sexta-feira, fevereiro 13, 2009

HAK press release on defamation case

For Immediate Release
Press Release

Court Decision in Defamation of Mr. Longuinhos Monteiro SH

On 21J anuary 2009 the Dili District Court ruled on the defamation case of Mr. Longuinhos Monteiro against the defendant Francisco Lui alias Aquileong. The court decision freed the defendant Francisco Lui of the charges. This means the complaint of the defendant Francisco Liu and his attorneys of 23 August 2005, and published on 25 August 2005 in the paper Diario Tempo titled “Three Prosecutors Engage in Corruption, Money US$8,600” was not proved to be an act of defamation against Mr. Longuinhos Monteiro, who was and is the Prosecutor-General of Timor-Leste.


To recall, at that time the defendant and his attorneys had lodged a complaint against Mr. Longuinhos Monteiro SH, Mr. Benevides Correia Barros SH, and Mr. Estaque S.P. Guterres SH for Mr. Longuinhos to return Aquileong’s money in accordance with the 6 November 2001 decision of the investigative judge and the decision of the Finance Minister on 7 September 2004. They also asked for a public apology to Aquileong via the media in Timor-Leste within one week.


Mr. Longuinhos Monteiro claimed that the publication of the complaint in the media was an act of defamation, and consequently requested the defendant to pay US$50,000 in damages (indemnity) in a civil case.


To conclude the court proceedings, the Dili District Court decided in the case that Mr. Longuinhos Monteiro was not a victim as a result of the news, his case was not proved. What Mr. Longuinhos felt he lost as a result of the news was not proved, and because of this the Court cleared Aquileong of the accusation by Mr. Longinhos Monteiro who claimed he defamed him.


This press release is to inform the public, including the organs of the State, of the court’s decision in relation to the case referred to above.


We hope that the media will publicize it so that the public will know.


Dili, 10 February 2009


Brief Chronology Of the Case of Longuinhos et al.


2004:

§ On 18 November 2004, at 21.15 (9:15 pm) at the residence of Mr. Longuinhos Monteiro (next to City Café), Mr. Longuinhos together with Mr. Benevides Barros (President of the Timor-Leste Attorneys’ Association), Mr. Estaquio Guterres (Prosecutor) and two members of the National Police of Timor-Leste (PNTL) forced Mr. Francisco Lui (alias Aquileong) to give the three of them 279,000,800 Indonesian Rupiah.
§ After this incident Aquileong, accompanied by his attorneys Mr. Silverio Pinto Baptista and Mr. Tome Jeronimo submitted a complaint to the Department of National Investigation (DIN) of the PNTL. At that time the Chief of DIN, Mr. Marcos took the complaint and indeed registered it as a criminal case with the Prosecutor’s office as complaint No. 174.
§ When Aquileong and his attorneys went to the Prosecutor’s office inquire about the case, several visits over time, they were finally told that the documentation for case No. 174 was lost, demonstrating abuse of power in relation to the lost documentation on the case.


2005:

§ Because the criminal case was not proceeding, Aquileong decided to bring a civil case against Mr. Longuinhos et al. The Civil Suit began by delivering a summons to Mr. Longuinhos et al. on 23 August, requesting their presence at a meeting to resolve the problem. However, Mr. Longuinhos et al. did not attend the meeting.
§ On 25 August, the newspaper DIARIO TEMPO published a story about the case titled “Three Prosecutors Engage in Corruption, Money US$8,600”.
§ Based on the news story in DIARIO TEMPO, Mr. Longuinhos accused Aquileong and his attorneys of criminal defamation in the Dili District Court. Because Mr. Longuinhos, the alleged victim in the case, is the Prosecutor-General, the Dili District Court is not able to prosecute the case. The Dili District Court petitioned the Appeals Court to hear the case. Until now, the case registered as No. 107/05 is held up in the Appeals Court.
§ Beside the criminal case, Mr. Longuinhos also filed a civil suit accusing Aquileong of defamation with the case file No. 82/Civil/2005/Tribunal Distrital Dili.


2008-2009:

§ In the civil case referred to above (Case No. 82/Civil/2005/Tribunal Distrital Dili) the court held its first hearing on 11 July 2008 and concluded its proceedings on 21 January 2009, with a decision that:
1.Freed Mr. Aquileong from accusations of defamation, because the allegation by Mr. Longuinhos was not proved. This means that the story in DIARIO TEMPO was not proved to be defamation, but indeed reality.
2.Mr. Longuinhos must pay the court costs which total 10% of the value demanded (US$50,000) or US$5000.

-end-


Jill Sternberg
Association HAK (Association for Law, Human Rights and Justice)

Rua Governador Serpa Rosa T-091, Farol, Dili, Timor-Leste
Tel. +670-331-3323 or +670-740-2774 mobile
Email: jillberg@igc.org skype: jillberg

6 comentários:

Anónimo disse...

How and why this shameful story happen to East Timor judicial system?

This interesting story has weakening the trust of our people and the international community towards our law enforcement and judicial system in combating corruption.

These law enforcement members must be dismiss from their position. We don't need a convicted criminal to lead the court.

Congratulation to Yayasan HAK

Maubere Anan

h correia disse...

Faço minhas as palavras de Maubere Anan. Que vergonha! Longuinhos é que devia ser "afastado"...

Será que o processo do 11 de fevereiro também foi "perdido"?

Anónimo disse...

Para o Maubere Anan,

And you Maubere Anan, where is your evidence, since the time all your false transcription whithin this event of corruption of both goverment of Fretilin and AMP. Until now you never bring one singel evidence to endorse these facts. Perhaps someone is paying you as a spy for there own interest?!!! If this happens, you should be in spot light of a breaking news.
The justice cannot be use under desire of one singel man like your person because the hight interest of the nation must prevail.

"Maubere" is a timorese name
"Anan" is a indonesian name as well.

Anónimo disse...

Don't ask me evidence...just read the news on the block or the news paper sirculted in the country or news publish in internet. I just provide comment base on what jurnalist release that's the evidence. If you want to know please go ask to the jornalist not me.

Don't make false assumption that I have been paid to provide the comment.

As timorease citizen I have the right and responsablity to provide my opinion to what I don't agree in this country.

This country is democratic country Republica Democratica de Timor Leste. The constitution preserve the right and freedom of speech for every citizen.


Maubere Anan

Anónimo disse...

You go and find evidance by your self in Website...or local news paper don't ask such a stupidity question....am not your lawyer nor you are not a prosecutor in the court of justice.

As long as I am timorease citizen I have the right to critisize what is wrong acording to me.
The constitution preserve the freedom of speech in Timor Leste.

No body pay me to write in this block. It's my own iniciative to provide critical comment.

Better for you to read news otherwise you thick mind.

Maubere Anan

Anónimo disse...

PENSAO VITALISA is a social injustice to east timor people.

The eveidance of corruption is PENSAO VITALISA. This is another legal form of coruption created by Fretilin (Alkatiri). If AMP government do not amend this law it means both government are the same corrupt peoples money.

The money that suppose to use for the wellfare of one million people goes to nonproductive,incompetent, ignorant polition. These people were elected to serve the interest of people not to serve them selves and their own interest.

East timor should say no to Pensao Vitalisa..because it is another form of legal corruption created by the elits to benefit them selves.

We are not rich country our people live underpoverty line. Most of the people strugle hard to get one plate of food for their family in a day in contratry our politian taking advantage this poor people voice in election to enrich them selves by PENSAO VITALISA that's injustice and betray the people of east timor. They are criminal elits.

Maubere Anan

Traduções

Todas as traduções de inglês para português (e também de francês para português) são feitas pela Margarida, que conhecemos recentemente, mas que desde sempre nos ajuda.

Obrigado pela solidariedade, Margarida!

Mensagem inicial - 16 de Maio de 2006

"Apesar de frágil, Timor-Leste é uma jovem democracia em que acreditamos. É o país que escolhemos para viver e trabalhar. Desde dia 28 de Abril muito se tem dito sobre a situação em Timor-Leste. Boatos, rumores, alertas, declarações de países estrangeiros, inocentes ou não, têm servido para transmitir um clima de conflito e insegurança que não corresponde ao que vivemos. Vamos tentar transmitir o que se passa aqui. Não o que ouvimos dizer... "
 

Malai Azul. Lives in East Timor/Dili, speaks Portuguese and English.
This is my blogchalk: Timor, Timor-Leste, East Timor, Dili, Portuguese, English, Malai Azul, politica, situação, Xanana, Ramos-Horta, Alkatiri, Conflito, Crise, ISF, GNR, UNPOL, UNMIT, ONU, UN.