members of the National Election Commission (CNE), as consideration of the financial performance of their duties.Members of NSC are entitled as a main salary, and according to this law, a daily allowance for each meeting and working session in which they participate. On the other hand, are equally entitled to allowances of communication and transport, plus expenses for food and accommodation when they move in for service outside their usual place of work. They are also entitled to any other purpose other than to pay supplements to previously exposed, a figure equivalent to 50 percent of which are due to the Members of the National Parliament, under the general law applicable.

2 - amending the Decree of the Government Decree No. 2 / 2007 of August 1
Following the approval by the National Parliament of Law No. 7, July 25, which approved the Statute of the bodies Holders of Sovereignty, the Government regulates the allocation of costs that must be understood as "right to housing provided by the State" and at the same time, the situation of members of government have no residence given by the State.

However, there were certain the Quantitative to be satisfied these supplements, either in respect of payment of rent from home, or in relation to the payment of the common burden on housing, own or leased, such as electricity or water, where the state can not provide housing, in order to mitigate this difference in treatment. A situation that the present law, that the Council of Ministers approved in its meeting today, is correct.

3 - Resolution approving the Convention for ratification of Assistance in Criminal Matters between the Member States of the Community of Portuguese Language Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Judicial Assistance in Criminal Matters between the Member States of the Community of Portuguese Language Countries (CPLP).The agreement facilitates the criminal cases involving persons involved in more than one country of CPLP, through mutual assistance. Understands the communication of information, pleadings and other public acts and the acts necessary for confiscation, seizure or freezing, or the recovery of tools, products, objects or products of a crime and to show people.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

4 - Resolution approving ratification to the Convention on Extradition between the Member States of the Community of Portuguese Language Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Extradition between the Member States of the CPLP.This agreement aims to enable the delivery of persons who are in the territory of a state contractor and are wanted by another state contractor, for purposes of prosecution or fulfillment of criminal penalty.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

5 - Resolution approving the Convention for ratification of Transfer of Sentenced Persons between Member States of the Community of Portuguese Speaking Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Transfer of Sentenced Persons between Member States of CPLP.This convention aims to give people who are deprived of their liberty because of a court order, the ability to meet the condemnation in their own social environment and family of origin. However, you can not change the content of the judgement.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

6 - Resolution approving the ratification instrument for establishing a network of International Legal and Judicial Cooperation of Portuguese Speaking Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to Instrument establishing a network of International Legal and Judicial Cooperation of Portuguese Speaking Countries.This instrument is aimed at creating a network to facilitate and accelerate cooperation in legal and judicial field between the eight member countries of the CPLP in the areas of civil law, commercial and criminal law, and allow the institutions to intensify cooperation and exchange of information and discussion referring to relevant international institutions.The network will have a secretariat headed by a secretary-general, elected by the Ministers of Justice, under the Permanent Secretariat of the Conference of Ministers of Justice of Portuguese Speaking Countries, and after two years an assessment of its operation.

The bill approved today by the Council of Ministers will now be sent to the National Parliament.

The Council of Ministers also looked at:

7 - Military Recruitment
The Council of Ministers also discussed at its meeting today issues relating to military and decided to refer to the National Parliament a Proposed Law to promote some amendments to the Military Service Law currently in force, to include the Voluntary Military Service.


IV Governo Constitucional

Reunião do Conselho de Ministros de 13 de Agosto de 2008

O Conselho de Ministros reuniu-se esta Quarta-feira, 13 de Agosto de 2008, na Sala de Reuniões do Conselho de Ministros, no Palácio do Governo, em Díli, e aprovou:

1 - Decreto-Lei que aprova o valor das senhas de presença a atribuir aos membros da Comissão Nacional de Eleições
O presente diploma, aprovado pelo Conselho de Ministros na sua reunião de hoje, determina o valor do subsídio diário a pagar aos membros da Comissão Nacional de Eleições (CNE), como contrapartida pecuniária do exercício das suas funções.

Os membros da CNE têm direito, a título de remuneração principal, e de acordo com o presente diploma, a um subsídio diário por cada reunião e sessão de trabalho em que participem. Por outro lado, têm igualmente direito a subsídios de comunicação e de transporte, e ainda despesas com alimentação e alojamento quando se desloquem em serviço para fora do seu local habitual de trabalho. Têm ainda direito a quaisquer outros suplementos remuneratórios com finalidade diferente da anteriormente exposta, num valor equivalente a 50 por cento dos que sejam devidos aos deputados do Parlamento Nacional, nos termos da lei geral aplicável.

2 - Decreto que altera o Decreto do Governo n.º 2/2007, de 1 de Agosto
Na sequência da aprovação pelo Parlamento Nacional da Lei n.º 7, de 25 de Julho, que aprovou o Estatuto dos Titulares dos Órgãos de Soberania, o Governo regulamentou a atribuição das despesas que devem ser entendidas como “direito a habitação fornecida pelo Estado” e, ao mesmo tempo, a situação dos membros do Governo que não dispõem de residência atribuída pelo Estado.

No entanto, não foram determinados os quantitativos a que devem obedecer esses suplementos, quer no que respeita a pagamento de rendas de casa, quer no que se refere ao pagamento dos encargos comuns com a habitação, própria ou arrendada, tais como electricidade ou água, nos casos em que o Estado não pode disponibilizar habitação, por forma a mitigar essa diferença de tratamento. Uma situação que o presente diploma, que o Conselho de Ministros aprovou na sua reunião de hoje, vem corrigir.

3 - Resolução que aprova para ratificação a Convenção de Auxílio em Matéria Penal entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Auxílio Judiciário em Matéria Penal entre os Estados Membros da Comunidade dos Países de Língua Portuguesa (CPLP).Esta convenção facilita os processos penais com pessoas envolvidas em mais de um país da CPLP, através de auxílio mútuo. Compreende a comunicação de informações, de actos processuais e de outros actos públicos, bem como os actos necessários à perda, apreensão ou congelamento, ou ainda à recuperação de instrumentos, bens, objectos ou produtos de um crime e a comparência de pessoas.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

4 - Resolução que aprova para ratificação a Convenção de Extradição entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Extradição entre os Estados Membros da CPLP.Esta convenção tem como objectivo possibilitar a entrega de pessoas que se encontram no território de um estado contratante e que são procuradas por outro estado contratante, para fins de procedimento criminal ou de cumprimento de pena criminal.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

5 - Resolução que aprova para ratificação a Convenção de Transferência de Pessoas Condenadas entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Transferência de Pessoas Condenadas entre os Estados Membros da CPLP.Esta convenção visa proporcionar às pessoas que se encontrem privadas da sua liberdade, em virtude de uma decisão judicial, a possibilidade de cumprirem a condenação no seu próprio meio social e familiar de origem. No entanto, não será possível mudar o conteúdo da decisão judicial.O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

6 - Resolução que aprova para ratificação o Instrumento que cria uma Rede de Cooperação Jurídica e Judiciária Internacional dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste ao Instrumento que cria uma Rede de Cooperação Jurídica e Judiciária Internacional dos Países de Língua Portuguesa.Este instrumento visa a criação de uma rede que facilite e agilize a cooperação no sector jurídico e judiciário entre os oito países membros da CPLP nas áreas do direito civil, comercial e penal, e que permita intensificar a colaboração das instituições e a troca e discussão de informações referentes a instituições internacionais relevantes.

A rede terá um secretariado chefiado por um secretário-geral, eleito pelos ministros da Justiça, no âmbito do Secretariado Permanente da Conferência dos Ministros da Justiça dos Países de Língua Portuguesa, e ao fim de dois anos será feita uma avaliação do seu funcionamento.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

O Conselho de Ministros analisou ainda:

7 - Recrutamento militar
O Conselho de Ministros discutiu ainda na sua reunião de hoje assuntos relativos ao recrutamento militar, tendo decidido remeter ao Parlamento Nacional uma Proposta de Lei visando promover algumas alterações à Lei do Serviço Militar actualmente em vigor, por forma a prever o Serviço Militar Voluntário.

Legal Reports East Timor National Media 21 August 2008

UNMIT Daily Media Review - Morning Headlines 22 August 2008

A man stabbed to death near ANZ Bank – Radio Timor-Leste, 21 August
Police has reported today that a recharge-phone-card seller was killed by five-drunken-men near the Dili’s ANZ Bank area. Dili Police Station Commander, Inspector Pedro Belo said the man was killed at about 2 am this morning (21/8). The man was killed after he and his younger brother refused to give money to the suspects. The Commander said they police had detained one of the suspects and was being locked up in the police’s detention centre for investigation purpose. Belo added the police was currently in the pursuit of the five other suspects who were believed to have been involved in the case.

UN confirms human rights violation still critical in Timor-Leste – Radio Timor-Leste, 21 August
The United Nations has confirmed that human rights violation still critical in Timor-Leste, because the Joint Operation Command soldiers and police officers are suspected of being engaged in human rights violation during the hunt for rebels went on in the country. Chief of the UN Human Rights, Luis Gentile made the comments today during a press conference on the second report of human rights violation in Timor-Leste. Gentile said the UN considered acts of violence committed by the Joint Operation’s soldiers and police officers, such as beatings and psychological threats were still being part of human rights violation. He called on the Timorese Defense Force (F-FDTL) and National Police (PNTL) to be responsible for the human rights violation committed by the soldiers and officers.

Gusmao urges suspension of from his post – Radio Timor-Leste, 21 Auguust
Prime Minister Xanana Gusmão has issued an official request to suspend director for equipments and maintenance from the Department of Infrastructures, because he is suspected of being involved in corruptions.

The prime minister said the director was accused of stealing state money which should actually be spent for house construction for the Timorese National Police (PNTL). Gusmão said there were some evidences had proved Director Joanico Gonçalves to be responsible for falsifying documents of maintenance and expenses for fuel worth $ US 60, 200. Gusmão said Gonçalves was also responsible for the house construction for the police worth $ 180,000, because the house constructed did not meet with standard determined, as there were no bath rooms and toilets. The director would be suspended for 90 days from his current post without payment.

UN launches report on human rights development in Timor-Leste – Televizaun Timor-Leste, 21 August
The United Nations Integrated Mission in Timor-Leste (UNMIT) has launched its second report on the human rights development in the country. The report covered the human rights violation taking place in September 2007 until June 20008. The report focused on human rights violation committed by the Task force police officers and the country’s defense force during the implementation of state under siege and state of emergency. During a press conference held at the office of UNMIT, Deputy Human Rights and Justice Ombudsmen, Silveiro Pinto said these were the facts of human rights violation in the country and were being major challenges for the human rights practitioners to do their tasks.

Meanwhile, Chief of the UN Human Rights Unit, Luis Gentile said the report focused on human rights violation happened in 2007 until June 20008 which specifically on security sector and justice issue. The report is also about the country’s judicial system, recent pardon given to the prisoners by the president and the attacks on the President Horta’s residence on February 11.