Court victory for Alkatiri and Fretilin

Media Release


Timor-Leste Democratic Support Network

August 14, 2006


East Timor’s Court of Appeal has completely rejected a challenge to the legitimacy of the leadership of the governing party Fretilin headed by deposed Prime Minister Mari Alkatiri.

Three judges unanimously ruled that Fretilin’s congress held May 17-19 acted legally when it re-elected Mr Alkatiri as party secretary and Francisco Guterres Lu-Olo as party president.

The judges said the congress decision to decide the leadership by show of hands rather than secret ballot, did not (not) violate East Timor’s Law on Political Parties.

The judges ‘wholly rejected’ a request by eight party members to declare the election illegal and order another congress to be held.

‘This is a major vindication of the legitimacy and stand taken by Mari Alkatiri and Fretilin,’ said Fretilin spokesman in Australia and lawyer Sahe Da Silva.

‘Those who argued that Fretilin had forfeited the right to nominate the Prime Minister because of the conduct of the congress, have been proven wrong,’ he said.

Mr Da Silva said the court ruling reinforced Fretilin’s democratic mandate to govern the country and put it in a stronger position to contest national elections due by next May.

Fretilin will hold a media conference on the court decision in Dili tomorrow (Tuesday 15 August).



The full text of the conclusion of the 19-page court judgement handed down on Friday August 11 follows:


Conclusion of the Court of Appeal Ruling by:

President Judge, Claudio Ximenes

Judge, Jacinta Correia da Costa

Judge, Maria Natércia Gusmão Pereira


By the proceeding, this panel of judges of the Court of Appeal decides:


1. To judge out of time the complaint against the elections of the FRETILIN leadership made by Vitor da Costa, Vicente Mau Boci, Aderito de Jesus, Igidio de Jesus, Cesar Moreira, Ricardo Nheu, Armando Midar, and Adolfo Antonio Belo , and as a result of this, declares that the Court cannot adjudicate on the request of the complainants;


2. To declare nonetheless, that:

a) Even if the complaint had been made in time, the request of the complainants should be wholly rejected given that:

-line c of article 18 establishes two forms of election: (a) one by a vote of all members, in relation to which was required to be "a direct and secret vote"; (b) another by a vote of representative assembly of members in relation of which it was not required to be either direct or secret;

-as line c of article 18 does not require a vote of the representative assembly of members to be "direct and secret", article 17, line 2 of the FRETILIN constitution does not violate article 18 line c of law 3/2004;

-as line c of article 18 does not require that the vote of the representative assembly of members be "direct and secret" the FRETILIN congress was at liberty to adopt a system of secret ballot or non-secret vote to elect the office bearers to its party leadership structure;

-the FRETILIN congress did not violate line c of article 18 in establishing in its party constitution the option of voting by show of hands (non-secret vote) to elect its president and secretary general;

-the FRETILIN congress did not violate line c of article 18 in electing by a vote by show of hands (non-secret vote) Francisco Guterres Lu-Olo as President and Mari Alkatiri as Secretary General of the party;

-the legitimacy of the leadership of Francisco Guterres Lu-Olo as President and Mari Alkatiri as Secretary General of FRETILIN are not effected by their being elected by a show of hands;

- there is no basis for the court to order FRETILIN to realize an extra ordinary congress to elect a new leadership.

b) Even if there had been a basis to regard the election of the president and secretary general as violation of the terms of article 18, line c of law 3/2004, the court cannot order FRETILIN to realize an extraordinary congress to elect a new leadership in accordance of the principles of law 3/2004.


ENDS