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26 August 2008

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

Translated from original in Portuguese

DEMOCRATIC REPUBLIC OF TIMOR-LESTE
OFFICE OF THE PRIME MINISTER

Dili, 18 August 2008

DISPATCH No: 023/IVGC/PM

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
(signed)
Kay Rala Xanana Gusmao

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