2008 Country Reports on Human Rights Practices

http://www.state.gov/g/drl/rls/hrrpt/2008/eap/119059.htm

2008 Human Rights Reports: Timor-Leste

Bureau of Democracy, Human Rights, and Labor

2008 Country Reports on Human Rights Practices

February 25, 2009

Timor-Leste is a multiparty parliamentary republic with a population
of approximately 1.1 million. President Jose Ramos Horta was head of
state. Prime Minister (PM) Kay Rala Xanana Gusmao headed a four-party
coalition government formed following free and fair elections in June
2007. In an exchange of gunfire with armed rebels on February 11,
President Ramos Horta was wounded seriously and PM Gusmao was unhurt.
As provided for in the constitution, the government imposed a state of
emergency from February through May. International security forces in
the country included the UN Police (UNPOL) within the UN Integrated
Mission in Timor-Leste (UNMIT) and the International Stabilization
Force (ISF), neither of which was under the direct control of the
government. The national security forces are the National Police
(PNTL) and Defense Forces (F-FDTL). While the government generally
maintained control over these forces, there were problems with
discipline and accountability.

Serious problems included: police use of excessive force and abuse of
authority; perception of impunity; arbitrary arrest and detention; an
inefficient and understaffed judiciary that deprived citizens of due
process and an expeditious and fair trial; conditions in camps for
internally displaced persons (IDPs) that endangered health, security,
education, and women's and children's rights. Domestic violence, rape,
and sexual abuse were also problems.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person

a. Arbitrary or Unlawful Deprivation of Life

There were no politically motivated killings during the year; however,
on February 11, F-FDTL guards shot and killed Major Alfredo Reinado
and one of his followers when a band of rebels led by Reinado gained
entry to the presidential compound; President Ramos-Horta was severely
wounded. A separate group of Reinado's followers attacked the convoy
of PM Xanana Gusmao. Gusmao was unhurt. The government formed a joint
PNTL/F-FDTL command to apprehend the attackers, and parliament
declared a state of siege that imposed a curfew, relaxed legal
requirements for searches and arrests, and restricted demonstrations.
The application of the state of siege was modified as a state of
emergency and extended on several occasions until Reinado's second in
command, Lieutenant Gastao Salsinha, and 11 others surrendered to the
authorities on April 29.

On April 5, in Bobonaro District, an F-FDTL member shot and killed a
civilian who reportedly threatened the F-FDTL member with a machete.
The authorities investigated the case and forwarded it to the
prosecutor general for further action.

Legal proceedings were ongoing against Luis da Silva, an off duty
officer accused of shooting a member of then candidate Xanana Gusmao's
security detail at a political rally in Viqueque in June 2007.

There were no developments in the inquiry into the August 2007 case of
a PNTL unit firing into a crowd in Viqueque, killing two.

The four F-FDTL soldiers sentenced to 12 years, 11 years, and 10 years
for the 2006 killing of eight unarmed PNTL personnel were serving
their sentences at the military prison at F-FDTL headquarters in Dili.
A local human rights nongovernmental organization (NGO) and government
contacts expressed concern that there was no civilian oversight of the
prison.

There were no developments in the following 2006 cases: the January
killing of three men by Border Patrol Unit personnel; the May mob
killing of a police officer in Ermera District; and the May killing of
six persons in a house set on fire by a mob. Investigations into other
cases stemming from the April-May 2006 violence continued. Some
individuals identified for investigation in the 2006 UN Commission of
Inquiry Report were subpoenaed to testify regarding their role in
illegal arms distribution.

In May President Ramos-Horta granted pardons to a number of persons
including former interior minister Rogerio Lobato sentenced for
illegally distributing weapons during the 2006 violence and Joni
Marques, a pro-Indonesia militia leader, sentenced for multiple
killings in 1999 (see section 1.d.).

b. Disappearance

There were no reports of politically motivated disappearances

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and the government generally
respected the prohibition against torture; however, there were
incidents of cruel or degrading treatment of civilians by police and
military personnel. Members of Parliament, NGOs, UNMIT, and the Office
of the Ombudsman received numerous complaints of use of excessive
force by personnel of the Joint Command or regular PNTL during the
state of emergency. The Office of the Ombudsman eventually recorded 44
such cases, most involved beatings, mistreatment during detention,
threats made at gunpoint, and intimidation. As a result one army
officer was removed from the field of operations, 14 soldiers were
verbally disciplined, and, at year's end, the remaining cases were
under investigation.

UNMIT's human rights unit and NGOs received numerous complaints of
excessive force and degrading treatment by the Dili Task Force, a
rapid reaction PNTL unit created in December 2007. On May 24, Task
Force members severely beat four residents including a woman of Dili's
Quintal Boot neighborhood. The case was under investigation by the
PNTL's National Investigation Division (NID).

Joint Command forces operating in Ermera during the state of emergency
reportedly carried out beatings, intimidation, and unlawful searches
and violated villagers' freedom of movement. On March 12, 17 persons
complained of mistreatment; and on April 14, 13 persons reportedly
were ill treated, two of whom required hospitalization.

F-FDTL personnel deployed in western districts were involved in
violent altercations unrelated to their duties. In May a soldier at a
wedding party in Letefoho Sub-District, Ermera, opened fire after a
woman refused to dance with him. The woman was injured and taken to
Dili hospital for treatment. The NID reportedly investigated and sent
its findings to the prosecutor general. In a May 11 incident in
Lahomea, Bobonaro, F-FDTL soldiers severely beat two merchants. One of
the merchants required hospitalization.

In January three PNTL officers were arrested in Suai for having
participated in gang-related violence that resulted in 15 persons
injured and 20 houses burned.

Delay or refusal by police to investigate allegations of rape or
domestic violence was a common problem.

At year's end there were no developments in the March 2007 case in
which an armed group wearing F-FDTL uniforms attacked and burned the
homes of six families in Dili.

At year's end there were no developments in the March 2007 case when
six to 10 F-FDTL uniformed persons attacked several homes near the
national hospital.

At year's end there were no developments in the March 2007 case when
F-FDTL members detained and allegedly beat approximately 10 persons
for disorderly conduct.

At year's end there were no developments in the April 2007 case when
PNTL officers in Covalima District shot and beat a civilian.

Other abuses included intimidation of IDP camp residents by groups
operating both in and outside of the camps and attacks and
intimidation of communities or individuals.

Prison and Detention Center Conditions

There were four government-run prisons, located in Dili, Baucau, and
Gleno. Prisoners from the Baucau prison were transferred to Dili's
Becora prison pending renovation. Government and local NGO figures
listed the number of prisoners in the country as 179. Prison
conditions generally met international standards. The F FDTL opened a
military prison facility at its headquarters in Dili. A local human
rights NGO and government contacts expressed concern that there was no
civilian oversight of the military prison.

UNMIT personnel noted allegations of mistreatment of detainees by
prison guards during the first 72 hours of imprisonment and a lack of
special facilities for the mentally ill who consequently were detained
along with other prisoners. Despite some improvements with regard to
access to food and water, police station detention cells generally did
not comply with international standards and lacked sanitation
facilities and bedding.

The government and international forces permitted prison visits by the
International Committee of the Red Cross and independent human rights
observers. The ombudsman was able to conduct almost daily detainee
monitoring in Dili.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, there were
many instances in which these provisions were violated, often because
magistrates or judges were unavailable.

Role of the Police and Security Apparatus

The president is commander-in-chief of the armed forces, but the chief
of defense, the F-FDTL's senior military officer, exercised effective
day-to-day command. Civilian secretaries of state for public security
and defense oversaw the PNTL and F FDTL, respectively. With the
formation of the Joint Command, the F-FDTL assumed a role in
maintaining public order.

UNMIT continued efforts to reform, restructure, and rebuild the PNTL
in the wake of its collapse during the political crisis of 2006. A
central element was a "screening" to ensure that each of the
approximately 3,000 PNTL officers was checked for integrity and past
crimes or misbehavior. Following screening, officers were to go
through renewed training and a six-month UNPOL mentoring program. By
year's end approximately 2,700 officers had completed the UNPOL
program.

Each of the country's 13 districts has a district PNTL commander who
normally reports to the PNTL general commander. In spite of
improvements due to the UNPOL training, the PNTL as an institution
remained poorly equipped and undertrained, subject to numerous
credible allegations of abuse of authority, mishandling of firearms,
and corruption.

Some police officers did not pass the vetting process and were on
suspension pending further investigation. UNMIT conducted human rights
training sessions for senior PNTL personnel, and the PNTL received
training from bilateral partners.

The PNTL established a Professional Ethics Office (PEO) to enforce
discipline and accountability. The F-FDTL Military Discipline
Regulations relied on a disciplinary process for alleged human rights
violations. However, there was no formal accountability mechanism in
place to address misconduct in the military, and lack of capacity
hindered the progress of investigations within the police. Government
contacts and NGOs reported that cooperation from the police with
civilian authorities in serious disciplinary cases was limited.

More than 1,100 ISF personnel from Australia and New Zealand supported
the police and security forces.

During the state of emergency, the Joint Command helped provide
security at key Dili installations and escorted humanitarian convoys.
On some occasions, in violation of clear rules of engagement requiring
that the police (international or domestic) be called first in the
event of any security threat, the F-FDTL resorted to firing warning
shots as an initial response.

Arrest and Detention

The law requires judicial warrants prior to arrests or searches,
except in exceptional circumstances; however, this provision was often
violated. The extreme shortage of prosecutors and judges outside of
the capital contributed to police inability to obtain required
warrants.

Government regulations require a hearing within 72 hours of arrest to
review the lawfulness of an arrest or detention and also to provide
the right to a trial without undue delay. During these hearings, the
judge may also determine whether the suspect should be released
because evidence is lacking or the suspect is not considered a flight
risk. The countrywide shortage of magistrates meant that police often
made decisions without legal authority as to whether persons arrested
should be released or detained after 72 hours in custody. This
contributed to an atmosphere of lawlessness and impunity. Judges may
set terms for conditional release, usually requiring the suspect to
report regularly to police.

During the state of emergency, there were at least 11 cases of arrests
by the Joint Command or regular PNTL that were not in compliance with
legal procedures. There were numerous reports of F-FDTL detaining
civilians contrary to rules of engagement, and in at least three cases
the F-FDTL removed detainees from PNTL custody. In one case soldiers
removed a suspect from UNMIT police custody.

The law provides for access to legal representation at all stages of
the proceedings, and provisions exist for providing public defenders
to indigent defendants. However, there was an extreme shortage of
qualified public defenders, and many indigent defendants relied on
lawyers provided by legal aid organizations. A number of defendants
who were assigned public defenders reported that they had never seen
their lawyer, and there were concerns that some low priority cases
were being delayed indefinitely while suspects remained in pretrial
detention.

In 2003 the Court of Appeals ruled that the pretrial detention limit
of six months and the requirement that such detentions be reviewed
every 30 days need not apply in cases involving certain serious
crimes; however, the 30-day review deadline was missed in a large
number of cases involving less serious crimes, and a majority of the
prison population consisted of pretrial detainees.

Amnesty

In May the president commuted the sentences of and pardoned 94
persons. The pardons and commutations were granted without any formal
evaluation of the beneficiaries' conduct in prison or ability to
reintegrate into society. Some politicians and NGOs challenged the
legality of the president's actions.

e. Denial of Fair Public Trial

The law provides that judges shall perform their duties "independently
and impartially" without "improper influence" and requires public
prosecutors to discharge their duties impartially. However, the
country's judicial system faced a wide array of challenges including
concerns about the impartiality of some judicial organs, a severe
shortage of qualified personnel, a complex and multi-sourced legal
regime, and the fact that the majority of the population does not
speak Portuguese, the language in which the laws were written and the
courts operated. Access to justice was notably constrained.

The court system includes four district courts (Dili, Baucau, Suai,
and Oecussi) and a national Court of Appeals in Dili. The Ministry of
Justice is responsible for administration of the courts and prisons
and also provides defense representation. The prosecutor
general--independent of the Ministry of Justice--is responsible for
initiating indictments and prosecutions. Until a supreme court is
established, the Court of Appeals remains the country's highest
tribunal.

Progress in establishing justice sector institutions and recruiting
and training qualified judges, prosecutors, and defense attorneys was
slow. By year's end, 13 judges, 13 prosecutors, and 11 public
defenders of Timorese nationality were assigned to the country's
judicial institutions. However, the system remained heavily dependent
on international judges, prosecutors, and public defenders. Private
lawyers continued to represent the majority of defendants in the
district courts.

A court operating five days a week was established in Baucau. However,
judges, prosecutors, and public defenders assigned to other districts
outside Dili did not reside in these areas. Their intermittent
presence continued to severely hamper the functioning of the judiciary
outside the capital.

Personnel shortages and administrative issues disproportionately
affected operations of the Oecussi and Suai district courts, which
operated at irregular intervals throughout the year. The trial process
often was hindered by nonattendance of witnesses due to lack of proper
notification or lack of transportation. The shortage of qualified
prosecutors and technical staff in the office of the prosecutor
general hampered its work and resulted in a large case backlog.
International prosecutors continued to handle sensitive cases related
to the 2006 crisis. At year's end there was a nationwide backlog of
approximately 5,400 cases. The length of time for cases to come to
trial varied significantly, with some delayed for years and others
tried within months of accusations.

Trial Procedures

The law provides for the right to a fair trial; however, the severe
shortages of qualified personnel throughout the system led to some
trials that did not fulfill prescribed legal procedures. Trials are
before judges. Except in sensitive cases, such as crimes involving
sexual assault, trials are public; however, this principle was
inconsistently applied. Defendants have the right to be present at
trials and to consult with an attorney in a timely manner. Attorneys
are provided to indigent defendants. Defendants can confront hostile
witnesses and present other witnesses and evidence. Defendants and
their attorneys have access to government-held evidence. Defendants
enjoy a presumption of innocence and have a right of appeal to higher
courts.

The legal regime is complex and was inconsistently applied. Pending
development of a complete set of national laws, Indonesian laws and
the UN's transitional regulations remained in effect. The constitution
stipulates that UN regulations supersede Indonesian laws; however,
this was inconsistently applied. Also of concern was confusion
regarding how to apply different sources of law, particularly in
criminal cases where the Indonesian penal code remained in effect, but
procedure was governed by a national criminal procedure code.

The Court of Appeals operated primarily in Portuguese. The UN
regulations, many of which remained in force, were available in
English, Portuguese, Indonesian, and Tetum (the language most widely
spoken in the country). Laws enacted by parliament, intended to
supplant Indonesian laws and UN regulations, were published in
Portuguese but were seldom available in Tetum. Litigants, witnesses,
and criminal defendants often were unable to read the new laws. Trials
are required to be conducted in Portuguese and Tetum. However, the
quality of translation provided in court varied widely, and
translations into Tetum were often incomplete summaries. The
prevalence of other local languages compounded this problem in the
districts, particularly in Oecussi.

As in previous years, concerns arose over the lack of
witness-protection arrangements. In many violent crimes, witnesses
were unwilling to testify because of the high potential for
retribution against themselves or their families. Court personnel also
reported increased concern regarding their own safety.

The 2006 UN Commission of Inquiry (COI) report recommended prosecution
of more than 60 individuals for criminal culpability in the April and
May 2006 crisis and investigation of more than 60 others for possible
involvement in these crimes.

Despite COI recommendations, the government had not brought charges
against the F-FDTL commander or the former minister of defense.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Civil judicial procedures were beset by the same problems encountered
by the judicial system as a whole. The ombudsman can sue government
agencies/agents for alleged human rights abuses; however, its approach
has been to refer findings of abuse to the prosecutor general or the
leadership of the PNTL or F-FDTL.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and the government generally respected
these prohibitions in practice; however, there were reports of
arbitrary interference with privacy and home. During the state of
emergency, there were at least three instances in which the PNTL or
Joint Command carried out searches without warrants.

A 2003 land law broadly defines what property belongs to the
government and has been criticized as disregarding many private
claims.

Many Dili residents arrived as internal migrants after 1999 and
occupied empty houses or built houses on empty lots. The majority of
properties in Dili are deemed state property, and in previous years
the government evicted persons from land identified as state property
at times with little notice and with no due process.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the
government generally respected these rights in practice. Individuals
generally could criticize the government without reprisal, and a UN
executive order decriminalizes defamation. However, an Indonesian
penal code provision that criminalizes defamation also remains in
place. At year's end the Ministry of Justice was pressing charges
against a journalist under this defamation law.

There were three daily newspapers, three weeklies, and several
newspapers that appeared sporadically. All frequently criticized the
government and other political entities editorially.

Television and radio broadcasts were the primary sources for news.
However, there was often no reception outside Dili and district
capitals, and broadcasts were often irregular due to technical or
resource problems. Many persons did not have access to televison or
radio.

On January 18, PM Gusmao threatened to arrest journalists who publish
"erroneous" information.

On February 22, PNTL officers arrested and beat a journalist who was
reportedly in violation of curfew; after 11 hours he was released. The
state secretary for security publicly apologized for the use of
"unjustified force."

Internet Freedom

There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Internet access was extremely limited.

Academic Freedom and Cultural Events

The government generally did not restrict academic freedom or cultural
events. A 2004 law requires that academic research on Tetum and other
indigenous languages be approved by the National Language Institute.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The government suspended freedom of assembly and the right to
demonstrate during the state of emergency. These rights subsequently
were restored in full.

The law on assembly and demonstrations establishes guidelines to
obtain permits to hold demonstrations and requires police be notified
four days in advance of any demonstration or strike. The law also
stipulates that demonstrations cannot take place within 100 yards of
government buildings or facilities, diplomatic facilities, or
political party headquarters. In practice demonstrations were allowed
to take place without the requisite advance notification, and the
100-yard regulation was rarely observed. However, in August PNTL
officers cited the rule in arresting over 50 students during a
demonstration at the national university (within 100 yards of the
parliament). The detainees were released after six to 72 hours of
detention, and there were no reports of mistreatment.

Freedom of Association

The constitution provides for freedom of association, and the
government generally respected this right in practice.

c. Freedom of Religion

The constitution provides for freedom of religion, and the government
generally respected this right in practice. An overwhelming majority
of the population was Roman Catholic. There were small Protestant and
Muslim minorities who were generally well integrated into society.

Societal Abuses and Discrimination

Outside of the capital, non-Catholic religious groups were at times
regarded with suspicion. There were reports that Catholics who
converted to other religions were subjected to harassment and abuse by
community members.

There was no indigenous Jewish population, and there were no reports
of anti-Semitic acts.

For a more detailed discussion, see the 2008 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement within the Country, Foreign Travel, Emigration,
and Repatriation

The law provides for freedom of movement within the country, foreign
travel, emigration, and repatriation, and the government generally
respected these rights in practice. During the state of emergency, in
addition to curfews and roadblocks that interfered with freedom of
movement, persons in the Emera District, where the remnants of
Reinado's followers were believed to be, were obstructed from going to
their coffee farms. The government cooperated with the Office of the
UN High Commissioner for Refugees and other humanitarian organizations
in providing protection and assistance to internally displaced
persons, refugees, returning refugees, asylum seekers, stateless
persons, and other persons of concern.

Travel to the western enclave of Oecussi required visas and lengthy
stops at various Indonesian military, police, immigration, and customs
checkpoints.

The law prohibits forced exile, and the government did not employ it.

Internally Displaced Persons (IDPs)

At year's end approximately 30,000 residents remained displaced from
their homes as a result of the 2006 crisis. Between February and
April, international donors and the government ceased monthly food
distributions in the camps. The Ministries of Social Solidarity and of
Health, with the support of international donors, set up mobile
clinics to provide basic health care to residents and provided
transportation and logistical support to assist with relocation
efforts. In addition the PNTL established security posts in
neighborhoods where residents resettled. Around Dili, large IDP camps
at the Nicolau Lobato Airport, National Hospital, Dom Bosco, and Dili
Port were successfully disbanded. Over 40,000 IDPs left the IDP camps
beginning in April and returned to their homes under a government
subsidy program which granted families up to $4,500 (the U.S. dollar
is the local currency) to leave the camps voluntarily and rebuild
their homes. The absence of laws safeguarding land and property
ownership remained a serious long term concern for some IDPs.

Protection of Refugees

The laws provide for the granting of asylum or refugee status to
persons in accordance with the 1951 UN Convention relating to the
Status of Refugees and its 1967 protocol, and the government
established a system for providing protection to refugees. The
government granted refugee status or asylum in the past; however,
there were concerns that the country's regulations governing asylum
and refugee status may preclude genuine refugees from proving their
eligibility for such status. For example, persons who wish to apply
for asylum have only 72 hours to do so after entry into the country.
Foreign nationals already present in the country have only 72 hours to
initiate the process after the situation in their home country becomes
too dangerous for them to return safely. A number of human rights and
refugee advocates maintained that this time limit contravened the 1951
convention. These advocates also expressed concern that no written
explanation is required when an asylum application is denied. In
practice the government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened.

Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government

The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation

The president and parliament were elected in generally free and fair
national elections in 2007. The government headed by PM Gusmao is a
four-party coalition controlling 37 seats in the 65 seat parliament.

There were 19 women in the parliament. Women held three senior
ministerial positions--finance, justice, and social solidarity--one
vice-minister position, and one secretary of state position.

The country's small ethnic minority groups were well integrated into
society. The number of members of these groups in parliament and other
government positions was uncertain.

Government Corruption and Transparency

PM Gusmao and other national leaders publicly acknowledged the extent
of official corruption. The law provides for criminal penalties for
official corruption; however, the government did not implement the law
effectively, and officials frequently engaged in corrupt practices.
The Ombudsman's Office by law is the institution charged with leading
national anticorruption activities and has the authority to refer
cases for prosecution. During the year the ombudsman referred 16 cases
of government corruption to the Prosecutor General's Office. In August
senior officials in the Ministries of Infrastructure and Health were
dismissed for their involvement in corrupt practices. Also in August,
eight PNTL officials were suspended for having embezzled funds. At
year's end this investigation was continuing.

The country does not have financial disclosure laws. PM Gusmao
required that all cabinet officials in his government complete
financial disclosure documents, but by year's end none had done so.

The law stipulates that all legislation, Supreme Court decisions (when
the court is established), and decisions made by government bodies
must be published in the official gazette. If not published they are
null and void. Regulations also provide for public access to court
proceedings and decisions and the national budget and accounts. In
practice there were concerns that public access to information was
constrained. For example, the official gazette was published only in
Portuguese, although by law it is to be published in Tetum as well.
Moreover, its irregular publishing schedule and varying cost meant
that few journalists, public servants, or others had regular access to
it or knew how to access it.

Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. NGOs also played an
active role in assisting and advising in the development of the
country. National and international NGOs, in coordination with the
ombudsman, monitored human rights issues in IDP camps. The government
generally cooperated with these organizations, but during the year
there were instances of security authorities preventing or resisting
efforts to monitor human rights compliance.

There were credible reports that, following the February 11 attacks,
members of the Joint Command explicitly warned villagers in Ermera
against making human rights complaints. In October a human rights
monitor investigating a case in Maliana was assaulted by the local
PNTL commander. The commander was subsequently replaced and his
successor apologized for the incident.

The Office of the Ombudsman for Human Rights and Justice is
responsible for the promotion of human rights, anticorruption, and
good governance, and the ombudsman has the power to investigate and
monitor human rights abuses, corruption, and governance standards and
make recommendations to the relevant authorities. The Ombudsman's
Office was located in Dili and had limited ability to conduct outreach
or other activities in the districts. However, in December it opened
its first district field office in Oecussi. The Human Rights
Monitoring Network, made up of 10 NGOs, closely cooperated with the
ombudsman.

On July 15, President Ramos-Horta and Indonesian President Yudhoyono
publicly accepted the bilateral Commission on Truth and Friendship's
finding that gross human rights violations had been committed during
and after the 1999 independence referendum. The report assigned
"institutional responsibility" for such violations to the Indonesian
Armed Forces. Presidents Yudhoyono and Ramos-Horta also accepted the
report's other findings, conclusions, and recommendations.

Of the 94 beneficiaries of the May 20 Presidential Decree extending
pardons or partial commutations of sentences, nine had been convicted
of crimes against humanity committed in 1999.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

Government regulations prohibit all forms of discrimination.
Nonetheless, violence against women was a problem, and discrimination
against women, persons with disabilities, and members of minority
groups occurred.

Women

Gender-based violence remained a serious concern. Although rape is a
crime, failures to investigate or prosecute cases of alleged rape and
sexual abuse were common as were long delays. Authorities reported
that the backlog of court cases led some communities to address rape
accusations through traditional law, which does not always provide
justice to victims. An UNMIT report noted that the definition of rape
may be too narrow to protect women's rights to personal integrity;
spousal rape, for example, under applicable Indonesian law is not a
crime.

Key legislation that would address legal gaps or establish clear
guidelines to handle gender-based violent crimes had not been adopted
by year's end.

Domestic violence against women was a significant problem often
exacerbated by the reluctance of authorities to respond aggressively.
Cases of domestic violence and sexual crimes generally were handled by
the PNTL's Vulnerable Persons Units (VPUs). Women's organizations
assessed VPU performance as variable, with some officials actively
pursuing cases and others preferring to handle them through mediation
or as private family matters. VPU operations were severely constrained
by lack of support and resources. UNMIT reported that women
increasingly reported abuses to the police in contrast to previous
years. The police were particularly slow to pursue cases where the
accused occupied a position of power. Police also at times came under
pressure from community members to ignore cases of domestic violence
or sexual abuse.

Government regulations prohibit persons from organizing prostitution;
however, under the Court of Appeals' interpretation of Indonesian
laws, prostitution is not illegal. Nonetheless, in past years there
were reports of women being arrested for prostitution.

There was no law prohibiting sexual harassment, and sexual harassment
was reportedly widespread, particularly within some government
ministries and the police.

There were no reports of gender-based employment discrimination;
however, women usually deferred to men when job opportunities arose at
the village level.

Some customary practices discriminate against women. For example, in
some regions or villages where traditional practices hold sway, women
may not inherit or own property. Traditional cultural practices such
as payment of a bride price and occasionally polyandry also occurred.

The secretary of state for gender issues in the prime minister's
office is responsible for the promotion of gender equality. UNMIT's
Gender Affairs Unit also monitored discrimination against women.

Women's organizations offered some assistance to female victims of
violence, including: shelters for victims of domestic violence and
incest; a safe room at the national hospital for victims of domestic
violence and sexual assault; and escorts to judicial proceedings.
Women's and human rights monitoring organizations formed a committee
to monitor violence against women in the IDP camps and to train camp
managers to identify and pursue such cases.

Children

Although constrained by weak capacity and limited resources, the
government was committed to children's rights and welfare, and fully
engaged with international organizations and NGOs working in this
area. The constitution stipulates that primary education shall be
compulsory and free; however, no legislation had been adopted
establishing the minimum level of education to be provided, nor had a
system been established to ensure provision of free education.
According to UN statistics, approximately 20 percent of primary
school-age children nationwide were not enrolled in school; the
figures for rural areas were substantially worse than those for urban
areas.

In rural areas heavily indebted parents sometimes provided their
children as indentured servants as a way to settle the debt. If the
child was a girl, the receiving family may also demand any dowry
payment normally owed to the girl's parents.

Violence against children and child sexual assault was a significant
problem. Some commercial sexual exploitation of minors occurred. The
Indonesian penal code, which remains in effect pending the
promulgation of a national penal code, is ambiguous regarding
statutory rape, specifying only that it is a crime to have intercourse
with someone who has not reached the age of consent for marriage. This
age is specified as 15 in the Indonesian civil code.

Thousands of children remained at risk due to their continued
displacement. The capacity of the state, communities, and families to
protect children was seriously challenged. Incidents of child abuse,
including sexual abuse, were reported both inside and outside the IDP
camps. Underreporting of child abuse was a problem.

Many students living in IDP camps enrolled in schools near their camp.
However, camp-based education was not provided at several IDP camps.

Trafficking in Persons

The Immigration and Asylum Act prohibits trafficking of adults and
children, whether for prostitution or for forced labor; however, in
recent years there were reports of women and girls trafficked into the
country for prostitution. In addition during the year there was
increased concern that growing poverty created conditions conducive to
domestic trafficking.

A local NGO estimated that more than 100 foreign prostitutes in the
capital might be victims of trafficking. Several establishments in the
capital were known commercial sex operations and were suspected of
being involved in trafficking. Trafficking victims in the country were
almost exclusively forced to work in the sex industry. Reports of
trafficking for forced labor have not been verified.

While the police conducted raids on brothels and massage parlors in
Dili during the year, credible reports indicated that some police and
customs officials colluded with such establishments or with those who
trafficked foreign women into the country to work in them.

The government cooperated with various international and NGO programs.
The Alola Foundation, an NGO, provided assistance to female victims of
trafficking and advised the government on trafficking-related issues.

During the year the Prosecutor General's Office expanded its
antitrafficking education campaign and financially supported other
antitrafficking programs with assistance from local and international
NGOs. The government held two workshops for police, military, civil
servants, NGOs, and government officials to raise human trafficking
awareness and combat widespread ignorance about the trafficking issue.
High-level officials served as keynote speakers at the workshops, and
antitrafficking and gender-based violence posters containing emergency
contacts for victims were distributed throughout the districts to
assist potential victims.

Persons with Disabilities

Although the constitution protects the rights of persons with
disabilities, the government had not enacted legislation or otherwise
mandated accessibility to buildings for persons with disabilities, nor
does the law prohibit discrimination against persons with
disabilities. There were no reports of discrimination against persons
with disabilities in employment, education, or the provision of other
state services; however, in many districts children with disabilities
were unable to attend school due to accessibility problems. Training
and vocational initiatives did not address the needs of persons with
disabilities. During the year some persons with mental disabilities
faced discriminatory or degrading treatment due in part to a lack of
appropriate treatment resources or lack of referral to existing
resources. Mentally ill persons were imprisoned with the general
prison population and were denied needed psychiatric care. An office
in the Ministry of Social Solidarity is responsible for protecting the
rights of persons with disabilities.

National/Racial/Ethnic Minorities

Some tensions between persons from the eastern districts (Lorosae) and
persons from the western districts (Loromonu) continued, although this
was greatly diminished from levels witnessed during the April and May
2006 national crisis.

Relations were generally good between the ethnic majority and members
of several small ethnic minority groups including ethnic Chinese (who
constitute less than 1 percent of the population) and ethnic-Malay
Muslims.

Other Societal Abuses and Discrimination

The law makes no reference to homosexual activity. Gays and lesbians
were not highly visible in the country, which was predominantly rural,
traditional, and religious. There were no reported instances of
discrimination.

There were no reported cases of discrimination against persons with HIV/AIDS.

Section 6 Worker Rights

a. The Right of Association

The country has a labor code based on the International Labor
Organization's standards. The law permits workers to form and join
worker organizations without prior authorization. Unions may draft
their own constitutions and rules and elect their representatives;
however, attempts to organize workers generally were slowed by
inexperience, a lack of organizational skills, and the fact that more
than 80 percent of the workforce was in the informal sector. In 2004
the government established official registration procedures for trade
unions and employer organizations.

The law provides for the right to strike, but few workers exercised
this right during the year. The law on assembly and demonstrations
could be used to inhibit strikes but was not used in this way.

The Immigration and Asylum Act prohibits foreigners from participating
in the administration of trade unions.

b. The Right to Organize and Bargain Collectively

While collective bargaining is permitted, workers generally had little
experience negotiating contracts, promoting worker rights, or engaging
in collective bargaining and negotiations.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

Government regulations prohibit forced and compulsory labor, including
by children, and such practices were not known to occur.

d. Prohibition of Child Labor and Minimum Age for Employment

The labor code generally prohibits children under 18 from working;
however, there are circumstances under which children between the ages
of 15 and 18 can work, and there are exceptional exemptions for
children under 15. The minimum age did not apply to family-owned
businesses, and many children worked in the agricultural sector. Child
labor in the informal sector was a major problem. In practice
enforcement of the labor code outside of Dili was limited.

e. Acceptable Conditions of Work

The labor code does not stipulate a minimum wage; however, employers
generally used and employees expected a wage of $85 per month as a
minimum standard. This amount provided a basic standard of living for
a worker and family. The labor code provides for a standard workweek
of 40 hours, standard benefits such as overtime and leave, and minimum
standards of worker health and safety. A National Labor Board and a
Labor Relations Board exist, and there are no restrictions on the
rights of workers to file complaints and seek redress. Workers have
the right to remove themselves from hazardous conditions without
jeopardizing employment; however, it was not clear that they could
avail themselves of this right in practice.


---

Timor sections of Indonesia Chapter


http://www.state.gov/g/drl/rls/hrrpt/2008/eap/119040.htm
On July 15, the Commission on Truth and Friendship (CTF), established
by the governments of Indonesia and Timor-Leste in 2005 to address
human rights violations committed in Timor-Leste in 1999, delivered
its final report to the two governments' presidents. The report
recognized that gross violations of human rights occurred prior to and
immediately after the popular consultation in East Timor in 1999. The
report's recommendations for Indonesia included a human rights
training program with emphasis that the military remain neutral in
political controversies and elections and enhanced authority for
institutions charged with investigation and prosecutions for human
rights violations. The government disseminated the CTF recommendations
within the government, and a variety of ministries began carrying out
the recommendations.

...

On March 23, in West Timor a group of youths allegedly stabbed and
killed Paulino Lopes, a former refugee from East Timor. In response
the Lopes family reportedly gathered a mob of former refugees who
burned 11 houses in a neighboring village. The TNI restored order. No
arrests were made.

...

On April 7, militia commander Eurico Guterres, who had been sentenced
to 10 years in prison in connection with atrocities that occurred
during 1999 in Timor-Leste, was released from prison based on new
evidence that reportedly proved his innocence.

Direitos Humanos: Timor-Leste com "problemas graves" em 2008 - EUA

Washington, 25 Fev (Lusa) - Uso excessivo de força pela polícia, detenções arbitrárias, percepção de impunidade e sistema judicial ineficiente foram alguns dos "problemas graves" de Timor-Leste em matéria de direitos humanos em 2008, considerou hoje o Departamento de Estado norte-americano.

No seu relatório anual sobre direitos humanos no mundo, divulgado em Washington, o Departamento de Estado refere que "não houve mortes por motivos políticos" em Timor-Leste durante 2008, mas salienta o duplo ataque contra o Presidente da República, José Ramos-Horta, e o primeiro-ministro, Xanana Gusmão, a 11 de Fevereiro.

No ataque, recorda-se no relatório, elementos das forças armadas timorenses mataram o major Alfredo Reinado e um dos seus seguidores na residência do Presidente da República, que ficou gravemente ferido.

No mesmo dia, outro grupo de seguidores de Reinado atacou Xanana Gusmão, que escapou ileso.

O Departamento de Estado norte-americano destaca também que se registaram casos de detenções sem cumprimento dos requisitos legais, incluindo durante a situação de emergência após os ataques de 11 de Fevereiro.

Ao longo de 2008, não se verificaram desenvolvimentos em vários casos de violência envolvendo elementos das forças de segurança, refere o Departamento de Estado, frisando que o Governo controla as forças armadas e a polícia, que no entanto têm "problemas de disciplina e de responsabilização".

Refere igualmente que em Maio, o Presidente timorense comutou penas e indultou 94 pessoas, incluindo o ex-ministro do Interior Rogério Lobato, condenado por distribuição ilegal de armas durante a violência de 2006, e Joni Marques, líder de uma milícia pró-Indonésia condenado por vários assassínios em 1999.

"Alguns políticos e organizações não governamentais questionaram a legalidade das acções do Presidente", lê-se no relatório.

Enquanto o Governo "respeita em geral a proibição contra a tortura", ocorreram casos de "tratamento cruel e degradante de civis pela polícia e militares", refere o Departamento de Estado, assinalando o "atraso ou recusa da polícia em investigar alegações de violações ou violência doméstica" como outro problema em Timor-Leste.

Na área da Justiça, Timor-Leste enfrenta um vasto conjunto de desafios, incluindo em relação à "imparcialidade de alguns órgãos judiciais".

"Carência grave de pessoal qualificado, um regime legal complexo e de múltiplas fontes e o facto de a maioria da população não falar português, a língua em que foram escritas as leis e em que operam os tribunais", são outros desafios.

O Departamento de Estado assinala ainda que no final de 2008, cerca de 30 mil timorenses continuavam deslocados, embora mais de 40 mil tivessem deixado os campos de deslocados, ao abrigo de um programa governamental que atribuiu até 4.500 dólares (cerca de 3.500 euros) por família.

No relatório, refere-se igualmente que Xanana Gusmão e outros líderes timorenses reconheceram publicamente a existência de corrupção ao nível dos organismos oficiais mas o Governo não aplica devidamente a lei anti-corrupção.

PNG

Lusa/Fim

Appeal Court slams politically-motivated removal of judge

FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE
FRETILIN
Media Release

Dili, Wednesday, February 25, 2009

Appeal Court slams politically-motivated removal of judge

Timor-Leste’s Court of Appeal has strongly criticised the Gusmao government–appointed Superior Council for the Judiciary for blocking the reappointment of a senior judge who ruled against key elements of the government’s 2009 budget.

The Court of Appeal upheld an appeal by Judge Ivo Rosa, a Portuguese national, who argued that the Superior Council for the Judiciary unlawfully and unconstitutionally decided not to renew his contract of service in Timor-Leste. The SCJ oversees the functioning and composition of the judiciary

The Court of Appeal said the SCJ’s move against Judge Rosa was “manifestly arbitrary and contrary to the law”, appeared “motivated by political reasons” and left international judges “vulnerable to pressures and persecutions”.

The SCJ decision “violates the principle of immovability of judges” laid down by the law and constitution and “has no grounds whatsoever”, the Court of Appeal said.
Judge Rosa was one of three foreign judges recruited by the United Nations to serve alongside seven Timorese judges in Timor-Leste.

The SCJ decided not to renew Judge Rosa’s contract soon after he and other members of the Court of Appeal unanimously declared on November 13 last year that:
a) The government's creation of a so-called Economic Stabilization Fund was unconstitutional in that it was equivalent to creating a "secret fund" which is expressly prohibited by the constitution, and
b) Parliament’s attempt to transfer more than US$396 million from the National Petroleum Fund was illegal as it breached key aspects of the law mandating sustainable use of petroleum revenue.

Prime Minister Gusmao and the President of the National Parliament, Fernando “Lasama” de Araujo publicly criticised the judgement, and foreign judges in particular. In the days following the court’s budget ruling Mr de Araujo was reported by the state-owned television broadcaster as saying that it was “time the government brought the Court of Appeal into line.”

FRETILIN deputy parliamentary leader Francisco Branco said today the decision not to reappoint Judge Rosa was initiated in the SCJ by the Council’s interim head, Dionisio Babo Soares, with the support of SCJ substitute member Cirilio Cristovao.

Branco said: “Mr Soares is Secretary-General of Xanana Gusmao’s CNRT party and was national campaign director for the CNRT during the last election. Mr Cirilio Cristovao is an advisor in the PM’s office.

"Mr Gusmao has stacked the SCJ with his trusted political allies and advisors who appear to have done his bidding by effectively removing a judge who had the temerity to rule against the government.”

The Court of Appeal found that Cirilio Cristovao should not have taken part in the SCJ meeting which decided to remove Judge Rosa, because Dionisio Babo, the person for whom he was a substitute, was already present. The Court of Appeal said: “The wrongful participation by Cirilio Cristovao in the decision of the SCJ not to renew the appellant’s contract renders it a null and void act.”

Francisco Branco said: “The Court of Appeal has issued a damning indictment of the SCJ and Parliament must now examine the negative role it played in relation to Judge Rosa.

“The Court of Appeal ruling is a positive step to try to reinstate principles of judicial independence and the rule of law which are under attack in our country," said Branco.
“However there is information that the government is now planning to remove the President of the Court of Appeal, Judge Claudio Ximenes, who is now in Portugal recovering from an illness, and replace him with a more malleable or accommodating judge.

“Such a move would be intolerable and damage the credibility of our justice system beyond repair.”

Branco said the three Court of Appeal judges who unanimously upheld Judge Rosa’s appeal were all Timorese.

“The judges’ nationality should not matter, but we point it out because the Gusmao government has tried to discredit foreign judges when any court decision goes against it,” Branco said.

For information contact or Jose Teixeira on +670 728 7080

See extracts from the translation by FRETILIN of Court of Appeal judgment on next pages.



_______________________________________________________________
TRANSLATION OF PART OF THE DECISION OF COURT OF APPEAL REGARDING THE APPEAL OF JUDGE IVO ROSA AGAINST THE NON RENEWAL OF HIS CONTRACT BY THE SUPERIOR COUNCIL FOR THE JUDICIARY, DATED 31 DECEMBER 2008.

(The translation below is of the "reasoning" part of the Court's decision. The lengthy preceding Parts I and II, which set out the legal and factual points of the appeal and arguments by both appellant and respondent has not been translated yet. The decision and the reasons for the decision were considered more imperative to inform non-Portuguese speakers of the crux of the decision by the Court.)

III “GROUNDS AT LAW”
1. Irregularity in composition of Superior Council for the Judiciary
Applying the law to the proven facts, firstly we find an irregularity in the composition of the SCJ, which took the decision not to renew the appellant's contract.
In effect Cirilio Cristovao is merely a substitute member for the council member Dionisio Babo and, as such, in terms of article 9, no. 3 of the Judicial Statutes, he can only participate in substitution of Babo when he is absent or is impeded from participation and never simultaneously with him.
In this case Cirilio Cristovao participated as a member of the SCJ, simultaneously with the effective member Dionisio Babo in the decision who was neither absent nor impeded from participating.
The member Dionisio Babo could not have considered himself to be either absent or impeded just by the fact that he is Vice President of the Council or being a substitute for the President; he was neither absent nor prevented from attending because he was present in the meeting, nor was impeded because he participated in the meeting.
The wrongful participation by Cirilio Cristovao in the decision of the SCJ not to renew the appellant's contract renders it a null and void act.
2. Protected legal right
Following we will see whether the appellant has a legally protected right or interest that deserves protection through this appeal.
We verify with all that has already been proven that the appellant has exercised his duties firstly as a judge of the Dili District Court and afterwards as a judge of the Court of Appeal and as a trainer for national judges, with his work during this time having been evaluated positively by the President of the Superior Council for the Judiciary and by UNDP and his contract having been successively renewed; despite this, by its decision on the 13th of November 2008, the SCJ decided not to renew the appellant's contract as a judge of the Court of Appeal and gave start to the process of recruitment for a new judge to substitute the appellant.
As the contract is periodically renewable, for a specific term, we have to conclude that in case of non renewal, the contract ends on the lapsing of the period it is in force; but on the other hand, as it has not been proven that the automatic renewal of the contract was specifically stipulated, we cannot say that the appellant has a right unless the contract is renewed.
In all, article 111, no. 2 of the Judiciary's Statutes states that provisions of this statute are applied to all international judges exercising their functions in the Timor-Leste judicial structure, with appropriate adaptations.
This means that, putting aside those provisions that by their very nature will only apply to national judges, the provisions of the statutes also apply to international judges exercising functions in the Timorese judicial structure.
The provisions aimed at and guaranteeing the independence and impartiality of the judges apply necessarily to the international judges.
More concretely the provisions of article 6 of the statutes that says that "judges cannot be transferred, suspended, promoted, removed, dismissed or in any other way be subject to a change in position, unless it is in the cases foreseen in this statute" also applies to international judges with the appropriate adaptations.
This is to say that international judges can only be suspended, dismissed or in any other way removed from their position in the circumstances foreseen by the law; namely that they cannot be terminated from exercising their functions by force of the expiration of the term of the contract, if it is the case that need and convenience continue for him or her to remain within the Timorese judicial structure, otherwise it would be violating the principle of immovability.
The fact of the contract establishing a time duration for the judge to remain an international judge in the Timorese judicial structure when there is a continuing need and convenience for the judge and there is no other reason of impossibility for his continuance (such as the judge himself or herself not being interested in continuing or not being able to obtain the authorization from his service of origin to continue to remain or there not being any funds to pay for him).
The interpretation of article 111, no. 2 in the sense that this provision permits the SCJ, without just cause not to renew the contract in those cases where the continuance of the judge in question is both necessary and convenient violates the principle of immovability of judges foreseen in article 6 of the justice's statutes and article 121, no. 2 of the Constitution.
Such an interpretation will allow the exercise of judicial functions by international judges to become vulnerable to pressures and persecutions of various kinds, namely, of a political nature, and that the international judges will remain under permanent danger of not seeing their contracts renewed in case they make decisions contrary to interests with influence with the Superior Council for the Judiciary (in case this body is influenced by such interests).
This would be totally contrary to the intended objective of the cited article 111 which allows that Timor-Leste have recourse to non national judges to maintain the proper and regular functioning of its judicial system, the functioning of which is necessarily dependent on the independence and impartiality of judges who work in the Timorese courts.
It follows that then it is legitimate for an international judge whose contract term has come to an end to have a legal expectation that his or her contract would be renewed, if the need and convenience for him or her to remain in the Timorese judicial system continues.
As such, we have to acknowledge that the appellant has a legal expectation in seeing his contract renewed, given that his presence continues to be necessary and convenient, an expectation which, upon being violated deserves a legal remedy.
3. Absence of grounds for the decision
It is also clear to us that the decision not to renew the appellants contract has no grounds what so ever. In all, in terms of decree law 32/2008 the determination should have proper grounds, and where necessary (article 43, No. 1 line e), a determination that denies, extinguishes, restricts or in any way affects rights and interests protect by the law, or which imposes a penalty, or which determines in a manner differently from the practice normally followed in the resolution of similar cases, or which interprets and applies those same principles and legal precepts (article 43 No. 1 line a and e), the grounds should be made express, through a succinct exposition of the factual and legal grounds for the decision, although it may consist merely of a declaration of agreement with the grounds presented as antecedents, information or other proposals that constitute in this case an integral part of the proceedings (article 44, no.1).
It is irrelevant that the SCJ now in its response in opposition to the appeal indicates a list of reasons as grounds for the decision, which it did not state as the grounds for the proceedings; the grounds must be a part of the proceedings itself, as article 44, no.1 states.
The SCJ limits itself by saying that it was exercising a discretionary power and, because of this, did not have to have grounds for the proceedings. All in all, this understanding is totally contrary to what the law says.
The provisions earlier cited do not exclude the obligation to provide grounds for action taken in the exercise of a discretionary power; to the contrary, as is stipulated in no. 2 of article 43, only orders from superior bodies to their subordinates relating to perfunctory matters and of a legal form do not have to be based on grounds, and even then, only in cases where the law does not stipulate to the contrary.
As Professor Rui Machete said, who was in turn cited by Professor Freitas do Amaral, the obligation to provide grounds for administrative decisions are aimed at: in the first instance for the defense of the citizen – who will only be able to properly ascertain his or her rights and obligations if he or she can understand the motives that led the administration to decide in a determined way; secondly, for the self-control of the administration – given that the obligation to provide grounds amounts to an invitation for pondering on all the facts that are of interest in the decision, and, on the other hand that the explanation of the motives for the determination in a proceedings facilitate control by the institutions with the power to supervise these; thirdly, the peaceful relations between the administration and citizens – given that the latter tend to better accept the eventual unfavorable decisions if the corresponding reasons have been completely communicated, in a clear and coherent form; fourthly, the clarification and proof of the facts on which the decision is based – which adhere to the compliance with the demands for transparency of the administration ( see Diogo Freitas do Amaral, Administrative Law Studies, Vol II, Almedina, 2002, pages 350 and 351).
The SCJ alleges also that, relying on the exercise of discretionary powers, it was free to decide between renewing and not renewing the appellant's contract, without taking anything else into account. But this conceptualization of discretionary powers is erroneous. The exercise of of this discretionary power cannot be purely arbitrary, or depend on the arbitrary judgment of the deciding entity.
As Professor Freitas do Amaral says "in the discretion the law does not give the empowered administrative body the freedom to choose any solution, but in fact compels it to seek the best solution to satisfy the public interest in accordance with principles of judicial action", "the law, in conferring to a determined body a discretionary power, does at the same time confer the right to choose any choice that justifies an end, but in fact deliberately prefers and expects that it is sought and effected that which, having pondered all the facts and circumstances, can concretely be ascertained, and with the rights being observed of the imperatives that flow from the principles of proportionality, equality, good faith and impartiality which the administrative body has adjudged" (see Diogo Freitas de Amaral, in Studies in Administrative Law, Vol II, Almedina, 2002, pages 82 and 81, respectively).
In this concrete case, on one hand, the SCJ decided not to renew the appellant's contract without pondering the circumstances of the case concretely.
On the other hand, having taken into consideration the proven facts, namely, that since the appointment to his position as a judge of the District Court until the present date the appellant has been positively evaluated by the President of the Superior Council for the Judiciary, which in his evaluation on behalf of UNDP has always acknowledged the quality of service given by the appellant and his contribution to the strengthening of the judicial system and consolidation of the Rule of Law, which the appellant whilst a judge of the Court of Appeal, in accumulation of his function as judge trainer, between the 9th of June 2008 and the present moment he delivered 63 decisions, all within the time stipulated by the law, without any outstanding judgments imputable against him, the best solution to satisfy the public interest would have been to renew the appellant's contract.
Taking into account the circumstances referred to and the fact that the position continues to be necessary, seeing that the SCJ at the same time decided to take steps to contract another judge to substitute the appellant, once more we see that the decision was not motivated by reasons of public interest. In addition to this, considering that the SCJ decided to renew the contract of another two judges of the Court of Appeal without there being any reason for justifying this difference in treatment, the decision of the SCJ breached the principle of equality of treatment and the principle of justice and impartiality foreshadowed in articles 3 and 5 respectively of Decree Law 32/2008.
The decision taken is manifestly arbitrary and contrary to the law that confers on the SCJ the powers to manage and discipline judges with the objective of guaranteeing the sound functioning of the judicial power, namely to ensure that the courts have judges who are personally, professionally and technically prepared to take decisions with independence and impartiality.
The circumstances and the manner in which the decision was taken allowed that it appeared in the eyes of the mass media, and was communicated by them, as being motivated by political reasons, linked to the decision taken by the appellant, which affects the image of the SCJ which is a body that has the obligation to guarantee that judges are not penalized for their decisions so that they can exercise their functions with independence and impartiality. For these reasons, it is to be expected that in the contested appeal filed by the appellant that the decision of the SCJ is declared null and void, in accordance with articles 52 and 53 of the Decree Law 21/2008.
4. The Periculum in mora
In the face of what has been proven, the execution of the decision of the SCJ not to renew the appellant's contract, leading to the recruitment of another judge to substitute him, will irrevocably extinguish the realization of his legal expectation to have his contract renewed.
In turn the execution of the decision of the SCJ will make any favorable decision the appellant may obtain in this appeal ineffectual. Its execution will put into effect the recruitment process for another Judge for the court of Appeal and render ineffectual the renewal of the appellant's contract, as is his expectation.
In addition this will have implications by reducing the number of judges for the Court of Appeal to merely two and will mean the appellant will cease to be a trainer for probationary judges in their final probationary phase, a phase in which the trainer should write a report regarding their performance as trainees and pass opinion on their aptitude to be appointed as judges in law, a duty which should only be performed in a conscientious and just manner as those who have in fact undergone the probationary training are expected to perform.
Because of this all the prerequisites set out by article 305 of the Civil Procedure Code have been fulfilled to grant the pre-emptive relief sought. There are no grounds whatsoever to condemn the appellant as a litigant in bad faith, as is alleged by the SCJ.

IV - DECISION
For the reasons set out herein, it is decided by the Judges of the Court of Appeal to suspend the execution of the deliberations of the SCJ of the 13th of November 2008 which decided that the non renewal of the contract of the appellant Judge Ivo Nelson Caires Batista Rosa and launching the recruitment selection process of another judge to substitute him as a judge of the Court of Appeal.
Without costs, given that the SCJ, here defeated and therefore, responsible for its own costs, having already been exempt from the payment of such costs according to article 2, no. 1, line a), of the Judicial Costs Code.

****** The Appellant, the SCJ and UNDP are hereby notified.

Dili, 31 December 2008
The Judges of the Court of Appeal
Judge Maria Natarcia Gusmao Pereira, President and Reporting Judge
Judge Antonino Gonsalves
Judge Jacinta Correia da Costa

Ramos Horta vai condecorar pessoalmente os militares da GNR

Lisboa, 22 Fev (Lusa) - O 6º contingente da Guarda Nacional Republicana, em Timor-Leste, vai atrasar o regresso a Portugal uma semana, para receber a condecoração das mãos do Presidente Ramos Horta, disse hoje à Lusa fonte do Comando daquela força.
O comandante da Guarda explicou à Lusa que a data prevista para a homenagem é dia 02 de Março, mas dia 03 também é uma hipotese, dependendo da agenda do Presidente, uma vez que Ramos Horta “faz questão de entregar as condecorações aos cerca de 140 militares destacados, naquele território, pessoalmente”.

O 7º Contingente do Subagrupamento Bravo, que vai render o que está actualmente em Timor-leste, recebeu na quinta-feira passada o estandarte e as ordens de rendição pelo que seguirá a curto prazo aquele território, explicou o comandante.

O processo para o prolongamento por mais uma semana do 6º contingente do Subagrupamento Bravo - que deveria regressar a Portugal no final deste mês - necessitou de autorizações das Nações Unidas, “uma vez que se trata de uma missão internacional”, explicou o general.

Ramos Horta “fez questão de que a primeira condecoração, entregue por Timor, fosse para a Guarda Nacional Republicana pelo bom serviço prestado ao povo timorense, concluiu o comandante em declarações à Lusa.

MPC
Lusa

85 JOURNALISTS, ACADEMICS PROTEST OVER CRIMINAL DEFAMATION CASE

Background to the case: www.abc.net.au/pm/content/2008/s2492880.htm

AUCKLAND (ACIJ/Pacific Media Watch): More than 80 prominent Australian, New Zealand and Pacific reporters, editors and media academics have protested over the controversial criminal defamation case against East Timorese journalist Jose Belo.

Chief editor Belo has been charged followed publication of an article in his newspaper and online publication, Tempo Semanal, making allegations against Justice Minister Lucia Lobato.

The open protest letter, under the umbrella of the Sydney-based Australian Centre for Independent Journalism (ACIJ), has been signed by 85 media industry and academic people ranging from the ACIJ's Professor Wendy Bacon to ABC Four Corners investigative journalist Liz Jackson, SBS Dateline's Mark Davis and British-based filmmaker and author John Pilger.

It is being sent to President José Ramos-Horta, in New Zealand this week on his first official visit abroad since being wounded in a rebel attack a year ago, and Prime Minister Xanana Gusmao.

“While making no comment on the merits of [Jose Belo’s] allegations, we are disturbed by the application of criminal defamation laws against one of East Timor's bravest and most respected journalists,” the letter says.

“Belo's role in documenting the atrocities of the Indonesian occupation and disseminating that information to the international media is well known.

“Since self-government, Jose has emerged as one of the most productive, disciplined and independent journalists that East Timor has produced. He has become a key figure in the attempt to build a democratic media in your country.

“To be imprisoned by your government would be a great injustice to Jose and more importantly, a terrible precedent for all media in East Timor. Such laws criminalise and suppress good journalism, they help cloak corrupt and questionable behaviour of public officials and they diminish the reputation and international standing of the nations that apply them.

“We note that the laws under which Jose Belo has been charged are left over from the old Indonesian regime, and understand that new laws more suited to a democratic society have been drafted but have not been placed before your Parliament.

“We pledge our support to Jose Belo and all East Timorese journalists who may face imprisonment for the practice of their profession. We urge you to take all actions within your power to bring about the dropping of this charge and the removal of criminal defamation laws in East Timor.”


The letter is signed by:

1. Wendy Bacon, Professor of Journalism, University of Technology, Sydney

2. Liz Jackson, Reporter, Four Corners, Australian Broadcasting Corporation

3. Quentin Dempster, Journalist, Australian Broadcasting Corporation

4. Sarah Ferguson, Reporter, Four Corners, Australian Broadcasting Corporation

5. David Marr, Reporter, Sydney Morning Herald

6. Lesley Power, General Counsel, SBS Television, Australia

7. Chris Nash, Professor of Journalism, Monash University

8. Mark Davis, Reporter, Dateline SBS Television, Australia

9. Matthew Moore, FOI Editor, Sydney Morning Herald

10. David O'Shea, Reporter, Dateline, SBS Television, Australia

11. Mark Dodd Defence/Foreign Affairs writer The Australian newspaper

12. Tony Jones, Presenter, Lateline, Australian Broadcasting Corporation

13. Sue Spencer , Executive Producer , Four Corners, Australian Broadcasting Corporation

14. John Pilger, Filmmaker and Author

15. Tom Zubrycki, Filmmaker

16. Debbie Whitmont, Reporter, Four Corners, Australian Broadcasting Corporation

17. Lindsay Murdoch, The Age, Melbourne

18. Mark Colvin, Presenter of PM, Australian Broadcasting Corporation

19. Professor Stuart Rees, Director, Sydney Peace Foundation

20. Richard Ackland, Editor, Justinian

21. Eric Ellis, Forbes Magazine

22. Tom Morton, Senior Producer, Australian Broadcasting Corporation

23. Peter McEvoy, Journalist, Australian Broadcasting Corporation

24. Margaret Simons, Journalist and Author, Content Makers and Crikey

25. Marni Cordell, Editor, New Matilda

26. Sophie McNeill, Reporter, SBS Television, Australia

27. Philip Chubb, Associate Professor in Journalism, Monash University

28. Sally McCausland , Senior Lawyer, SBS Television, Australia

29. Hilary McPhee, writer and editor

30. Jacqui Ewart, Senior Lecturer in Journalism, Griffith University, New South Wales

31. Peter Manning, Adjunct Professor, University of Technology, Sydney

32. Hall Greenland, Editor of The Week, Australia

33. Professor Michael Fraser, Faculty of Law, University of Technology, Sydney

34. Jock Cheetham, Journalist, Sydney Morning Herald

35. Olivia Rousset , Journalist

36. Melanie Morrison, Dateline, SBS Television, Australia

37. Geoff Holland, Barrister & Lecturer in Law, University of Technology, Sydney

38. Gillian Leahy, Associate Professor, University of Technology, Sydney

39. Amos Roberts, Reporter, “Dateline� SBS Television, Australia

40. Lee Rhiannon, Member of the Legislative Council, Parliament of New South Wales

41. Ivan O'Mahoney ­ Producer, Four Corners, Australian Broadcasting Corporation


42. Michael Doyle, Four Corners, Australian Broadcasting Corporation

43. Caro Meldrum�Hanna, Four Corners, Australian Broadcasting Corporation

44. Judith Rodriguez, Melbourne Pen Centre

45. Ian Gerrard, Editor, The Diplomat, Australia

46. Julie Posetti, Freelance journalist & Journalism Lecturer, University of Canberra

47. Megan West, Lawyer, SBS Television

48. Michelle Baddiley , Archive Producer, Four Corners, Australian Broadcasting Corporation

49. Gail Phillips, Associate Professor of Journalism, Murdoch University

50. Martin Butler, Independent Filmmaker, Melbourne

51. Peter Cronau, Journalist, Australian Broadcasting Corporation

52. Maryann Keady, Independent Producer, Sydney

53. Associate Professor David Robie, Director, Pacific Media Centre, AUT University

54. Sue Ahearn, Journalist, ABC Melbourne

55. Maire Sheehan, Friends of Maliana, Sydney

56. Antony Loewenstein, Independent Journalist and Author

57. Sylvia Hale, Member of the Legislative Council, Parliament of New South Wales

58. Associate Professor Jake Lynch, Director, Centre for Peace and Conflict Studies

59. Joseph M Fernandez, Senior Lecturer, Journalism, Curtin University of Technology

60. Annette Blackwell, Lecturer in Journalism, University of Technology, Sydney

61. Jane Waddell, Convenor Mosman �Maubaro Friendship Committee, Sydney

62. Kate MacDonald, Producer, ABC Radio National

63. Sharon Davis, Radio Documentary, Radio National

64. Liam Phelan, Night Editor, The Sydney Morning Herald

65. Mike Carey, Freelance TV and Radio Producer, Australia

66. Associate Professor Peter Dunbar�Hall, Sydney Conservatorium of Music

67. Phil Thornton, Independent Journalist, Thailand

68. Gordon & Marie Esden, Birchgrove New South Wales

69. Kay Nankervis, Lecturer in journalism, Charles Sturt University, Bathurst, Australia

70. Sally McCausland , Senior Lawyer, SBS Television, Australia

71. Jenna Price, Lecturer in journalism, University of Technology, Sydney

72. Eurydice Aroney, Lecturer and Radio Journalist, University of Technology, Sydney

73. Bonita Mason, Lecturer in journalism, Curtin University of Technology

74. Mignon Shardlow, Lecturer in journalism, Curtin University, Perth

75. Jahnnabi Das, Researcher, University of Technology, Sydney

76. Akhteruz Zaman, Researcher, University of Technology, Sydney

77. Damian Cobley�Finch, Psychologist, Member of Friends of Maliana

78. Mignon Shardlow, Journalism lecturer, Curtin University, Perth

79. Dr Cassi Plate, Councillor, Leichhardt Municipal Council

80. Steven Scott, The Canberra Times

81. Sylvie Macbean, Fairfax Media

82. Adrian Kendrick, The Age, Melbourne

83. Monica Heary, Journalist, St George and Sutherland Shire Leader

84. Adam Hosfal

85. Rachel Smith, Fairfax Media

etanetanetanetanetanetanetanetanetanetanetanetan

ETAN welcomes your financial support. Go to http://etan.org/etan/donate.htm to donate. Thanks.

John M. Miller fbp@igc.org
National Coordinator
East Timor & Indonesia Action Network (ETAN)
PO Box 21873, Brooklyn, NY 11202-1873 USA
Phone: (718)596-7668 Mobile phone: (917)690-4391
Skype: john.m.miller
Web site: http://www.etan.org

Send a blank e-mail message to info@etan.org to find out
how to learn more about East Timor on the Internet

etanetanetanetanetanetanetanetanetanetanetanetan

País está no caminho do desenvolvimento e da estabilidade política - Ramos-Horta

Nações Unidas, Nova Iorque, 19 Fev (Lusa) - Timor-Leste está no caminho do desenvolvimento e da estabilidade política, garantiu hoje em Nova Iorque o Presidente timorense, José Ramos-Horta, num discurso proferido cerca de um ano depois de um atentado que quase lhe custou a vida.

Ramos-Horta intervinha numa sessão do Conselho de Segurança das Nações Unidas dedicada à situação em Timor-Leste, que antecede a votação da próxima semana, em que deverá ser renovado o actual mandato da missão da ONU no território (UNMIT).

No seu discurso, o chefe de Estado timorense agradeceu à comunidade internacional o apoio prestado a Timor-Leste após os ataques de 11 de Fevereiro de 2008, que quase lhe custaram a vida, e que envolveram igualmente o primeiro-ministro, Xanana Gusmão.

José Ramos-Horta garantiu que Timor-Leste "deu uma volta" e encontra-se em paz.

"Para os que na imprensa e os pseudo-académicos que gostam de clichés, como os de Estado falhado, nas suas conversas moles sobre o meu país, apenas me resta dizer-lhes com algum desdém mal dissimulado que vamos muito bem. Obrigado", disse.

O Presidente timorense acrescentou que já não há grupos armados em actividade no país e destacou que os índices de criminalidade desceram a níveis inferiores aos de alguns países mais desenvolvidos.

"A nossa economia vai muito bem, com um crescimento real superior a 10 por cento em finais de 2008. Com um orçamento de 680 milhões de dólares (537 milhões de euros) para 2009, e 200 milhões de dólares (158 milhões de euros) em programas financiados por doadores, creio que conseguiremos manter um crescimento de dois dígitos apesar da crise", apontou.

Este cenário económico permitirá ao Governo efectuar investimentos sociais para reduzir o elevado índice de pobreza que assola o país e que desde a independência, em 2002, aumentou de 36 para 49 por cento, precisou.

O tom optimista da intervenção de Ramos-Horta foi corroborado pelo secretário-geral da ONU, Ban Ki-moon, que também numa intervenção perante o Conselho de Segurança, assegurou que Timor-Leste entrou em 2009 "com o horizonte desanuviado".

"Este país pode dedicar-se, sem distracções, ao trabalho essencial de construir os alicerces firmes e duradouros que são essenciais para alcançar a estabilidade e a prosperidade", frisou.

EL.
Lusa/Fim

País presta homenagem à GNR

19-02-2009 19:05
RR

A Presidência da República timorense vai condecorar a GNR e homenagear todos os seus militares que já cumpriram serviço naquele país. A cerimónia está marcada para dia 3 de Março e vai estrear o novo título honorífico de Timor.

Já era uma tradição que cada contingente rendido fosse condecorado com a medalha das Nações Unidas, mas, desta vez, a homenagem tem um outro significado.

Esta medalha de Solidariedade de Timor existe há muito pouco tempo e a GNR vai ser a primeira entidade a recebê-la.

A ideia foi do próprio Presidente Ramos Horta e tem como objectivo homenagear todos os quase 600 militares dos seis contingentes que passaram por Timor desde Maio de 2006.

O Comandante Geral da GNR Nelson Santos – que vai a Timor receber a medalha – sublinha a ligação emocional que já existe com Timor.

A homenagem acontece em plena rotação do sub-agrupamento Bravo. De partida estão mais 140 militares, para render outros tantos que ali trabalharam nos últimos seis meses.



Rui Pereira recebe representante da ONU em Timor-Leste

O Ministro da Administração Interna vai, entretanto, receber amanhã em Lisboa o representante da ONU em Timor-Leste.

Rui Pereira vai tentar definir as regras da presença da GNR naquele país por mais um ano, em especial na vertente financeira, embora se mostre desde já disposto a prolongar a missão, até que as autoridades timorenses o considerem fundamental.

ML/Celso Paiva Sol

Entrevista ao novo comandante da Polícia da ONU em Timor

TSF

18 FEV 09 às 15:39
Intendente Luis Carrilho

A Polícia das Nações Unidas em Timor volta a ter um comandante português. O intendente Luís Carrilho vai cumprir um mandato de um ano, liderando uma força que tem por missão assegurar a ordem pública no território e reestruturar a Polícia Nacional de Timor-Leste, que implodiu na sequência da crise política e militar de 2006.


O Intendente Luis Carrilho, novo comandante da Polícia das Nações Unidas em Timor, fala sobre o regresso aquele país. A entrevista é conduzida pelo jornalista Manuel Acácio.

A escolha de um português acontece depois das críticas do Presidente José Ramos Horta ao comportamento das forças de segurança, na sequência do atentado de que foi alvo há um ano. Na véspera da partida para Timor-Leste, o Intendente Luís Carrilho explicou ao jornalista Manuel Acácio porque é que decidiu aceitar o desafio de regressar a Timor.

Português à frente da missão da ONU

19-02-2009 10:35
RR

Luís Carrilho assume hoje o cargo de comandante da polícia civil da missão da ONU em Timor-Leste.

Em entrevista à Renascença apontou os objectivos para um ano de mandato nestas funções. “Garantir a ordem e a tranquilidades públicas, relacionados com o poder executivo da polícia. A segunda parte do mandato é potenciar e capacitar a polícia timorense para esta conseguir garantir a segurança aos seus cidadãos e às pessoas que ali vivem”.

Quanto a eventuais incidentes, o comandante – que esteve já em Timor-Leste em 2000 e 2001 - acredita que não se devem repetir.

Em Nova Iorque, o Conselho de Segurança das Nações Unidas deverá aprovar hoje a renovação do mandato da missão em Timor, que deverá manter o contingente da GNR.

Hoje, em Lisboa, realiza-se a cerimónia de despedida do sétimo contingente do sub-agrupamento bravo que vai partir para Díli no início do próximo mês.

Cx

Arte e cultura dos povos de Timor na colecção do Museu do Oriente

O Museu do Oriente dá a conhecer a “Arte e cultura dos povos de Timor” através de uma visita-conferência à exposição Presença Portuguesa na Ásia, que se realiza no dia 28 de Fevereiro, às 11h00, orientada por Alexandre Oliveira, especialista que colaborou na elaboração do catálogo.

O Museu do Oriente inclui, no seu espólio, objectos de todas as áreas de produção tradicional de Timor – das madeiras aos metais preciosos, passando pela olaria e pela tecelagem – o que permite entrever a vida de um povo nos seus diferentes domínios, desde o quotidiano doméstico às representações rituais de poder e do sagrado e, também, pela vida além-túmulo.

A actividade tem o preço de cinco euros e é necessária marcação.

“Arte e cultura dos povos de Timor” – Alexandre Oliveira

28 de Fevereiro – Sábado - 11h00 - Piso 4 - Preço: € 5,00

Museu do Oriente

Avenida Brasília - Doca de Alcântara (Norte) - 1350-362 Lisboa - Tel.: 213 585 200 E-mail: info@foriente.pt

"É PRECISO CREDIBILIZAR A POLÍCIA TIMORENSE"

DN
18.02.2009

VALENTINA MARCELINO

Confiança. O intendente Luís Carrilho vai comandar a polícia das Nações Unidas (UNMIT) em Timor. Na mala leva um terço que lhe deu o Papa e uma vontade férrea de ajudar a polícia timorense a conquistar a confiança da população. Defende que ninguém pode ser segregado por ter trabalhado para a Indonésia

Que missão lhe deu o secretário-geral da ONU?

A minha missão é a responsabilidade da manutenção da ordem pública, segurança e estabilidade em Timor. Ao mesmo tempo, devo preparar a transição do poder executivo que tem a polícia das Nações Unidas para a Polícia Nacional de Timor -Leste (PNTL).

Timor mereceu do secretário-geral da ONU algumas palavras especiais?

Estive com o secretário-geral, Ba Ki-moon, numa reunião com todos os comandantes de polícia das 18 missões das Nações Unidas que neste momento estão no terreno. Timor merece uma grande atenção por parte da ONU. É uma das suas maiores missões e a ONU está determinada em garantir o seu sucesso.

Timor é dos raros Estados que tem uma polícia estrangeira com poder executivo...

Não é caso único. No Kosovo isso também acontece. Este tipo de missões tem um prazo limitado, pois o objectivo é passar esse poder para as polícias do próprio país. À medida que a PNTL volte a ser uma polícia estruturada e estabilizada, volta a reassumir a responsabilidade da segurança e ordem pública. O que se pretende não é perpetuar a polícia das Nações Unidas no território, mas potenciar a polícia timorense.

E está longe ainda esse momento?

Não é fácil. Planos há, com toda a certeza. Mas da minha parte seria prematuro estar a falar já. Só quando chegar ao território e ver com os meus próprios olhos a situação é que posso tirar conclusões. É preciso falar com todos os actores envolvidos para ter uma ideia rigorosa do que é possível fazer.

Timor é um Estado novo, independente desde 2002. Para que os cidadãos de Timor-Leste possam ter mais confiança na sua própria polícia é preciso primeiro credibilizá-la e, sobretudo, fazer com que a população a acredite na polícia.

Mas esta avaliação não foi feita pelos seus antecessores?

Claro, mas em qualquer território, matérias como esta podem mudar de dia para dia. É um processo evolutivo. As coisas mudam. Pelas indicações que tenho, no entanto, sei que a situação tem melhorado substancialmente.

Que lições foram tiradas dos episódios de 2006, quando a PNTL se desmembrou completamente?

De facto, houve uma desestruturação da polícia em 2006, mas neste momento, a polícia voltou a ter alguma organização. Mas, como já disse, é preciso credibilizar a polícia timorense. É preciso aumentar a confiança da população na polícia.

O Sr. Intendente foi o primeiro director da Academia da Polícia de Timor. Formou, portanto, os elementos que protagonizaram essa ruptura. Não se sentiu responsável de alguma forma?

Em relação ao que aconteceu em 2006, o que posso dizer é o seguinte: quando saí do território acreditava - e continuo a acreditar - que os homens e as mulheres polícias com quem tinha trabalhado eram pessoas altamente motivadas para conseguir garantir a lei e ordem no país.

Então o que aconteceu?

Como é natural, todos os países têm o seu processo evolutivo e há determinado tipo de acontecimentos que todos gostávamos que não tivessem ocorrido.

E há diferença entre as expectativas que tinha quando foi para Timor em 2000 e as que tem agora?

Há nove anos não sabia de todo o que ia encontrar. Ia com um grande sentimento de entrega. Timor Leste estava e está no coração de todos os portugueses e estava no meu coração. É também assim que vou agora. Quero poder contribuir para a estabilidade em Timor Leste. Tudo o que possa fazer fá-lo-ei com muito gosto.

A ilusão era maior há nove anos?

A ilusão, a esperança, a confiança e o espirito positivo que tenho agora é exactamente o mesmo que tinha há nove anos. Acredito em Timor Leste e acredito nos homens e nas mulheres que servem a polícia timorense. Assim como acredito que é possível melhorar a sua credibilidade.

Quais são as principais fragilidades da polícia de Timor?

Não quero ainda avançar com diagnósticos. Quero chegar ao território e tirar depois as conclusões.

Um dos problemas que contribuiu para a descredibilização da polícia timorense em 2006 foi o facto de alguns dos elementos recrutados terem pertencido à polícia da indonésia. São diferentes agora os critérios de selecção para a polícia?

Os timorenses que vivem agora no Estado de Timor independente, são os mesmos que viviam no território durante o tempo em que Timor era parte de Portugal e são os mesmos que lá estavam quando foram integrados pela Indonésia. Como é natural, os princípios internacionais, o respeito pelos direitos humanos devem prevalecer em qualquer Estado. As pessoas que possam ter cometido factos que possam constituir crime serão devidamente sujeitas a um escrutínio legal.

Mas o facto de alguém ter sido da polícia indonésia é factor de exclusão de uma polícia timorense?

O sistema de recrutamento que em 2000 e 2001 se encontrou funcionou com pessoas que, como é natural, serviram durante o tempo português, durante o tempo indonésio e continuaram a servir a seguir. Os princípios pelos quais estou orientado será sempre um espírito de integração e não de segregação. O facto de alguém ter pertencido à polícia Indonésia não pode ser, só por si, um factor de exclusão.

Na selecção que fizermos saberemos ser rigorosos e ter tolerância zero para com aqueles que cometeram crimes, mas quer a polícia das Nações Unidas, quer a de Timor leste, terá como objectivo integrar e não segregar.

Como se comanda uma polícia que tem elementos de 40 países diferentes, com 40 doutrinas distintas?

Há princípios doutrinários que são internacionalmente comuns: o respeito pelos direitos do Homem e o princípio da proporcionalidade do uso da força.

O Governo de Timor convidou a GNR para criar uma força de segurança de matriz idêntica à sua. Enquanto oficial da PSP que vai comandar uma força policial internacional no território, o que pensa desta iniciativa?

Respeito, como é óbvio, qualquer decisão que o Governo de Timor Leste tome. A GNR tem uma grande reputação em Timor Leste. Conto e sei que vou ter o empenho da GNR, tal como conto com os elementos da PSP que lá estão e das outras forças internacionais. Timor Leste escolherá o seu próprio caminho no que pretende quanto ao modelo de segurança interna.

O atentado contra Ramos-Horta provocou alguma crispação entre o Governo e a ONU, nomeadamente com críticas de Ramos-Horta à "lenta" actuação da polícia das Nações Unidas para o ajudar. Essa tensão passou?

Não me ficaria bem comentar as declarações de um Chefe de Estado. Até porque já houve relatórios oficiais das Nações Unidas sobre esse assunto.

Mas o facto de a ONU ter escolhido um português para comandar a polícia é uma estratégia diplomática de aproximação ao presidente?

Na decisão da minha nomeação estiveram três actores envolvidos: Portugal, Timor e as Nações Unidas. Se não tivesse tido o apoio de Timor-Leste não iria para lá. Ser português honra-me muito, mas em Timor serei funcionário das Nações Unidas e serei cidadão internacional. Neste momento o que interessa é olhar para o futuro. E ajudar a sociedade timorense a seguir o seu caminho.

Carta do PUN sobre Guy Campos - Alegações de Crimes de Guerra

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
PARLAMENTO NACIONAL

PARTIDO UNIDADE NACIONAL - PUN
GRUPO PARLAMENTAR


16 de Fevereiro de 2009


Sr Kay Rala Xanana Gusmão
Primeiro Ministro
República Democrática de Timor Leste
Palácio do Governo
Dili, Timor Leste



Excelência,


Assunto: Sr. Guy Alberto Francisco Campos – Alegações de Crimes de Guerra

Nos termos do artigo 95 da Constituição da República Democrática de Timor Leste e dos artigos 9 no.1 (h) e no. 2 do Regimento do Parlamento Nacional, solicita-se de Vossa Excelência informar o Parlamento Nacional dentro de 30 dias, sobre as medidas tomadas pelo Governo e pela Polícia Nacional de Timor Leste (PNTL) para cooperar e apoiar a Polícia Federal Australiana a respeito das alegações de crimes de guerra e crimes contra a humanidade levados a cabo por Guy Campos durante a ocupação indonésia.

As alegações foram apresentadas à Polícia Federal Australiana para efeitos de investigação por cidadãos Timorenses residentes na Australia. Várias vítimas a viver em Timor Leste também já públicamente fizeram alegações de violações de direitos humanos perpetrados por Guy Campos. Além disso, o Relatório da Comissão para o Acolhimento, Verdade e Reconciliação (CAVR) e os arquivos contêm detalhes das atrocidades e das violações de direitos humanos cometidas por Guy Campos.

Estou profundamente preocupada com a seriedade destas alegações de crimes de guerra. Por isso, gostaria de solicitar a atenção de Vossa Excelência para assegurar que o Estado através do Governo cumpra o estipulado nos artigos 2, 6(b), 9, 22, 23, 26 e 160 da Constituição da República Democrática de Timor Leste e todas as nossas obrigações internacionais relacionadas com os direitos humanos reconhecidos através de Convenções e Tratados.

Espero receber as informações solicitadas no prazo de 30 dias a fim de eu exercer os meus deveres de representante eleita do povo para assegurar que o Estado de direito e os direitos humanos fundamentais sejam garantidos para o povo de Timor Leste.

Aceite, Excelência, os protestos da minha mais alta consideração e estima.

Com os melhores cumprimentos,


Fernanda Borges
Membro do Parlamento Nacional, PUN

CC: Sr Peter Heyward, Embaixador da Austrália
Sr Louis Gentile, Director, UNMIT, Secção de Direitos Humanos e Justiça Transicional

Tribunais não são independentes, acusa juiz português

RR
11-02-2009 9:43

O sistema de justiça timorense não é independente e só tem vindo a piorar, diz Ivo Rosa, o português mais polémico de Timor-Leste.

Ivo Rosa é juiz do Tribunal de Recurso e foi afastado pelo Conselho Superior de Magistratura de Timor-Leste – um exemplo, segundo diz, da interferência do poder político no poder judicial.

O afastamento, explica, deveu-se a uma “decisão, da qual fui relator e que não é minha, que considerou inconstitucional algumas normas do orçamento rectificativo”. A isto, junta-se o facto de dois membros daquele Conselho Superior exercerem funções ligadas ao poder político.

“Um deles é o secretário-geral do partido que suporta o CNRT e outro é assessor do gabinete do Primeiro-ministro. Estes dois factos indiciam que a decisão terá sido fundada em razões políticas, quando não existe qualquer aspecto técnico ou as minhas qualidades humanas tenham sido postas em causa”, acusa.

Ivo Rosa considera, por isso, que a decisão do Conselho de Magistratura é ilegal e diz que, em geral, o sistema de justiça timorense piorou.

“A justiça mudou para pior, no sentido daquilo que é a essência da justiça, [sobre a qual paira] essa questão da independência e da credibilidade”, afirma, dizendo que isso “fragiliza o próprio sistema judicial e o Estado”.

“O meu caso foi exemplo disso. É patente a intervenção do poder político no poder judicial”, sublinha.

O juiz português foi acusado pela Presidência timorense de atitudes coloniais e arrogantes – o magistrado quis, por exemplo, prender o rebelde Alfredo Reinado, contra a opinião de Ramos Horta. Reinado acabou por ser morto na sequência dos atentados de há um ano contra o Presidente e o Primeiro-ministro timorenses.

Ivo Rosa regressa a Portugal em Março, altura em que termina a sua comissão de serviço. À Renascença, confessou não estar interessado prolongar a sua missão em Timor-Leste: “Já estou há dois anos e meio em Timor-Leste e já é tempo de voltar à realidade”.

MG/Pedro Mesquita

GNR prepara reforma da polícia timorense

RR
13-02-2009 7:41

Dois oficiais da GNR partem no sábado para Timor-Leste, com o objectivo de estudar a reforma da polícia nacional daquele país.


É a resposta do Governo português a um pedido expresso do Presidente timorense, Ramos Horta, que está convencido de que o modelo de polícia civil imaginado no pós-independência não é o mais indicado para Timor.

Ramos Horta pretende agora uma polícia organizada num modelo semelhante ao da GNR e foi isso que pediu ao Governo português.

Os dois oficiais têm seis meses para traçar um plano, que terá depois um prazo de execução de cinco anos.

O trabalho dos dois militares é autónomo face aos outros 140 se encontram em Timor-Leste – e, ao que tudo indica, lá vão continuar por mais um ano – integrados na missão das Nações Unidas.


MG/Celso Paiva

País está a entrar "numa fase nova" - Amado

Díli, 13 Fev (Lusa) - Timor-Leste “está a entrar numa fase nova”, afirmou hoje em Díli o ministro de Estado e dos Negócios Estrangeiros português, Luís Amado.

O chefe da diplomacia portuguesa, que terminou hoje uma visita de três dias a Timor-Leste, partiu de Díli com “perspectivas bem mais optimistas quanto à viabilização do Estado timorense”.

Amado considerou também que a liderança timorense “tirou as ilações dos perigos e dos riscos que o país viveu nos acontecimentos de 2006 e nos atentados de 2008”.

“Timor-Leste está a entrar numa fase nova, ultrapassados os problemas de insegurança que o país viveu e alguns conflitos que marcaram a relação entre alguns elementos da elite timorense”, acrescentou Luís Amado.

O ministro dos Negócios Estrangeiros, acompanhado pelo seu homólogo timorense, Zacarias Albano da Costa, falava numa recepção com a comunidade portuguesa, no quartel do subagrupamento Bravo da GNR.

Os cerca de 140 militares da GNR em Timor-Leste integram, como força de polícia autónoma, a Polícia das Nações Unidas.

Luís Amado reafirmou que a GNR estará em Timor-Leste enquanto durar o mandato da Missão Integrada das Nações Unidas (UNMIT), que deverá ser renovado na próxima semana pelo Conselho de Segurança.

Tanto Luís Amado como Zacarias Albano da Costa manifestaram a certeza de que Nova Iorque aprovará uma extensão por mais um ano do mandato da UNMIT.

Na última manhã da sua visita oficial, Luís Amado encontrou-se com o bispo de Baucau, D. Basílio do Nascimento, e visitou a Escola Portuguesa de Díli.

PRM.
Lusa/fim

NOTA:

Se é uma nova fase deve ser a da corrupção. E o MNE português demonstra que mais uma vez os governos "ocidentais" preferem uma corrupção alastrada no terceiro mundo e que acreditam que isso é factor de estabilização.

Mas é engraçado como Luís Amado repete o mesmo que outros governantes disseram, mas relativamente ao governo anterior da FRETILIN... Palavras de circunstância.

Pfff.