16 October 2009

Timor Leste Legal News 15 October 2009

Too early to produce amnesty law Suara Timor Lorosae 15 October 2009 MP Cecilio Caminha from the National Congress for Timorese Reconstruction (CNRT) said it was too early for Timor-Leste to produce amnesty law because Timor-Leste just got its independence ten years ago.

ETLJB Ed: Only 10 years! Not long enough to bring the amnesty law into force? Too much constriction on President Horta's discretion to grant arbitrary amnesties without reference to criteria and standards entrenched in the law looks like a more plausible explanation.

Parliament to investigate Maubere Security Company director
- Radio Televisaun Timor Leste 15 October 2009 President of the Parliamentary Committee H for Youths, Sports and Employment, Antonio Cardoso said the Parliament would investigate the director for Security Company, due to he had sacked his employees recklessly and was without any due respect.

ETLJB Ed: Totally misunderstanding the concept of the separation of powers, or, knowing but wilfully disregarding them, the East Timor National Parliament embarks upon an unconstitional and undemocratic course of action that would be unthinkable anywhere but in the confused and unstable political structure of the post-independence Timorese state.

STNCD calls for Parliament to give them power Timor Post 15 October 2009 Steering National Committee for Dialog Consensus (STNCD) has called for the Parliament to give them legal power so that they could work independently to look at the CAVR’s report.

Public Prosecution could take PM Gusmao to court for trial: PUN Timor Post 15 October 2009 President for the National Unity Party (PUN) Fernanda Borges said the Public Prosecution had power to take Prime Minister Xanana Gusmao to the court for trial regarding his decision of releasing the ex-militia commander Maternus Bere.

ETLJB Ed: Recalling that the Prosecutor-General is former Fretilin power monger, Ana Pessoa, it will be interesting to see whether she decides to prosecute her old political enemies who some say have acted in violation of the Constitution and international law by releasing crimes against humanity suspect Marternus Bere.

The chief justice Claudio Ximenes has issued public statements threatening application of the criminal law if state officials acted illegally in releasing Bere. The problem with a judge making such public statements is that it is further evidence of the complete contempt for the principles of the rule of law and the separation of powers which has been demonstrated repeatedly by the Parliament, the Government, the President and the Chief Justice.

What possible hope does East Timor of resolving economic and social problems and achieving sustainable development while the rule of law and democratic principles emerge only as the exception rather than the norm
, one might ask?

State Secretary for Security has no proper plans Timor Post 15 October 2009 MP Rui Menezes from the Democratic Party (PD) said the remuneration for the Timorese National Police (PNTL) was late, because the State Secretary for Security had no proper plans for this issue.

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