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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.

Friday, June 29, 2012

Timor-Leste Legal News October 2006

UNMIT Daily Media Review  31 October 2006

We Will Not Capture Commander Ruak: Rerden - The Australian Stabilisation Forces Commander, General Rerden has denied information that his men had detained F-FDTL Brigadier General Taur Matan Ruak. Rerden said there was a checkpoint where Brigadier General Taur had to wait for 10-15 minutes because the Australian forces at the checkpoint are not aware of or do not know him. The Australian Commander continued to state that the hold up was also due to the number of cars in front of the vehicle of the Head of Timor-Leste’s Defence Force. But as soon as he was identified as the Chief of the country’s forces he was allowed to continue on his trip. Rerden said he would meet with F-FDTL Brigadier General to discuss the concerns the Timorese armed forces are facing. He further said he rejects the quest for an investigation into Australian forces services, adding it is unnecessary because it is not a military procedure.

If the population or government receives any information in relation to any illegal action, the Australian commander said it should be directed to UNPOL to investigate with the army’s full support. Malcolm Rerden pointed out that his men have been working professionally and impartially, stressing the Australian and New Zealand forces were in the country at the request of the Timor-Leste government to bring peace to the people. Despite the crimes, Rerden said everybody detained by the Australian Forces are treated equally and anyone detained by them has never been dropped in the middle of the road or late at night. Except in zones considered neutral, the detainees are likely to be taken to detention centres under the responsibility of UNPOL.

During the press conference held on Monday at the Australian forces headquarters, Malcom Rerden said they would continue to search for Alfredo Reinado and those who escaped from jail on August 30. He said his forces would defend themselves if Alfredo shot at them as stated earlier, adding that the forces are already located in the area where Alfredo Reinado is hiding. Malcolm Rerden is replacing commander Mick Slater who has left the country. (STL, TP)

Major Alfredo Must Contribute To Peace: Ruak - F-FDTL Brigadier General Taur Matan Ruak has appealed for Alfredo Reinado to cooperate and contribute to the peace of the nation through justice. Ruak said he has not been in touch with Alfredo but he is aware that Australian Forces commander Mick Slater and Bishop Belo met with Alfredo, which is a step forward. In the meantime, Alfredo stated he is ready to appear in court when the time comes, stressing there should be no short cuts to the cases and that the incident of 28 April should be resolved before proceeding to the cases of May 3. Reinado further said he would take full responsibility for any action of his members. Two prisoners who fled with Reinado have reportedly returned to prison.

MP Clementino Amara (KOTA) said Taur Matan Ruak’s appeal may help decrease the violence between youths since he is well known among youths from the resistance period. (STL, TP)

Reactivation Of F-FDTL
Prime Minister and Minister of Defence Ramos-Horta said he cannot comment on the demands of F-FDTL Brigadier General Taur Matan Ruak in relation to the behaviour of the Australian Forces services in the country. Ramos-Horta said in order to improve the security situation he would need to first consult with all members of the government including the F-FDTL commander and the President of the Republic to reactivate the national armed forces. He said F-FDTL already has the political conditions to reactivate following the report of the COI, which indicates that the accusation against F-FDTL about carrying out a massacre is false.

In relation to allegations of discrimination within the national army, Lieutenant Colonel, Falur Rate Laek told the Notable Commission that he used the words ‘loromonu did not participate in the war’ sometimes when he was angry. Falur said even to the veterans he used to say ‘how much did you fight in the jungle?’ And these terms were also used when they joked with each other. A press communiqué issued by the Commission noted that when Lieutenant Colonel Falur speaks, sometimes he doesn’t know when to stop and this could be a problem when people who do not know him but despite this he has a good heart and good intentions.

Lere stated that the selection process in Aileu did not look into age or education. They focused mainly on the state of health and the veterans who did not participate in the selection process did so of their own accord because they wanted to retire and rest. The Commission will further meet with other members of the defence forces to cross check the data received. (STL, TP)
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TLGOV: Opening Speech on the Penal Procedure Conference for the Justice Sector  by "Lu-Olo" 30/10/2006 - Please find attached the English version of the speech delivered by the President of the National Parliament, Mr. Francisco Guterres "Lu-Olo", in occasion of the opening session of the conference  "Jornadas de Processo Penal para o Sector da Justiça em Timor-Leste".
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President of the National Parliament Opening Speech on the Penal Procedure Conference for the Justice Sector Ladies and Gentlemen, distinguished guests and participants,

I am very honored by the invitation to preside the opening session of this conference with a few opening remarks.

I shall be brief, as for professional reasons inherent to my institutional representation, I was not able to analyze the issue at stake in this event in a more detailed manner as I would have wished so.

The recent approval and entry in force of the Penal Procedure Code, so vital for the court actors, is an essential piece of legislation required to complete the jus-criminal framework of the State, as prescribed by our fundamental law.

In response to the constitutional requirements on penal procedure law, the law currently in force contains all the sacred principles demanded from such a diploma, principles that were still not sufficiently and clearly stated in the previous and less complete UNTAET regulation.

I would like to underline the following principles ruled, expressly or implicitly, in the new penal procedure code:

- The competence and precedence of the law in the definition of crimes and respective punishment, in harmony with the universal and constitutional principle, nullum crimen sine lege e nulla poena sine lege;

- The prohibition of being trialed twice for the same criminal offence (non bis in idem);

- The principle that criminal law cannot be enforced retroactively, except if the new law is in favor of the accused;

- A significant and sufficient number of guarantees of the accused in the criminal proceedings;

- The exceptional character of measures depriving personal freedom regarding restrictive measures prior to the trial;

- The exclusive competence of the Prosecution Services to direct the investigations and conduct the inquiry phase as well as the accusatory principle in court;

- The power of free inquiry of the trial judges under the principle of freedom of evaluation of the evidence, the disclosure of the objective truth and the good decision of the case.

- The requirement of trials to be conducted orally before the court in respect of the contradictory rule

I am pleased to see that the phases of the penal process have been simplified in this Code, resulting in only one common procedure and one special summary procedure for minor crimes under flagrante delito (caught in commission of the crime).

It is true that somehow we started the process by the procedural side instead of the substantial penal law but this diploma is another step in the gradual process of revoking the law of the transitional administration still in force in Timor-Leste as well as the subsidiary Indonesian law.

I am convinced that once the democratic institutions are regularly functioning, the violent incidents that our country recently faced will not be reason to delay the quick approval of the other legal diploma so crucial to the system: the Penal Code and misdemeanors legislation.

Regarding the recommendations on the strengthening of the judicial system of Timor-Leste from the report of the special commission of inquiry, much spoken recently, its fragility must not be used as an excuse for the replacement of the Portuguese speaking magistrates. These magistrates are very well prepared to trial on the basis of the civil legal system, system that we have chosen for our country. The strengthening of the judicial system in my opinion entails:

-         Reinforcement of the technical advisories;

-         Increase the number of magistrates with good lusophone professionals regardless of their country of origin;

-         To provide the courts with financial resources as well as required material and logistic means

We should not misrepresent this issue by drawing conclusions from false assumptions, concocted by those whose aim is to discredit the judicial magistracy and who will stop at nothing to achieve their dark aims.

I would like to congratulate the judges working in the Court of Appeal and in the district courts for the independence and impartiality they have demonstrated in the performance of their functions. I do not give any credit to the false accusations of partiality and permeability to political pressures that some organizations and the media have been propagating. And I strongly condemn those unfounded attacks to the Timorese magistracy and the honor of the judges, attacks inconsistent and intellectually dishonest.

Timor-Leste needs courageous and competent people with exemplar professional ethics. This is a pre condition to safeguard the sovereignty of our nation, for the rule of law and to ensure a credible delivery of justice on behalf of the people.

Thank you very much!
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Australia has failed: Timor army chief Lindsay Murdoch in Dili October 28, 2006 Sydney Morning Herald - THE commander of East Timor's army has called for an investigation into the behaviour of Australian troops in Dili, including claims they have taken sides in the conflict that plunged the country into violent upheaval.

Brigadier-General Taur Matan Ruak also called for Australia's troops to be put under United Nations command, saying their mission had obviously failed because six months after they arrived in the country Dili "looks like cowboy city".

Violence has escalated in Dili, with at least eight people killed and many injured in attacks this week, including two youths stabbed to death in a gang attack on Dili's waterfront yesterday.

"I am asking for an investigation so that the prestige of the Australian force can be recovered," General Ruak told the Herald in a rare interview.

"The reality is there have been a lot of accusations made. There are a lot of rumours going around. There is an enormous perception [that Australians are taking sides] and now it needs to be made clear that it doesn't exist."

Australia's commander in Dili, Brigadier Mal Rerden, strongly defended the behaviour of his 1000 troops, saying that in the past few days there had been an orchestrated campaign targeting the Australians to try to force them to leave the country.

"I think there are elements out there who have their own agenda, and there are criminal elements who prefer not to have a neutral professional force on the ground to control them," Brigadier Rerden said.

His force is trying to find out who was behind the rumours that have provoked gangs to throw rocks at Australian police and troop vehicles.

General Ruak said he would make a written submission to the East Timorese Government calling for "state bodies" to conduct the investigation.

Having Australian troops and UN forces under different commands had failed, he said.

"One says to go up and one says to go down," he said. "When dealing with a conflict there should only be one commander."

Australia lobbied strongly in the UN to keep command of its troops in Dili, despite objections from many countries. The UN is reviewing the arrangement, which Brigadier Rerden strongly defends.

General Ruak said his command's relations with Australia's commanders had collapsed. He said he had twice been held for up to 45 minutes by Australian troops at checkpoints, even though he was in uniform and carried papers authorising free movement.

Brigadier Rerden said he was aware of one occasion where General Ruak was held for 10 minutes while his identity was checked.

The UN will soon have 1600 international police, including 200
Australians, and 500 civilian personnel deployed in East Timor to help quell violence and organise elections next year.

On Thursday General Ruak issued a statement calling for an East Timorese parliamentary committee to investigate what he said had been a coup to bring down the government of Mari Alkatiri, to force the formation of a government of national unity.

He also said that a UN inquiry into the violence had failed to consider political issues.

The inquiry recommended that General Ruak be prosecuted for distributing weapons to civilians.

The Prime Minister, Jose Ramos-Horta, has stood by General Ruak, issuing statements reiterating his "full confidence in him and his leadership".
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Three bodies found on Timor beach October 27, 2006 12:00 Article from: Agence France-Presse - UN POLICE patrolling East Timor found three dead bodies on a beach in the capital today, in a week where gang clashes left two people confirmed dead and closed the main airport "This (Friday) morning around 8:30 am (2330 GMT Thursday), we found three bodies,'' a UN policeman from Australia who declined to give his name said.

He said a fourth man was found alive but badly injured on Kelapa beach, which lies across from the Malaysian Embassy in seaside Dili. "We don't have any further details on how, why or when they died ...(or) who they are,'' he said, adding the men were not carrying any identification. Witnesses said the men were fishmongers from eastern East Timor.

Gangs aligned along east-west geographical divisions have sporadically clashed in the capital for months, but unrest escalated sharply this week. Fighting erupted at a refugee camp near Dili's international airport late Tuesday and continued early Wednesday, leaving two people dead according to UN personnel.

Australian Foreign Minister Alexander Downer had earlier said the toll could have been four. The fragile security situation has persisted despite the arrival in May of Australian-led peacekeepers, who were deployed to stabilise the tiny nation as it spiralled into chaos amid violence between security force factions.
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United Nations Integrated Mission in Timor-Leste Daily Media Review 27 October 2006

Australian Aid To Prosecutor General’s Office - The Australian government through its aid agency AusAid has donated office equipment to the Prosecutor’s General office worth US$25 thousand dollars. Robin Scott, AusAid advisor for the development and cooperation in Timor-Leste, said the donation would help the Public Ministry to continue its work since some of the equipment was stolen and damaged during the recent violence. (TP, STL)

Combined Team To Investigate Escapees - The Ministry of Justice has established a Commission to investigate the 57 prisoners who escaped Becora jail on August 30. The Vice-Minister of Justice, Isabel Ferreira, heads the team, which is composed of members from HAK Association, UNPOL, and UNMIT human rights unit. The Commission was established following a dispatch by the Ministry of Justice to investigate if prison guards were involved in the escape of the prisoners. To fulfil the recommendations of the COI report, the Ministry of Justice has requested UNDP to recruit more international judges, prosecutors, defenders and interpreters. The Ministry has also established a team to look into equipment needed by the court and the jail.

Acting SRSG Finn Reske-Nielsen said UNMIT and the International Community would continue to support Timor-Leste’s judicial system. According to Reske-Nielsen the country’s court is still fragile as per the recommendations of COI, hence the international community must provide assistance.

Domingos Sarmento, Minister of Justice said some recommendations of the COI report in relation to the judicial system that it still is weak, are not in pursuance with the RDTL Constitution and are based on rumours (STL, TP)
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RTTL news headlines 27 October 2006

The Commission of the Investigation for the case of the fugitive of 57 prisoners officially submitted their report to the Ministry of Justice - Yesterday, the Commission of Investigation that has been established to investigate the involvement of the prison guards in the escape of the 57 prisoners reportedly submitted their findings to the Ministry of Justice. One of the findings stated that the commission did not find any direct involvement of the prison guards in the escape plan, but it was found that the prison guards did not follow the regulation applied in that prison. However, in response to these minor infraction findings, the Minister of Justice reportedly promised to take the recommendations into consideration to improve the whole judiciary system including the quality of management, administration, training, and security.

Ministry of Justice and UNDP held a three-day conference to discuss the process of Penal Code of Timor-Leste

In conjunction with UNDP, Ministry of Justice reportedly hosted a three-day seminar to discuss the East Timor Penal Code. Among the issues discussed were the roles of Prosecutor General, Judges, Private and Public Defense Lawyers. Speaking to the journalists after the first day seminar, Claudio Ximenes explained that East Timor would start to use its own Penal Code soon. Hence, we divulged the matters for the judiciary actors, including judges, prosecutors and defense lawyers particularly those who have just finished their training.
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Justice Sector Promotes Training on the Penal Procedure Code for Private Lawyers October 26,2006 - Timorese lawyers and law students are this week undergoing vital training in criminal procedure

A one and half day workshop will be held on the 26 and 27 of October 2006 aim at strengthening awareness of the rules by which criminal cases are handled. This event is an initiative of the Ministry of Justice's Legal Training Center with the support of the UNDP Justice Program.

Promoting legal awareness on the new laws of Timor-Leste and train the justice sector professionals is part of the mandate of the Legal Training Center. Along with other similar initiatives, the aim is to help capacity development of Timor-Leste's legal profession, divulge the new laws of the country and thus contribute to the confidence in the justice system.

Some of the main topics of the Conference are "Competence and Legitimacy of the Prosecution Services in the Penal Procedure", "Role of the Judge in the Criminal Procedure" and "Role of the Defense in the Criminal Procedure". Presentations were prepared and will be conducted by probationary Timorese Judges, Prosecutors and Public Defenders with the support of the Legal Training Center lecturers.

Capacity development is part of the overall strategy of the Justice System Programme. "There is no short cut to rule of law. But high standards of professionalism start with good training, and that's what this workshop is all about," said Finn Reske-Nielsen, Acting head of UN Integrated Mission in Timor-Leste and UNDP Resident
Representative.

"This workshop will contribute to increase knowledge of the law that regulates the relations between the actors of the judicial system - courts, prosecutorial branch and defense lawyers - an extremely relevant theme in the context that the country is currently going  trough", said Domingos Sarmento, Minister of Justice.

The conference will be held on the 26 and 27 of  October at Hotel Timor. The opening ceremony will be presided by the President of the National Parliament, Mr. Francisco 'Lu-Olo' Guterres in the presence of the Minister of Justice, the Acting SRSG and UNDP Resident Representative, as well as the Chief Justice and the Prosecutor General.
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2006 UNMIT MEDIA MONITORING Thursday, 26 October

Violence outbreak in Dili - According to national media, violence broke out again on Wednesday between IDPs and youths living nearby the Comoro area. One youth was shot in the head and later died in hospital. There are no confirmation of who shot him. It is reported that two Australian Federal Police cars were damaged and three houses burnt during the clashes. The situation, which started on Tuesday, returned to calm by 2pm Wednesday. MP João Gonçalves, (PSD) asks the security authorities to thoroughly investigate who is supporting and organizing the groups that continue to create problems. Gonçalves believes a third party is involved in the violence, as the youths do not have the money to purchase alcohol. Youths have reportedly been under the influence of alcohol when engaged in acts of violence. According to João Gonçalves the government cannot fully implement the program ‘simu malu’ and achieve its objectives due to the constant recurring violence. (TP, STL)

F-FDTL available to expose everything - Brigadier General Taur Matan Ruak has expressed the F-FDTL’s willingness to avail themselves to participate in the investigation process to expose everything related to the crisis, reported the media on Thursday. During a press conference held in Baucau on Wednesday (25/10) the General said he proposes the establishment of a Parliamentary Commission to further the investigation in order to try and balance the version of logic and the reality, adding that the establishment of commissions is better in order to balance the investigation. The Brigadier General handed the COI report to the soldiers in Baucau on Wednesday. (TP)
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UNDP PRESS RELEASE PORTUGAL AND UNDP SIGN TECHNICAL COOPERATION PROTOCOL TO IMPROVE THE COURT AND PROSECUTION ADMINISTRATION 26 October 2006 A protocol of Technical Cooperation to support the justice sector was signed today between the Government of Portugal and UNDP Justice Program. Under this protocol, the justice program will receive six court and prosecution clerks that will perform functions in the Courts and Prosecution Services in Timor-Leste. The clerks, expected to arrive on the 3rd of November, will provide mentoring and professional training for Timorese Court and Prosecution clerks and assist in the administration of the judicial system.

These experts are employees of the Prosecution Services and Courts in Portugal and are coming to support the work of the Timorese judicial institutions regarding court administration and case management. UNDP will cover the daily allowances during their assignment in Timor. This agreement is a significant step in the strengthening of the judicial system.

The protocol was signed by the Ambassador of Portugal, João Ramos Pinto, and by the Acting SRSG and UNDP Resident Representative in Timor-Leste, Finn-Reske Nielsen, in the presence of the top representatives of the justice institutions of Timor-Leste.
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JSMP 26 October 2006 PRESS RELEASE JUSTICE SECTOR PROMOTES TRAINING ON THE PENAL PROCEDURE CODE FOR PRIVATE LAWYERS - Timorese lawyers and law students are this week undergoing vital training in criminal procedure

A one and half day workshop will be held on the 26 and 27 of October 2006 aim at strengthening awareness of the rules by which criminal cases are handled. This event is an initiative of the Ministry of Justice's Legal Training Center with the support of the UNDP Justice Program.

Promoting legal awareness on the new laws of Timor-Leste and train the justice sector professionals is part of the mandate of the Legal Training Center. Along with other similar initiatives, the aim is to help capacity development of Timor-Leste's legal profession, divulge the new laws of the country and thus contribute to the confidence in the justice system.

Some of the main topics of the Conference are “Competence and Legitimacy of the Prosecution Services in the Penal Procedure”, “Role of the Judge in the Criminal Procedure” and “Role of the Defense in the Criminal Procedure”. Presentations were prepared and will be conducted by probationary Timorese Judges, Prosecutors and Public Defenders with the support of the Legal Training Center lecturers.

Capacity development is part of the overall strategy of the Justice System Programme. "There is no short cut to rule of law. But high standards of professionalism start with good training, and that's what this workshop is all about," said Finn Reske-Nielsen, Acting head of UN Integrated Mission in Timor-Leste and UNDP Resident Representative.

“This workshop will contribute to increase knowledge of the law that regulates the relations between the actors of the judicial system - courts, prosecutorial branch and defense lawyers – an extremely relevant theme in the context that the country is currently going
trough”, said Domingos Sarmento, Minister of Justice.

The conference will be held on the 26 and 27 of October at Hotel Timor. The opening ceremony will be presided by the President of the National Parliament, Mr. Francisco 'Lu-Olo' Guterres in the presence of the Minister of Justice, the Acting SRSG and UNDP Resident
Representative, as well as the Chief Justice and the Prosecutor General.
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United Nations Integrated Mission in Timor-Leste  Daily Media Review 25 October 2006

Parliament Must Issue Resolution Recommendations - The Human Rights Monitoring Network issued a statement welcoming the COI report and urged the competent bodies to continue with the legal process as recommended by the commissioners. The group wants the National Parliament to take immediate action with a resolution on the recommendations. The statement says the resolution would be a step to strengthen the Public Ministry to carry out criminal investigations on those allegedly accused as per the COI report and also investigate other cases involving the shooting of a woman and man in different parts of Dili. FNJP wants Rogerio Lobato’s case to be delayed by the court and handed over to a special panel. PSD issued a proposal to the Parliament plenary session on Monday to establish an Ad-Hoc tribunal to process the trial for those responsible for the recent crisis. Jose Reis, Fretilin Deputy Secretary General said the party’s Central Committee will convene to politically discuss the report of the COI. According to Reis, the report has not included many factors, adding he will not reveal further until the discussion is concluded. (TP, STL)

Priest Laments Assault on the Church - Dili Diocese spokesperson, Fr. Domingos Soares, who is also known as Domingos Maubere, has lamented the actions of some groups for destroying the church in Aimutin, pelting and killing a churchgoer. Fr. Domingos appeals to the population to respect each other and to sit and talk if they have any problems rather than opt for violence. The priests said the church does not blame the youth who are following orders, adding he heard there are allegations of people paying five dollars for throwing rocks and seven dollars for injuring one and twenty dollars for killing. Therefore he appealed to the authorities to investigate the organized groups behind such allegations. (STL)

Australian Police Unable To Confront Violence - Political and military observer, Julio Tomas Pinto said the government of Timor-Leste must do an evaluation on the international police, especially Australian police and military for not taking any action in many incidents they have participated in. Tomas said the recent disturbances of rock throwing in Aimutin, both the military and police of Australia only observed. They did not take any prevention to the violence, and it shows they do not have the capacity to help the people of Timor-Leste, said Pinto. He also said the Australians came not to face violence and it is likely that due to their respect for human rights, they do not want to use violent methods. (TP)
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RTTL Headlines 25/10/2006

National Front for Justice and Peace (FNJP) held a press conference to state their position on the CoI report and their demands for further action - Victor do Santos, Secretary General of FNJP at a televised press conference on Monday, 23 October 2006 reportedly declared that FNJP was happy with the report but urged that the government and state should improve the East Timor justice sector in implementing the report’s recommendation. This includes the recruitment of new international judges, prosecutors, and defenders as recommended in the report. FNJP also urged the government and state to establish a special panel to prosecute the actors of the on-going crisis.
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Peacekeepers brought in after fresh violence in East Timor  ABC News Online 22/10/06  http://www.abc.net.au/news/newsitems/200610/s1770680.htm
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Outbreak of violence halted in East Timor Agence France-PressePublished: October 22, 2006 DILI, East Timor United Nations peacekeepers were brought in Sunday to restore order to the capital of East Timor when fighting broke out between rival ethnic gangs after the discovery of two mutilated bodies.

The fighting - mostly stone-throwing - took place at the Comoro market but was halted by the arrival of about 100 peacekeeping troops. No arrests were made.

A group from the eastern part of the country became incensed after bodies of two men from the Baucau and Lautém districts were found with their arms, legs and heads removed and placed in sacks.

The two were believed to have been killed after approaching a checkpoint set up by a group of western youths in the Aimutin area of Dili.

"We just cannot accept that our friends were killed like animals, like dogs," said João da Costa, 21, a member of the eastern district group, which had set up a checkpoint of its own near the market.

A UN peacekeeper, Emir Bilget, speaking through an interpreter, asked the eastern group to take down the blockade of stones and wood and allow the police to investigate.

"I hope you calm down. The police already know who killed your friends, and now we are seeking testimony from you so that the perpetrators can be taken to court," Bilget said.

Australian soldiers, who lead the UN contingent, arrived and immediately combed the area.

They aborted an attempt to detain one man there after protests from youths shouting, "Australia go out, Australian no good, not neutral."

The peacekeeping force, which also includes soldiers from New Zealand and Malaysia, was deployed in East Timor in May after large sections of the military deserted, but it has struggled to contain sporadic eruptions of violence.

The latest fighting follows tit-for-tat murders this month that claimed the lives of two young men - one each from the eastern and western parts of the country.

DILI, East Timor United Nations peacekeepers were brought in Sunday to restore order to the capital of East Timor when fighting broke out between rival ethnic gangs after the discovery of two mutilated bodies.

The fighting - mostly stone-throwing - took place at the Comoro market but was halted by the arrival of about 100 peacekeeping troops. No arrests were made.

A group from the eastern part of the country became incensed after bodies of two men from the Baucau and Lautém districts were found with their arms, legs and heads removed and placed in sacks.

The two were believed to have been killed after approaching a checkpoint set up by a group of western youths in the Aimutin area of Dili.

"We just cannot accept that our friends were killed like animals, like dogs," said João da Costa, 21, a member of the eastern district group, which had set up a checkpoint of its own near the market.

A UN peacekeeper, Emir Bilget, speaking through an interpreter, asked the eastern group to take down the blockade of stones and wood and allow the police to investigate.

"I hope you calm down. The police already know who killed your friends, and now we are seeking testimony from you so that the perpetrators can be taken to court," Bilget said.

Australian soldiers, who lead the UN contingent, arrived and immediately combed the area.

They aborted an attempt to detain one man there after protests from youths shouting, "Australia go out, Australian no good, not neutral."

The peacekeeping force, which also includes soldiers from New Zealand and Malaysia, was deployed in East Timor in May after large sections of the military deserted, but it has struggled to contain sporadic eruptions of violence.

The latest fighting follows tit-for-tat murders this month that claimed the lives of two young men - one each from the eastern and western parts of the country.
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UNMIT Public Information Unit Daily Media Review 20 October 2006

COI Report
One of the dailies, STL, published the Secretary General’s message to the people of Timor-Leste following the release of the report. Furthermore, today’s newspapers focus on reactions to the COI report. Aderito de Jesus, human rights advocate, is of the opinion that leaders of the nation should stop the political process and prioritise the judicial process so as not to lose focus and so that the people will regain their trust in the judicial system and the rule of law. De Jesus agrees with the recommendations of the report that a special panel must be established to process the cases, due to the weakness of the country’s court. Ivo Valente, Deputy Prosecutor General, said the Public Ministry has already established an investigation team composed of two international prosecutors who would carefully read the report, adding that the cases would be recommended to the court following the gathering of sufficient evidence. Coordinator of ‘Fretilin Mudança’, Vitor da Costa said an extraordinary congress is urgently needed to change leadership for 2007, since the names of the current Secretary General and President of Fretilin have been stained due to their involvement in the crisis.

Timor Post today published some of the recommendations and this is the second day that STL published the full summary of the report in Tetum language.

Prime Minister Ramos-Horta reportedly said the government and the United Nations are ready to provide assistance with provision of Prosecutors and judges to the court to process those responsible for the crisis. Ramos-Horta said the decision would be up to the court whether to establish a new court, adding that the government and the UN is willing to assist the court with 2-3 prosecutors and judges in order to help gain the trust of the people. He said that the government and the leaders would not interfere in the course of the process. The Prime Minister also said according to his own evaluation of the recommendations of the COI, the commander of F-FDTL, Brigadier General Taur Matan Ruak is not criminally accountable for the crisis.

The International Forces have increased checkpoints and the checking of vehicles following the release of the COI report. According to a motorist, the forces are doing a good job and should continue checking vehicles for the people to feel safe.
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UNMIT United Nations Integrated Mission in Timor-Leste Daily Media Review 19 October 2006

COI Identified Fragility of Judicial System - Ralph Zacklin, one of the Commissioners involved in the investigation of the crisis in Timor-Leste, during a teleconference yesterday organised by UNMIT specifically for the national media, urged the people to thoroughly read the report. He said that the Commission found that the fragility of the judicial system is due to the lack of human resources and a lack of its independence due to political interference. He said according to data gathered, the Commission did not have evidence that highlighted the involvement of opposition parties during the crisis. Ralph Zacklin pointed out that one of the recommendations includes monitoring of the implementation of the recommendations and stressed that the Commission had completed its mandate. During the teleconference, he asked the cooperation of everybody to disseminate the report, available in English, Tetum, Portuguese and Indonesia languages, throughout the country.

The Secretary General of FNJP, Vital dos Santos said he agrees with the recommendation of the COI that a special panel must be established to process the authors of the crisis.

In the meantime, Prosecutor General Longuinhos Monteiro, said he does not need a deputy to work with him on the cases based on the COI report as per the recommendations, however, he said he does need assistance with administrative services in some areas within the Public Ministry. Monteiro further said that the Public Ministry would try to process all the cases by the end of the year as recommended in the report. (STL, TP)

Prosecutor General forms a team to study COI report - The office of the Prosecutor General has set-up a team consisting of two international prosecutors to study the recommendations made in the report of the International Commission of Inquiry. Speaking to journalists on Wednesday, the Prosecutor General Longinhos Monteiro, said that his office needs time to process the cases and appealed for cooperation and support from all Timorese for the office to do its work. Monteiro also said that it was possible for the number of suspects and defendants involved in crimes during the crisis to increase. RTTL News Headlines 18-10-2006
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UNMIT United Nations Integrated Mission inTimor-Leste Daily Media Review 18 October 2006

Court Must Continue To Investigate Report: Gusmão - All the daily newspapers today reported on the release of the report ofthe Independent Special Commission of Inquiry. The official hand over tothe National Parliament was broadcast live on national television andradio followed by a live broadcast of the appeal by the President of theRepublic, the President of the Parliament and the Prime Minister to thepopulation to accept and receive the report calmly. Timor Post publishedthe names of those claimed to have some responsibility for the crisis asper the report.

In his appeal, President Gusmão said to those responsible for crimes thatthe time has come to stop violence and reflect on what has been good andbad for the Timorese people. He also appealed to the political partiesnot to use the substance of the report for political interests.  ThePresident praised the work of the Commission and the criteria opted forthe careful use of phrases such as ‘reasonable suspect’.  He said itis the task of the court to conduct further investigations as per theCommission’s recommendations.

Political and military observer Julio Tomas Pinto said the court woulddecide if those people whose names have been published in the COI reportare guilty.

MP Manuel Amaral (KOTA) said the national sovereign state including theUN must assume responsibility, if the report does not have an impact onthe stability of the country, noting that they have stated at theconclusion of the commission that the UN would help resolve thecrisis.

Tight security was noticeable around the government building when thereport was handed in to the National Parliament reported TP. (TP,STL)

Establishment Of Security Posts
Minister of Education, Rosalia Corte-Real said the police has informedher that permanent police posts are being established in troubled areas.Corte-Real hopes that schools can resume their activities next week,noting that schools have been affected by constant problems in the areasof Comoro, Becora and Bidau Masau. (STL)
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TIMOR-LESTE DEMOCRACY SUPPORT NETWORK Media Release October 18, 2006 - Timor Democracy Support Network welcomes the release of the Report of the UN Independent Special Commission of Inquiry for Timor-Leste

Yesterday's 88 page UN Report opens the way for a return to normality in Timor-Leste, said TDSN spokesperson, Sahe da Silva. “FRETILIN called for the release of this Report, and will now study it in detail”, said Mr Da Silva, who is also a FRETILIN spokesperson in Australia. “We expect a detailed response from the FRETILIN leadership to be released within the next day or so, after they have had time to study it properly”.

Anyone who reads the Report will see just how complex are the conflicts that erupted in Timor-Leste over the last six months. Many many people are named as having responsibility, and many many people are recommended for prosecution. What is important is that a set of facts have now been established, and a number of areasidentified which require further investigation. The rule of law should now be restored in full. The armed groups, particularly those under Major Reinado and Rai'los must surrender and face the judicial system. FRETILIN fully supports all efforts to resolve the crisis through the application of the laws of Timor-Leste. No one is above the law, and all who are suspected of having broken it should be charged and dealt with through the judicial processes of Timor-Leste.

“We are not surprised that the Austrlaian media has focused once again almost solely on the findings of the report in relation to FRETILIN Secretary General Mari Alkatiri. The Australian media has been obsessed with Dr Alkatiri, and has attempted to hold him responsible for the crisis,” said Mr da Silva. “The Report actually says that there is no evidence that justifies prosecution of Dr Alkatiri for being personally involved in any illegal distribution of arms, as many have alleged”.

The UN Report says that further investigations are needed to see if Dr Alkatiri had any knowledge of the arming of civilians. In fact, those investigations began in June, immediately after Rai’los - whose prosecution has been recommended - made his allegations on Four Corners. “The investigations are continuing, with Dr Alkatiri’s full cooperation, and we welcome them, as does he. They will establish the truth, which is the only basis for justice,” said Mr da Silva.

TLDSN encourages all friends of Timor-Leste to read the report closely, and to support the proper investigation of the crimes it says have occurred. Only when the rule of law returns to Timor-Leste will the people have peace.
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UNITED NATIONS Press Release Independent Special Commission of Inquiry for Timor Leste 17 October 2006 - Today the UN Independent Special Commission of Inquiry for Timor-Leste submitted its report to the National Parliament of Timor-Leste according to its mandate. A copy of the report was provided to each member of the National Parliament, the Prime Minister and the President of Timor-Leste.

The Commission was established subsequent to the invitation from the then Senior Minister and Minister of Foreign Affairs José Ramos-Horta. Its mandate was to establish the facts and circumstances relevant to incidents on 28-29 April and 23-25 May 2006, and related events or issues that contributed to the crisis; clarify responsibility for the events; and recommend measures of accountability for crimes and serious human rights violations of human rights allegedly committed during the specified period.

After a careful examination of more than 2000 documents and in excess of 200 interviews conducted by the Secretariat of the Commission and the Commissioners, the Commission has made its conclusions, findings and recommendations.

Important findings of the Commission included:
28-29 April

· That the Government failed to follow the requisite legislative procedures in calling out the F-FDTL on 28 April 2006, a matter for which those members of the Crisis Cabinet who made the decision, and in particular the former Prime Minister bears responsibility.
· That there was no massacre by the F-FDTL of 60 people at Taci Tolu on 28-29 April.

23 May
· That the evidence establishes that Major Reinado and the men who comprised his group are reasonably suspected of having committed crimes against life and the person during the armed confrontation in Fatu Ahi.
· That although the President should have shown more restraint and respect for institutional channels in communicating directly with Major Reinado after his desertion, the President did not order or authorise the armed group of men under the command of Major Reinado to carry out criminal actions.

25 May
· That the Chief of Defence Force Taur Matan Ruak cannot be held criminally responsible for the shooting of the unarmed PNTL officers by F-FDTL soldiers after the ceasefire had been established on 25 May, although he failed to exhaust all avenues to either prevent or stop the
confrontation between the F-FDTL and PNTL.

Weapons
· That both PNTL and F-FDTL weapons were distributed to civilians.
· That there was an absence of systematic control over weapons and ammunition within the security sector, particularly within the PNTL. The Commission finds that the Minister of Interior Rogerio Lobato and the General Commander Paulo Martins bypassed institutional procedures by transferring irregularly weapons within the institution.

· That in arming civilians, the Minister of Interior Rogerio Lobato, the Minister of Defence Roque Rodrigues and the Chief of Defence Force Taur Matan Ruak acted without lawful authority and created a situation of significant potential danger. They should be held accountable for illegal transfer of weapons.

· With regard to the former Prime Minister Mari Alkatiri, that he failed to use his firm authority to denounce the transfer of security sector weapons to civilians in the face of credible information that such transfer was ongoing and involved members of the Government.

· That there is no evidence before the Commission which could lead to a recommendation that the former Prime Minister Mari Alkatiri be prosecuted for being personally involved in the illegal movement, possession or use of weapons. Nevertheless, there is information before the Commission giving rise to a suspicion that he knew about the illegal arming of civilians with PNTL weapons by Rogerio Lobato. Accordingly, the Commission has recommended further investigation to determine whether the former Prime Minister Mari Alkatiri bears any criminal responsibility with respect to weapons offences.

The Commission has identified numerous persons reasonably suspected of direct participation in criminal activity during the crisis, and recommended them to be prosecuted. Also identified are persons of interest, whose involvement in events during April-May warrants further investigation.

The Commission has recommended in its report that criminal cases should be handled impartially and without political interference within the national judicial system, led by independent and international judges, prosecutors and defence lawyers specially assigned to the cases that resulted from the events of April and May 2006.

It has also looked into the institutional responsibility of various individuals and institutions. It has reached a conclusion that the fragility of various State institutions and the weakness of the rule of law were the underlining factors that contributed to the crisis.

The Commission trusts that its conclusion, findings and recommendations will be given serious consideration and that the report will be utilized towards reinforcing the institutions of the country. The Commission also hopes that the report will contribute to the rebuilding of confidence in the institutions of the Government and the rule of law.

Finally, the Commission would like to express its appreciation for the full cooperation given to us by all individuals and institutions.

Questions and answers For press queries please contact: José Luis Díaz, OHCHR Spokesperson, jdiaz@ohchr.org, +41 22 917 9242
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United Nations Integrated Mission in Timor-Leste Daily Media ReviewTuesday, 17 October 2006

New Judges Must Learn Tetum Language - MP Alexandre Corte-Real (UDT) said part of the contract for new judges is to learn Tetum since it is one of the two official languages used by the population. Corte-Real said another area the international judges should have thorough knowledge of is in the crimes that have been committed in Timor-Leste during the recent crisis. (STL)

Political Parties Ready to Participate In Elections - President of the Court of Appeal said 13 political parties have registered to participate in the 2007 elections. He said the latest party to register was the Republican Party, adding each party must have a minimum of 1500 members to be entitled to register. He said those parties who have not yet registered but are represented in the National Parliament are UDC/PDC, Klibur Oan Timor Aswain(KOTA) and the Liberal Party. In 2001, 16 political parties participated in the elections. (STL)
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RTTL News Monitoring Reporting 16-10-2006
President Launches Community Reintegration Commission - President Xanana Gusmao launched the Commission for Community Reintegration at his office on Monday. The commission is tasked with coordinating the “Simu Malu” program of the government to assist in speeding-up the process of community reintegration to overcome the crisis. Speaking at the launching ceremony, President Gusmao said that the commission was established to carry out a political approach to the problems to bring about security and stability. He called on the youth to stop violence.

Handgun and grenade found in Dili - A university student yesterday found a handgun and an active grenade in the vicinity of the National University’s Caicoli campus, near UNMIT’s Obrigado Headquarters. Upon seeing the artillery, the student immediately informed the Interior Ministry and the International police and military forces arrived at the scene to take the materials away.
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United Nations Integrated Mission in Timor-Leste Media Review Saturday 14 Oct, Monday 16 October 2006

Shooting Between F-FDTL-PNTL Result of Manipulation - STL reported in a separate article that during his visit to Becora, Prime Minister Ramos-Horta told community members currently taking refuge in the nuns’ compound, that F-FDTL and PNTL had harmonious ties but they were destroyed by some members of the government. Ramos-Horta said the shooting between the two institutions was the result of manipulations. He said he is not certain who is responsible. The Prime Minister said the government is now working hard to restore the PNTL, adding once all the United Nations police are on the ground and the screening of PNTL officers is complete, permanent posts will be established in the entire neighbourhood. (STL)

Ximenes-Longuinhos Ready To Try Authors of Crisis - President of the Appeals Court and the Prosecutor General made a joint statement on Friday (13/10) saying that the court is ready to process the authors of the crisis based on recommendations of the report of the Independent Special Commission of Enquiry. Ximenes said their statement is based on Timor-Leste’s Constitution and it is the competence of the Public Ministry to take penal actions if there is evidence against the accused of any alleged crimes. He told the media that the court would then proceed and make a decision on the case in an objective and impartial manner according to the law and facts.

On the same occasion, Prosecutor-General, Longuinhos Monteiro, appealed to Major Alfredo Reinado and his group to return to prison, as the court decision on their recapture is still valid. Monteiro refused to comment whether he has been in telephone contact with Alfredo but STL reports that Monteiro and Brigadier Mick Slater met with him near Alas, Manufahi District. The contents of the discussion have not been revealed.

Meanwhile, Tomas Pinto, military political analyst said the UN must provide security to the judges to proceed with the cases of those responsible for the crisis. Pinto added that it is important that the judges work in an environment free of terror. (TP, STL, DN)

Man Stabbed To Death - A 50-year-old man living in the IDP camp opposite Obrigado Barracks, Caicoli, was fatally stabbed by an unknown person while returning from church on Sunday. According to Timor Post, Benjamin was walking towards Obrigado Barracks after attending the morning mass when he was stabbed. UNPOL police closed the area for about two hours, reported TP. (TP)

CNE Will Have Own Budget: Pessoa - The Minister of State, Ana Pessoa said the National Electoral Commission (CNE) will have its own budget but legislation first needs to be established for the Commission to proceed with its work. Pessoa said that there are no problems with STAE, noting it has started its work. She added that the focus now would be on CNE. The Minister of Justice Domingos Sarmento is of the opinion that the votes must be assembled in the districts for counting, adding that the decision would be from the Parliament. (TP)
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Political Parties list Minister of Justice Domingos Sarmento stated that there are 15 political parties already on the list. He said that 8 political parties have been approved by the Court of Appeal. He said that just one political party has been rejected by the court of appeal which is the PDC party version Olandina party. UNMIT United Nations Integrated Mission in Timor-Leste Public Information Unit Daily Media Review Friday, 13 October 2006
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UNMIT Daily Media Review 11 October 2006

Worker Stabbed - Anastasio Fernandes da Costa, a  STAE employee, was stabbed for allegedly being the brother of  a person accused of killing a youth in Colmera on Monday. According to a STAE staff member, who did not want his name revealed, a group of unknown people went to the office in search of Anastasio who was absent from work. Despite pleas from his colleagues not to return to work due to accusations that his younger brother was allegedly involved in the killing of Santino, he turned up to work on Tuesday. Around 3:00 pm on the same day, a group of people assaulted him at his office and stabbed him, leaving the vicinity only when the victim was unconscious. He was taken to the hospital and under went emergency operation. In the meantime, the body of Santino has been taken back to his village for burial. (DN)
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Oil company warns E Timor bribe case evidence may be destroyed - An oil company behind allegations that East Timor's former prime minister accepted bribes from oil giant ConocoPhillips, says banking
records in Darwin could be destroyed before the case goes to trial. Oceanic Exploration wants $US10 billion ($A13.4 billion) in damages, for the alleged theft of its oil rights in the Timor Sea.

In a case before the US District Court, Oceanic alleges it was granted exclusive rights to oil and gas fields in 1974, but that ConocoPhillips used bribery to steal the rights. Oceanic specifically claims it paid $US2.5 million ($A3.3 million) to East Timor's former prime minister Mari Alkatiri to award the rights to ConocoPhillips.

Oceanic alleges Dr Alkatiri and his family deposited the money in two Darwin banks. ConocoPhillips denies the allegations and has asked the court for more time to respond. But Oceanic argues under the seven-year rule, the banks may destroy crucial financial records if the case is delayed further. ABC News Online Tuesday, October 10, 2006. 4:27pm (AEST)
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UNMIT Daily Media Review 7-9 October 2006

Judges Should Be Jailed If Rogério Is Not Tried: Tilman - The courts of Timor-Leste must be brave to bring to trial Fretilin’s Vice-President and former Minister of Interior, Rogério Lobato, or detain the judges, said MP Manuel Tilman (KOTA). Tilman said the jail of Becora should not be for only a few people but should be for everybody, including the judges. He said the judges should not dissolve the cases based on threats, but he believes the Timorese judges are brave to carry the process forward. He said international judges representing the Timorese, in the case of Rogerio, must obey Timor-Leste penal code. (TP)
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RTTL Headlines 9 October 2006
One youth was shot with an arrow-slingshot by an unknown group in Hera on Friday, 7 October
Speaking to the journalists, the director of the Dili National Hospital, Antonio Caleres Junior reportedly confirmed that a young man from Hera was brought to the hospital after he was shot with an arrow-slingshot. Mr. Junior explained that the victim was shot on his way to collect water in one of the areas in Hera. He added that the man could be discharged from hospital in three days time.

More than 190 pistols are not handed over to the International Forces yet: Mr. Barris - Speaking to the journalists after attending the meeting with all district PNTL commanders, the Minister of Interior, Alcino Barris reportedly confirmed that out of more than 270 pistols that were lost during the crisis, about 190 of them have not been handed over yet. However, there is still a chance for the users to hand them in within a special phase that is determined by the PNTL. After this determined-phase is over, any submission of pistols will be classified as a criminal act and will be investigated, stressed Mr. Barris.

We are very pessimistic with the Timor-Leste Court to prosecute any of the actors of the East Timor crisis following the announcement of the result of the investigation from the UN Special Independent Commission of Inquiry for East Timor: Barros - After attending the meeting hosted by the FNJP, Benevides Correia Barros said that ‘I do not believe that the Timor-Leste court will put the perpetrators of the crisis in jail as almost all judiciary actors are from CPLC nations. He gave an example of the case of former PM, Mari Alkatiri. It is very hard to prosecute Mari as most of the judges and prosecutors are from Portugal and CPLC countries. This cannot happen because according to Mr. Barros, they, the judges and prosecutors, were recommended and guaranteed by the first constitutional government to work in East Timor although they were paid by the UN. In short, it is impossible that the East Timor court
can prosecute the actors of the East Timor crisis. Lastly as an alternative, he proposed to hand over the judicial power to the national
people, including judges and prosecutors.

On the same occasion, Vital dos Santos, coordinator of the PNJP stated that an establishment of an International Adhoc Tribunal will be the best alternative to implement the justice system well in East Timor, including prosecuting the actors of the crisis. He argued that this International Adhoc Tribunal will not serve any political interest and stay away from any cultural interest of any CPLC countries.

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