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East Timor Legal New now on East Timor Law and Justice Bulletin

East Timor legal news continues on in the East Timor Law and Justice Bulletin. ETLJB covers the period from 2008 to the present. The archive and ETLB span almost a decade. It is by no means a comprehensive archive of legal news from East Timor but does cover many subjects and sources that have been of critical importance in the development of East Timor's legal culture since the catastrophic disintegration of the rule of law in 2006. Relates sources are East Timor Law Journal, East Timor Land Studies and United Nations Police in East Timor Security Reports for the period 2006-2008.

Thursday, June 28, 2012

Timor-Leste Legal News August 2006

It is better to wait for the results of the investigation of PNTL members: Freitas - The chairperson of National NGO East Timor People’s Action (ETPA), Cicilio Caminho Freitas thought that it was better for the Ministry of Interior to wait for the result of the investigation from the UN Independent Special Commission of Inquiry for East Timor before reactivating the PNTL. The members of the PNTL should be vetted on their involvement in the crisis. In addition, in relation to the government’s plan to promote the reconciliation, Mr. Freitas said that the reconciliation planned by the government should start from the political elites, particularly those who were from the 1975’s era. (Timor Post 29/8/06 from UNOTIL Media Monitoring)

25 Homes Burnt in Wailili - MP Norberto Esperito Santo told the media on Monday that violence between two sub-villages resulted in the burning of 25 houses in Wailili, Baucau sub-district. According to Esperito Santo the grave of former Falintil commander, Rubliki was also destroyed in the fire as well as some coconut, breadfruit and Kami trees. He said that the Baucau PNTL detained a suspect and also found ammunition, which includes a pistol, a magazine and a heavy weapon. The people whose homes were affected by the fire have received assistance from the Ministry of Labour and Community Reinsertion of Baucau, although life has returned to normality the population is too traumatized with the events to resume their daily routine, Norberto Esperito Santo said. According to Diario Nacional, the information could neither be confirmed with Baucau PNTL commander nor the District Administrator via telephone. (Diario Nacional 29/8/06 from UNOTIL Media Monitoring)
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REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE GABINETE DO PRIMEIRO-MINISTRO PRESS RELEASE

Six police stations to be created in Dili - This Monday, August 28th, Prime Minister, José Ramos-Horta, conducted a meeting regarding security issues. The following people participated in the meeting: the Special Representative of the Secretary General of the United Nations, Sukehiro Hasegawa, the new UN Police commissioner, the Portuguese Antero Lopes, and commanders of the international military and police forces in Timor-Leste. Also present were members of the Timor-Leste Government, including the Deputy Prime Minister, Rui Araújo, the Minister for the Interior, Alcino Baris, the Deputy Minister for the Interior, José Agostinho Sequeira “Somotxo”, and the Prosecutor General, Longuinhos Monteiro.

At the meeting, the Prime Minister emphasised the need to create a more stable environment in Dili, after a weekend in which gangs continued attacking houses and starting fires in the Timorese capital. José Ramos-Horta underlined the Government’s role of coordinating defence and security issues, with liaison with the President. That role is even more important after last Friday’s approval of resolution number 1704 of the UN Security Council. “There’s now a bigger need of coordination between the Government and international forces”, said the Prime Minister. Ramos-Horta also stated that “it’s urgent to implement permanent police stations, 24 hours per day, in the more critical neighbourhoods of Dili”.

The new UNPol Commissioner, Antero Lopes, stated that this is one of the first issues that he will solve. He announced that he will soon create six police stations in Dili. In coordination with the Minister of Interior, Mr Lopes said that the police stations will be installed in: Dom Aleixo (orphanage), Comoro (former police station), Bebonuk, Bidau/Akadiru Hun, Central Market and in the Matadouro area (Manu Metan Rai Hun). Before the implementation of the police stations, the Commissioner said that the patrols around these neighbourhoods will increase without prejudice of the ostensive patrolling in the rest of the capital. The Commissioner also added that the number of police stations will be increased when UN Pol has more personnel in the country.

The Prime Minister stated that an additional priority is the maintenance of arms recovery operations led by the international forces. There are some members of the Timorese Police that still have not given back their guns, and they have not presented themselves to the Headquarters.

PNTL Commanders suspended - Meanwhile, the Prime Minister announced that the PNTL Commanders have suspended their own functions. The commander, the Superintendent Paulo Martins, and the Deputies Ismael Babo e Lino Saldanha have presented the suspension of their functions to the Prime Minister. This will take effect during the work of the Evaluation Commission. The Commission was created last week, by a resolution approved by the Council of Ministers; it will question all 800 policemen that were working in Dili and verify who can return to work and who may be disciplinary or criminally prosecuted.

The Prime Minister praised the decision of the Commanders of PNTL.

Dili, 28 August, 2006
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United Nations S/2006/651* Security Council Distr.: General 18 August 2006 Original: English 06-46663* (E) 210806

Letter dated 14 August 2006 from the Chargé d’affaires a.i. of the Permanent Mission of Timor-Leste to the United Nations addressed to the Secretary-General

I have the honour, on instructions from my Government, to submit to you a copy of a letter dated 9 August 2006 signed by José Ramos-Horta, Prime Minister of the Democratic Republic of Timor-Leste, on the executive policing authority of the United Nations (see annex).

I should be grateful if the present letter and its annex could be circulated as a document of the Security Council.

(Signed) Sofia Borges
Chargé d’affaires a.i.

* Reissued for technical reasons.

S/2006/651
2 06-46663

Annex to the letter dated 14 August 2006 from the Chargé d’affaires a.i. of the Permanent Mission of Timor-Leste to the United Nations addressed to the Secretary-General

I wish to refer to my previous letter addressed to you (S/2006/620), dated 4 August, requesting the establishment of a robust, multidimensional and integrated peacekeeping mission in Timor-Leste.

The recent incidents in Timor-Leste have left the country with a dysfunctional national police force. National police officers are almost non-existent in the capital, Dili. While the multinational military and police forces have largely contributed to restoring calm after the recent tragic incidents in Timor-Leste, the situation still remains very fragile. To date, an estimated 70,000 internally displaced persons are living in several camps in Dili. The citizens are afraid and lack the sense of security needed to return to their homes. I am convinced that a strong and robust United Nations police force could help to resolve this human catastrophe.

In the light of the above-mentioned concerns, I look forward to the establishment of a new United Nations mission on 21 August 2006 with a United Nations police force component. I am therefore agreeable to the proposal contained in your report (S/2006/628), stating that the United Nations police force will have executive policing authority. Such authority would be crucial in ensuring the reinstitution of the national police and in restoring the confidence of the people of Timor-Leste.

(Signed) José Ramos-Horta
Prime Minister
Democratic Republic of Timor-Leste
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United Nations S/2006/668 Security Council Distr.: General 18 August 2006 Original: English 06-47361 (E) 210806
Letter dated 16 August from the Chargé d’affaires a.i. of the Permanent Mission of Timor-Leste to the United Nations addressed to the Secretary-General

I have the honour, on instruction from my Government, to submit to you a copy of a letter dated 11 August 2006 signed by José Ramos-Horta, Prime Minister of the Democratic Republic of Timor-Leste, on United Nations electoral assistance for Timor-Leste (see annex).

I should be grateful if the present letter and its annex could be circulated as a document of the Security Council.

(Signed) Sofia Borges
Chargé d’affaires a.i.

Annex to the letter dated 16 August 2006 from the Chargé d’affaires a.i. of the Permanent Mission of Timor-Leste to the United Nations addressed to the Secretary-General

I wish to formally request the United Nations to observe and verify the election process in Timor-Leste, including the legislative and presidential elections scheduled for April and May 2007. The Government of Timor-Leste shares the view put forward in General Assembly resolution 46/137, in which the Assembly underscored “the significance of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which establish that the authority to govern shall be based on the will of the people, as expressed in genuine and periodic elections” and declared “that determining the will of the people requires an electoral process that provides an equal opportunity for all citizens to become candidates and put forward their political views, individually and in cooperationwith others, as provided in national constitutions and laws”.

In order to assist the Government of Timor-Leste in fulfilling this mission, the objectives of United Nations electoral assistance would essentially be twofold:

(a) To assist Timor-Leste in its efforts to hold credible and legitimate democratic elections in accordance with internationally recognized criteria established in universal and regional human rights instruments;

(b) To contribute to building Timor-Leste’s institutional capacity to organize democratic elections that are genuine and periodic and have the full confidence of the contending parties and the electorate. The United Nations verification mission would observe and verify the legitimacy of the various stages of the electoral process and the compliance of the national electoral authorities with the electoral regulations.

The scope of the verification would include ensuring the impartiality of the national electoral commission, freedom of movement and assembly and equal and fair access to the media for all political contenders, voter education, updating of voter registration, electoral campaigns, polling and the vote count.

The verification mission and the Government shall agree on the best way to provide support to enable the political parties to conduct political campaigns. My Government is firmly committed to creating a level playing field for political parties and is considering providinggrants in equal amounts to all.

The verification mission would be mandated to produce a report and make recommendations at the end of each phase of the electoral process and a final report attesting to the election’s transparency, fairness and credibility. The United Nations would be responsible for the public announcement of the transparency, fairness and credibility of the election.

(Signed) José Ramos-Horta
Prime Minister, Timor-Leste
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UNOTIL SRSG Visits Baucau and Viqueque 15 August 2006, DILI-- The Special Representative of the Secretary General (SRSG) for Timor Leste, Sukehiro Hasegawa today visited district headquarters in the eastern town of Viqueque and listened to suggestions from National Police officers on how the United Nations could help improve their performance in the future.

He also discussed the district's situation with District Administrator Francisco Da Silva.

SRSG Hasegawa said he would bring their suggestions and requests to the attention of the authorities in Dili.

One of the senior PNTL officers in Viqueque said they would need better communications equipment, cars and fuel to run them, computers, printers, and photocopiers and more training from UN Police, especially in the area of internal discipline.

An officer suggested that a future UN police force set up stations in every district and several at Fatuhai on the eastern access to Dili. Another officer said it is very important to be able to receive TV broadcasts of the national network, RTTL, which at present are not available in Viqueque.

An officer complained of a lack of rice, as did families at a displaced persons camp the SRSG also visited. A member of the UN staff told both groups that she had reliable information that government shipment was expected this week.

Hasegawa said he would not promise anything but would bring their suggestions to the relevant authorities in Dili and discuss with the UN Police their suggestions on the need for more assistance in strengthening discipline.

Earlier in the day Hasegawa exchanged views on the political situation with Bishop Basilio do Nascimento of Baucau, and visited the Baucau district administrator Luis Aparicio.

For additional information, please contact: Donna Cusumano, Chief, Public Information Office, UNOTIL; +670 723  0749 or Spokesperson Robert Sullivan at 670 331-2210, extension 5165
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UNOTIL Please disregard the press release disseminated earlier today and replace with the attached revised version.
Hasegawa calls for Renewed Commitment to Sustaining Integrity of the Judiciary

23 August 2006, Dili – Sukehiro Hasegawa, the Special Representative of the Secretary-General in Timor-Leste today called for renewed commitment to respecting and enhancing the integrity of the judiciary.

With the UNOTIL mandate coming to an end, all 17 international judges, prosecutors, defense lawyers and court clerks recruited by UNOTIL are now completing their assignments. UNDP is taking over many of these positions and making every effort to recruit new international judges, prosecutors and defense lawyers so that the public prosecution service and the courts can continue functioning.

In addition, UNOTIL is making arrangements for additional prosecutors to be deployed on a temporary basis from other international
judiciary institutions in order to sustain the rule of law in the country.

Such efforts will assist the Timorese judiciary institutions in handling the increased number of arrests by the international forces as a result of continued unlawful acts of violence. It is also anticipated that, with the arrival of the UN police, the number of arrests will further increase under the new UN mission in Timor-Leste.

"The remaining judges and prosecutors are working hard to handle the increased number of court cases," Hasegawa said. "Once the new international judges and prosecutors arrive within the next few weeks, judicial proceedings will be stepped up to address not only the pending but also newly emerging cases."

SRSG Hasegawa then called upon all national and international judges, prosecutors and defense lawyers to uphold the principles of professional integrity, judicial impartiality and independence. He added that the safety and security of judges and prosecutors need to be enhanced in order to ensure the proper functioning of the judicial system.

For additional information, please contact:Donna Cusumano, Chief, Public Information Office, UNOTIL; +670 723 0749 or Spokesperson Robert Sullivan at 670 331-2210, extension 5165
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Hasegawa calls for renewed commitment to judicial independence UNOTIL United Nations Office in Timor-Leste Public Information Office

23 August 2006, Dili – Sukehiro Hasegawa, the Special Representative of the Secretary-General in Timor-Leste today called for renewed
commitment to respecting and enhancing the independence of the judiciary.

With the UNOTIL mandate coming to an end, all 17 international judges, prosecutors, defense lawyers and court clerks recruited by UNOTIL are now completing their assignments. UNDP is taking over many of these positions and making every effort to recruit new international judges, prosecutors and defense lawyers so that the public prosecution service and the courts can continue functioning.

In addition, UNOTIL is making arrangements for additional prosecutors to be deployed on a temporary basis from other international judiciary institutions in order to sustain the rule of law in the country.

Such efforts will assist the Timorese judiciary institutions in handling the increased number of arrests by the international forces as a result of continued instability. It is also anticipated that, with the arrival of the UN police, the number of arrests will further increase under the new UN mission in Timor-Leste.

“The remaining judges and prosecutors are working hard to handle the increased number of court cases,” Hasegawa said. “Once the new international judges and prosecutors arrive, judicial proceedings will be stepped up to address not only the pending but also newly emerging cases.”

SRSG Hasegawa then called upon all national and international judges, prosecutors and defense lawyers to uphold the principles of professional integrity, judicial impartiality and independence. He said that the safety and security of judges and prosecutors need to be enhanced in order to ensure the proper functioning of the judicial system.

For additional information, please contact: Donna Cusumano, Chief, Public Information Office, UNOTIL; +670 723 0749 or Spokesperson Robert Sullivan at 670 331-2210, extension 5165
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Daily Media Review Tuesday, 22 August 2006 National Media Reports

Prosecutor General Must Not Close Alkatiri’s Case - President of the National Parliament, Francisco ‘Lu’Olo’ Guterres said the Prosecutor-General will address the Parliament soon to explain the investigation results on former Prime Minister Mari Alkatiri in relation to allegations of guns distribution to civilians. Guterres told the Media on Monday that MPs are concerned with the investigation results regarding Alkatiri which has not been made public, adding that the MPs’ concerns are fundamental and just because the Prosecutor-General presents his report to the Parliament each year but this year he has not yet been called due to the crisis. ‘Lu’Olo’ said the results of the investigation process of allegations against Mari Alkatiri should be made available by now but for unknown reasons the Public Ministry keeps delaying it. The President of the Parliament stressed it is important for the results of the investigation to be made public for Mari Alkatiri to exercise his function as Member of Parliament and concentrate on legislation. According to Jornal Diaro Nacional, Francisco ‘Lu’Olo’ Guterres will also invite the Minister of Defence and the Minister of Interior to explain the security development of the nation starting from the crisis up to the present.

In a separate article, MP Francisco Branco (Fretilin) appealed to Parliamentarians with evidence in relation to allegations of some MPs’ involvement in arms assault, distribution of guns to civilians, and commands to attack the government food warehouse during the crisis, to report to the judicial sovereignty. According to Diario Nacional, Branco suggested the Parliament plenary session on Monday establish a Parliamentary Eventual Enquiry Committee to investigate MPs allegedly involved in the crisis. (TP, DN)

According to media reports Tuesday, a former Falintil member accused of being involved in May 25 incidents is currently under pre-trial detention as per Dili District court decision on Monday (21/80.
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UNOTIL Daily Media Review  19 Aug - Monday 20 Aug 2006 National Media Reports

Debate on Restructure of TL Defence Force and Police - Prime Minister Ramos-Horta said debate on the future of PNTL and F-FDTL, especially the future defence policy, will take place in the National Parliament with the participation of some entities including the civil society. The Minister stressed there will be restructuring for F-FDTL as a defence institution but not to the commanders, adding his Ministry has presented the restructure plans to the Council of Ministers for discussion before presenting it to the National Parliament. Following the weekly meeting with the President of the Republic on Friday (18/8) Ramos-Horta told the media that on September 14 he would hold a meeting with District Administrators and heads of villages regarding the allocation of the budget to the districts. He said the meeting would be held in Baucau and Suai. (TP, DN)

Public Defenders Should Be Active: Ramos-Horta - On Friday the Prime Minister visited Becora Prison where he met with prisoners to check on their living conditions. According to Ramos-Horta, the conditions have improved a little but he stressed that the government needs to look carefully into the situation to make sure the prisoners are treated with humanity. He also said the government would strengthen the security of the prison as a measure to prevent threats from outside. During the visit, the Minister also appealed to the Public Defender to work harder on pending cases because all are entitled to the right to defense in the courts. (TP)

Former Falintil Members Surrenders to International Forces - A former Falintil members from region III, known as Oan Kiak turned himself in to the international forces on Friday afternoon in relation to accusations related to May 25 incident. According to the commander of international police, Steve Lancaster, Oan Kiak has been accused of murder, possession of illegal weapons and other offences though none related to the shooting of PNTL officers in Caicoli. Lancaster who refused to reveal the place of the surrender said a member of F-FDTL accompanied Oan Kiak who gave himself up peacefully and said he will appear in court next week. The Commander of the international forces also said they are aware of other people currently the subject of arrest warrants and having been involved in the incident and he appealed to them to surrender peacefully like Oan Kiak has done.(DN, TP, STL)
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E Timor court rules leadership vote legitimate http://www.abc.net.au/news/newsitems/200608/s1716781.htm ABC News Online Last Update: Wednesday, August 16, 2006. 10:01pm (AEST)
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TV Monitoring News Report, 18 August 2006

Guarda Republicana Nacional (GNR) was handed over to the UN Security forces - Prime Minister, Dr.  Ramos Horta in his visit to the Becora Prison last week reportedly confirmed to the journalists that GNR will be under the UN Security forces. Dr. Horta stated that GNR will not be allocated as permanent guards at every post in Sukus and Aldeias but they will be part of the UN Security Force in the future.

In addition, Dr. Horta reportedly declared to the journalists that the government is working with the international forces to solve the ongoing problem. Asked about the provocation and stone-throwing among the youths in different places in Dili city, Dr. Horta stated that, “In fact the security in some IDP camps is sometime difficult but not serious. However, the provocation also sometimes comes from the IDPs themselves.” At the IDP camp of Jardim-Colmera, in front of the Hotel Timor IDPs started throwing stones at commuters Dr. Horta said. He also told the journalists that in conjunction with the International forces and members of PNTL, the government has planned to start securing one suburb (Bairru) by providing sufficient forces to begin the return of the IDPs who live in this suburb. Then, based on the progress, this process will be continued in other suburbs, he said.

Asked about the objectives of his visit to the Becora Prison, Dr Horta told the journalists that, “The Minister of Justice, Domingos Sarmento and I came to Becora Prison to visit the prisoners and to assess their conditions. Although the prisoners are condemned, they are still human beings who have human dignity as they are part of God’s creation. Not only that, but we also want to see the working conditions of the staff here who were really patient and worked very hard during the past three months. For this, we will compensate them in the future.”
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August 18, 2006 AFP officers arrest man over Dili violence - Australian Federal Police (AFP) in East Timor have arrested one of many alleged suspects behind the violence that erupted in Dili in late May. The former Falantil guerilla has been charged with murder and will appear in court next week. AFP officers say Oan Kiak has been wanted for weeks over a particularly violent incident in Dili on May 25. They allege he was part of an armed militia gang that drove into Dili's central market place and opened fire at random. Police have accused Kiak of killing a passenger in a delivery truck. They arrested Kiak today and charged him with murder and various other offences. He is the first suspect charged over the many deaths in Dili since the violence first flared in April. The United Nations (UN) is expected to send up to 1,600 international police to maintain security in the troubled nation. ABC

Electoral Law Presentation - Aderito De Jesus, Advocate of Human Right in an interview with RTTL said that the projected electoral laws written by the majority party (Fretilin) and opposition parties were to be presented to the public so that all people could get involved and contribute ideas. De Jesus said that everyone has the right to contribute ideas for the electoral draft law, because the election for the members of parliament is to represent the people. Cipriana Pereira, Fretilin bench in NP stated that as majority party we must present our policy. Mariano Sabino, General Secretary for PD Party stated that both draft laws -- from the majority party and from the opposition party -- are open to public opinion. RTTL News Monitoring Report 17 August 2006
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UNOTIL Daily Media Review 17 August 2006

PR Does Not Have the Capacity to Interpret Law: Alkatiri - The President of the Republic does not have the competence to interpret the law or he may interpret it but he cannot decide on legitimacy” said Mari Alkatiri during a press conference on Tuesday, following the court decision on Friday, ruling legitimacy of the re-election of Mari Alkatiri as Secretary-General and Francisco ‘Lu’Olo’ Guterres as President of Fretilin during the party’s second congress on May 17-19. On claims that Fretilin distributed guns and bought votes during the congress, Alkatiri said the decision of the Court of Appeals constitutes legitimacy for leaders of the party, namely Guterres and Alkatiri, to make claims of defamation against the party.

In a separate article in Diario Nacional, Alkatiri said there is only one Fretilin which has registered in the Court of Appeals. If other people want to create a new party, he said referring to ‘Fretilin Grupo Mudança,’ to enable them to run for the elections, that is fine or they have the option of voting for other parties. He added that Fretilin’s door is open to anybody who wants to rejoin the party with the intention of improving it and defending democracy and the rights of the state (direito de estado). He is confident, he said, that the party will win the 2007 elections.

Francisco ‘Lu’Olo’ Guterres said the decision of the Court of Appeals means ‘Fretilin Grupo Mudança’ has lost their claims and according to article 62 of the party’s constitution, an extraordinary congress can only convene by Fretilin Central Committee following a district meeting decision. (TP, STL, DN)

Interference on Court Decision - MP and spokesperson of PD, Rui Menezes said in order to have a transparent judicial process for former Minister of Interior Rogerio Lobato and former Prime Minister Mari Alkatiri, the Court of Appeals should distance itself from political intervention of CPLP (Communidade Países Lingua Portuguesa) panels. Menezes stressed the court must make the decision based on facts and without influence from CPLP panels, pointing out that most of the decisions of the court lately have political influence from CPLP. He said one example was the Court of the Appeals’ decision of Fretilin’s second congress as legitimate although many argued that the voting procedures were against the Constitution and political party laws. Commenting on Menezes’ claim, Vice-President of the Parliament, Jacob Fernandes said the decision of the court was based on the law currently in motion in the country.

In the meantime, the Director of Justice and Peace Monitoring Program Tiago Sarmento said there was a declaration by the Prosecutor-General in relation to allegations of guns distribution against former Minister of Interior Rogerio Lobato and former Prime Minister Mari Alkatiri but there has been no follow up on the status of this claim. Sarmento said it is imperative for the Prosecutor-General and the Public Ministry to explain to the population the dynamic process as everyone is following this case. He added that if the process is kept quiet, it will have a negative impact on the justice institution and on the situation if a similar case of instability occurs. (TP, STL, DN)
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UNOTIL Daily Media Review 12 Aug, Monday 14 Aug 2006

Confrontation Between Groups Leaves One Dead - According to Timor Post Saturday, the confrontation between two groups in Zumalai, Covalima sub-district has left one-person dead. Minister of Interior, Alcino Barris said police have identified one person dead following a confrontation between “Saka Izoladu” and “Kolimau” a week ago. Barris said members of the group “Saka” have fled to the jungle but that he believes that it won’t be long before they emerge as it is a dense jungle area and the group would not be able to cope too long under those conditions. He said the police are aware of who belongs to the group. He added that, following the incident, the population has become alarmed and fled the area. (TP)

TV Monitoring News, 14 August 2006

The Ministry of Justice reportedly will get US$ 4.6 Million in the General Budget of 2006/07 - The Minister of Justice, Mr. Domingos Sarmento reportedly told journalists that there would be US$ 4.6 millions allocated to the ministry of justice according to the General Budget that is currently being discussed in the National Parliament. It was reported that US$ 329.000 will be allocated for the Prosecutor General and US$ 404.000 will be for salaries & wages and equipment in this ministry. It was also reported that with this amount of money, the ministry would purchase three special cars for the three prisons, Gleno, Baucau and Dili.
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East Timor's parliament passes delayed 315 mln dlr budget - 09-08-06 East Timor's parliament has passed the 2006-7 fiscal year budget, the young nation's largest ever at 315 million dollars, after a delay caused by violence and political upheaval in May. East Timor's fiscal year began on July 1, days after Mari Alkatiri stepped down as prime minister in the wake of deadly unrest sparked by the dismissal of some 600 soldiers who deserted complaining of discrimination.

Nobel peace laureate Jose Ramos-Horta was sworn in to replace him last month and is leading a government that will rule until elections in May next year. Ramos-Horta has already presented the government's planned program to parliament, which focuses on stimulating Asia's poorest economy through infrastructure projects.

Sixty-six members of the 88-seat parliament voted in favour of the budget, which is 121 percent higher than last year. Two voted against.

The government will also tap into 100 million dollars provided by international donors, an increase of 300 percent on 2005-6. "With the 66 votes for, two against and zero abstaining, it was a true, good process and the prime minister has already said that the government promised to implement this budget," deputy prime minister Rui Araujo told reporters.

Of the expenditure, 122 million will be for goods and services and 120 million is slated for capital development, a government statement said.

Ramos-Horta plans a meeting with all district and subdistrict heads at the end of August to discuss kickstarting the economy.

East Timor's economy grew by 2.3 percent last year, up from 0.4 percent in 2004. About 40 percent of the population lives below a poverty line set at 55 cents a day, according to United Nations figures. Despite the millions of dollars expected to flow from its rich reserves of oil and gas in the coming years, the UN has warned that the income is fraught with uncertainties and the country still needs financial support from donors.

May's violence left at least 21 people dead and forced 150,000 to flee their homes. The refugees remain in camps, too afraid to return home despite the presence of some 3,000 international peacekeepers in the nation. It was the worst unrest to hit East Timor since it gained independence in 2002, after a 1999 vote to breakaway from neighbouring Indonesia which ruled it for 24 years. Agence Presse-France August 9, 2006
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RTTL news headlines (08-08-06)

MP Leandro Isac submits complaint to Provedor - Yesterday MP Leandro Isac went to Provedor office to submit a complaint of abuse power by the authorities. Speaking to press MP Leandro Isac said he has counting with his fingers and the total of amount of tax money that should have gone to the government treasury, but did not, is between $700.000 and $1.000.000. This amount was not submitted to the government bank account. Meanwhile the Provedor for human rights and justice, Sebastião Dias Ximenes has stated that since the Provedor office opened on 20 March 2006 they have received around 75 cases. Amongst these cases are; human right violation, 20 cases of maladministration and 5 cases of corruption.
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JUDICIAL SYSTEM MONITORING PROGRAMME PRESS RELEASE 07 August 2006

Weaknesses in the prosecution of a serious crimes suspect - On the 2nd August a panel of judges at the Dili District Court acquitted Manuel Mai, who was charged with serious crimes committed in 1999. The defendant was alleged to have been a member of a militia group in the Bobonaro District. The defendant, who had been in detention for one year, was accused of committing serious crimes in the Cailaco region, Bobonaro District between the 14th and the19th April 1999. He was accused of committing three crimes against humanity, namely the murder of two civilians, the forcible transferof civilians, and damaging and destroying homes.

However, after reading out the indictment and examining the witnesses, it was not possible to  prove that the defendant committed the alleged acts. For instance:

a. There was a mistake in the indictment which claimed that the defendant was a member of the Dadurus Merah Putih group, whereas in fact it appeared that he was a member of the Harmoi and Halintar groups. The defendant claimed that he was forced by the Bobonaro District Police Unit to confess to all charges, including the fact that he knew several members of the Dadurus Merah Putih group.

b. Two witnesses gave testimony. Both were civilians who lived near the place of the alleged crime.  However neither of the witnesses knew the defendant and or knew about any acts committed by him.

c. No other witnesses were presented, for instances members of the East Timor Police Force (PNTL) who conducted the investigation after the defendant was arrested. JSMP believes that the PNTL Investigative Unit should have given testimony to cross-reference the findings of the investigation with statements made by the defendant in court.

JSMP also notes that there appears to be a further flaw in the indictment in that it alleges a crimes against humanity based on property damage. JSMP does not understand what the legal basis for such a crime is, since it is not included as a crime under section 5 of UNTAET Regulation 2000/15, which defines crimes against humanity for the purpose of prosecuting serious crimes in Timor-Leste.

JSMP respects the court’s decision. However it is concerned by the significant flaws in the prosecution’s case. These appear to have been due reliance on evidence gained through duress, an insufficiency of other evidence, and poor decisions regarding the presentation of evidence at trial. JSMP hopes that all future investigations and examinations will be conducted properly and that the rights of defendants will be taken into consideration, including the right to remain silent under article 60(c) of the Criminal Procedure Code, and the right to be considered innocent until proven guilty by a court of law under article 34(1) of the Timor-Leste Constitution. The PNTL and the Prosecution Service should coordinate with each other throughout the trial process and all relevant witnesses in a case such as this should be given the opportunity to provide testimony in accordance with the applicable criminal procedures.
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UNOTIL Daily Media Review Monday, 07 August 2006 National Media Reports

PR appeals to the youth for peace + Reconciliation must begin with Xanana and Taur - After the arrest of Major Alfredo and his followers, there has been fighting between youth groups in Dili for the past three days. President Xanana Gusmao has appealed to the youth for calm and to contribute to efforts to restore peace and stability in this country, so that Timor-Leste may not lose its dignity as a nation. “I appeal to all youth in Timor-Leste to stay calm and maintain national unity and restore peace in this country”, said Xanana. He further stated that this government is trying to find the best solution to help people emerge from the crisis through to national reconciliation.

In a separate article, PDN MP Juliao Mausiri told the media that national reconciliation must begin with Xanana Gusmao and Taur Matan Ruak because they were not united in dealing with the petitioners’ case. “People were not fighting before, so they should not be blamed; if Xanana and Taur promote reconciliation between themselves, there will be no problem among the people”, said Mausiri. (STL,TP).

PM will have regular dialogue with political parties + Political parties will have subsidies + Government will buy more guns - After attending PD’s National Congress, Deputy Prime Minister Dr Rui Araujo told the media that the government has plans to buy more guns and ships for the F-FDTL in particular for the Marine Unit. “The budget has been approved by the National Parliament and the money will be allocated to the Ministry of Interior to implement it but only when the F-FDTL has been reformed”, said Araujo. There are many MP’s complaining about this matter because they believe that it will create more problems but Araujo said that it is necessary to increase the capacity of the F-FDTL to act in a professional manner (STL, TP).

Members of PNTL who committed crimes must go to court - After meeting with Prime Minister Ramos-Horta at the Ministry of Interior, PNTL Commander Paulo Fatima Martins told the media that members of PNTL who committed crimes must go to court according to the law of this country. “I appeal to all members of PNTL that anyone who has committed crimes please present these to the court and that those who are innocent please return to PNTL to continue their job” said Martins. Martins further added that he and other commanders of the PNTL have been investigated and if found guilty they will take responsibility for the crimes they have committed according to the law.

RTTL news headlines from 06 August 2006

PM Horta provides statement at the office of Prosecutor General - On Friday 04 August Prime Minister Horta provided a statement to Prosecutor General regarding distribution of weapons by former Prime Minister, Mari Alkatiri. Speaking to press Prosecutor General, Longuinhos Monteiro stated that PM Horta responded to ten questions and “we still have one reserve witness who is going to give his testimony in the case but probably we aren’t’ going to use the witness because we have enough data.”

UN Report Condemns E Timor Justice 11:44 AM, 06 Aug 2006 - The United Nations Secretary General has repeated a call for punishment to be meted out for crimes committed during East Timor's independence referendum in 1999. In a report to the Security Council, Kofi Annan says there should be no impunity for crimes against humanity, gross violations of human rights and grave breaches of humanitarian law. The report says 1339 murders during 1999 were investigated, but only two fifths of those produced indictments inside East Timor, and there were trials in only a quarter of those cases. It says Indonesia, which in some cases assisted in the killing, later put 18 people on trial but 17 were acquitted on appeal. East Timor's renewed violence this year, which the UN says killed at least 37 people, is the subject of a separate UN inquiry now underway. (www.newswire.co.nz)
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UNOTIL Daily Media Review 03 August 2006

One Person Injured Following Attack - One person was injured and two kidnapped by an armed civilian group following attacks to the population in Holbese village, sub-district of Bobonaro. Minister of Interior, Alcino Barris told the media he received information from PNTL commander in Bobonaro saying an armed civilian group threatened and attacked people in that area but PNTL is currently investigating the case and Barris believes the culprits will eventually be captured. The injured person is receiving medical treatment in Maliana hospital. (STL)

Court Must Be Fair With Major Alfredo - Unidade Juventude Transparensia Justisa (UJTJ) requests the court to carry out a just process regarding Major Alfredo Reinado’s case in order to avoid ‘mafia law’ in the justice system in Timor-Leste. During a meeting with President Gusmao on Tuesday (1/8) the youths stressed they want a transparent process that will reveal those responsible for the crimes committed during the crisis and the leaders who have distributed guns and ammunition to the population to kill each other. According to the group, youths were the victims of 28 April and 25 May and they demand that the State be responsible for those cases, and that the justice system urgently make a decision and condemn those responsible for the distribution of weapons. They also asked for clarification from Prime Minister Ramos-Horta regarding his statement that “youths with long hair, unwashed are the ones burning and looting.” The youth also made an appeal for those who have burned houses not to continue hiding in the IPDs camps but to give themselves up as is just. They also want a government team to visit the camps and persuade those people whose houses have not been destroyed to return home. (TP)
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UNOTIL Daily Media Review  02 August 2006

TL’s Brigadier General and Former Minister Presents Statement - In relation to the allegation of distribution of weapons to civilian groups, the former Minister of Defense Force Roque Rodrigues and Brigadier General Taur Matan Ruak presented their statements to Prosecutor General Longuinhos Monteiro and international prosecutor Luis Mota Carmo on Tuesday. After their statements were heard, Monteiro told the media that “both of them only gave statement in relation to the weapons distribution and they answered all the questions we gave them”.

MP Rui Menezes from PD party asked all ministers from the old cabinet under the leadership of Mari Alkatiri to be investigated in relation to the creation of militias and distribution of weapons to civilian groups which resulted in the displacement of many people who continue to live in makeshift camps. “For this new government to gain credibility, an investigative process must be carried out with the old members of the cabinet” said Menezes. (TP, STL)

Youths Ask President for Justice - Dili districts Youth representatives met with President Xanana Gusmão seeking justice. DN reported that the youth demanded justice to establish reconciliation so that the population can reach out to every suburb. A youth representative from Cristo Rei District, Joao Choke, told a DN reporter that “there will be no reconciliation without justice because justice is really important to resolve all the problems that occurred in this country so people can join their hands together, live in peace and now forget the issue of east/west”. (DN)

PNTL and F-FDTL Reformation under Process - Prime Minister Ramos-Horta told the National Parliament on Tuesday that PNTL and F-FDTL is currently going through a reformation process. The Minister of Interior and President of the Republic are the ones responsible for the process, Ramos-Horta said adding that it is a complex matter and will take a few months before the two institutions become active. During the plenary session of the Parliament, Ramos-Horta also said he spoke to around 600 IDPs of Metiaut area and asked them to return to their homes. He further said he will organize a dialogue between F-FDTL and PNTL institutions about the current situation and stressed that the judiciary system has now recommenced its function independently and impartially but the whole process would take time. The PM said that the international forces have started setting up permanent posts to provide assistance to the population and that the government wants to work together with international NGOs, youth groups and community leaders on open dialogue in Dili suburbs.

In a separate article, Minister of Interior, Alcino Barris said around US$9million would be further allocated to PNTL, adding that 80 percent of last year’s budget has been executed.

Diario Nacional reported that all PNTL officers in Baucau have handed in their guns to the international forces that are now in that area. (STL, DN)
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UNOTIL Daily Media Review 1 August 2006 National Media Reports

PM Ramos Horta: Don’t Obstruct justice or International troops - In response to the protestors who demand the release of Alfredo, Prime Minister Jose Ramos Horta told the media that Alfredo’s case is now in the hands of justice as is the case of former Minister of Interior Rogerio Tiago Lobato. Horta appealed to Alfredo’s supporters who want to protest on the street to free Alfredo that they do not obstruct the justice and if they do so it means they are against state and international troops. “People insist on justice and let’s not interfere with justice. I appeal to all of you to trust the justice system and also to trust the international commission inquiries to do their job” said Horta. (STL)

PM Horta presents Government’s programs to PN - Prime Minister Ramos Horta presented the government’s programs and budget plan for fiscal year 2006/2007 to National Parliament yesterday. Horta said that the programs he presented to National Parliament are based on a national development plan which majority of Fretilin parliamentarian defends and represents people’s vision. Horta further stated that the objectives of the government plans are to create national reconciliation and humanitarian programs, also for reformation of institutions of PNTL and F-FDTL to maintain stability in this country. (STL)

Alcino Barris: Guns for PNTL together 2.483 + Paulo Martins still the commander of PNTL - Minister of Interior Alcino Barris told the media at National Parliament after National budget discussion that PNTL has 2.483 big guns and more than 2000 pistols. Barris said that he still doesn’t know how many members of PNTL have already handed weapons to international troops because international troops are still doing inspection of all weapons in Timor-Leste. “The inspection started from Maliana, Ermera, Liquica and other districts on how many guns still in the hands of members of PNTL” said Barris. He appealed to all members of PNTL or civilians who still carry weapons to hand them over to international troops or National Police headquarters. “It is a crime if any members of PNTL does not want to hand over weapons and we will process them according to law” said Barris. In response to reformation of PNTL, Barris said that Paulo Martins is still the commander of PNTL “if no reformations in PNTL, Paulo Martins still the commander under old PNTL structure” said Barris. (S

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