East Timor Legal Information Site
LEGAL NEWS FEBRUARY 2008 PAGE 8
East Timor in renewed hunt for would-be assassins By Stephanie March in Dili Posted Fri Feb 22, 2008 7:31pm AEDT - East Timor's police and military have started a new operation to search for the rebels involved in last week's attacks on the Prime Minister and President.
Prime Minister Jose Ramos-Horta was shot twice in a failed assassination attempt 11 days ago.
Rebel leader Alfredo Reinado was killed in the assassination attempt. More than 1,000 police and soldiers have taken part in a military parade through the streets of Dili in a show of strength against the rebels.
The troops are raiding homes and sweeping through the hills outside Dili to search for 17 people suspected of involvement in the attacks. Prime Minister Xanana Gusmao says East Timor cannot afford to sit and wait for the rebels to come out of hiding.
"We are starting to go after the rebels. We will go after them and destroy them - destroy them so the people have stability, destroy them so that we can develop our country," he said.
"They can keep hiding if they want, but their time is over. The people need to live in peace."
East Timor's military commander Taur Matan Ruak said he will have no sympathy for anyone caught hiding the rebels involved in the attack.
The merger of police and the military sparked concern among East Timor analysts, who feared the move could reignite tensions between the police and military that flamed during the crisis in 2006.
East Timor's leaders are meeting today to decide whether or not to extend the state of emergency, which is due to expire tomorrow. http://www.abc.net.au/news/stories/2008/02/22/2170446.htm?section=justin
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Letter of complaint from Jose Teixeira to SBS TV News fretilin.media@gmail.com
Dear all
Attached below is a letter of complaint sent to SBS News from Jose Teixeira regarding a recent defammatory story by SBS.
Regards
Railakan Makaas
FRETILIN Media
Friday, February 22, 2008,
To: Complaints, SBS Australia
Yesterday your national news bulletin carried a report from a reporter in Timor-Leste, Maria Gabriela Carrascalao, wherein my character was seriously defamed by both Ms Carrascalao and SBS. The report imputed my involvement with the contemptible and abhorrent criminal attacks on the President and Prime Minister of Timor-Leste.
Your report and the imputations regarding me in the report are false and misleading. I have denied in a press release of the 20th of
February 2008 that would have been accessible denied any involvement with these events. A press conference was also held by the FRETILIN parliamentary group on my behalf making it clear that this was based on nothing more than a political witch hunt of me and FRETILIN.
Facts would also have been available to your reporter yesterday that on 20th of February, the day after I was the subject of the police action, the prosecutor general himself stated that the police had acted "outside procedures", and that I was not and have never been a person named in a list provided by the prosecutor general to the police for questioning.
After being taken into the Dili Police Headquarters without either a warrant or another lawful reason, and in total disregard of my immunity as a member of the Timor-Leste National Parliament, I was informed by the commander of the National Investigations Division, a joint Timor-Leste Police and UN Police unit, that they did not have any requirement for my presence for questioning. However, given the lateness of the night and after interventions on my part my some of the FRETILIN leadership, I was allowed to and in fact driven to a friend's residence where I stayed for the evening.
The fact that I was taken in 45 minutes before the commencement of the nightly curfew period is significant, as I was informed the following day by many police that many people were picked under similar circumstances to myself who were detained overnight at the police station but released in the morning for want of any basis of evidence whatsoever.
I presented the following morning as agreed with the commander of the National Investigation Division and gave a short statement. However, the police who took my statement did not have any facts to put to me because they had not been involved in bringing me in and other than a general knowledge of being brought in as a witness, knew nothing else. After giving a short statement I was allowed to leave unimpeded and without further requirements from the police.
However, prior to leaving, the senior UN Police officer requested to speak with me and reiterated what had been told to me by the Timorese National Investigation Division Commander, that being that I was not named or known to them on any list provided by the Prosecutor General's Office from whom they took their instructions during the investigation of the events of 11th February 2008.
On the evening of my being subject to police action, a senior FRETILIN leader spoke to the Deputy Commander of the Timor-Leste National Police Operations who informed him that he was aware of the operation against me and ordered it. Though asked, he declined to comment on who gave him orders to order the operation against me. It is known that the prosecutor general's office was not aware or involved with the operation and nor was the National Investigations Division.
The fact is that orders were given and FRETILIN and I are demanding in parliament to know, as was demanded in the media conference on the 20th February, exactly who ordered that I be taken in for questioning.
All these facts were readily ascertainable by your Dili reporter had she bothered to seek information or even a comment from myself or other FRETILIN spokespersons, so as to report in a more balanced and truthful manner.
I have consistently denied knowing any of the persons suspected of being involved, including the deceased Reinado or of in any way having any involvement whatsoever with them or any of their activities whatsoever.
It is our firm belief that the police action against me was a politically motivated action with the knowledge of the government, aimed at tarnishing me good name and to undermine the effectiveness of my role as a FRETILIN media spokesperson and liaison officer. FRETILIN has and will continue to insist on an answer as to who gave the orders to the police to take the action they did against me.
I am currently taking legal advice and intended to commence all relevant legal proceedings in whichever jurisdiction may be necessary to seek to remedy the extensive damage that has already been sustained by my previously good name and character as a result of your defamatory report and other reports as well.
In the interim, I hereby demand that you broadcast a retraction taking into account the facts that were already available to your reporter and your network when the story ran last night. This will only go a small way to remedying the damage already sustained by my hitherto good name and character.
Jose Teixeira MP
Dil, Timor Leste
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Daily Media Review 22 Feb 2008
TVTL News Coverage
FBI agents meet PGR - The General Prosecutor of the Republic (PGR) Longuinhos Monteiro held a briefing with delegates from the Federal Bureau of Investigation (FBI) on Thursday (21/2). "The FBI delegation will be working together with the Australian Federal Police (AFP). I have briefed them on the mechanisms they should use while working in Timor-Leste," said PGR Monteiro. PGR Monteiro also said that the continuing presence of the FBI and AFP in Timor-Leste is contingent on upon decisions made by the Public Ministry. (TP)
RTL News Coverage
SRSG meets Alkatiri - The Special Representative of the Secretary-General, Atul Khare, has met with Fretilin's Secretary-General, Mari Alkatiri, to share information with each other. "Mr Khare used to come here every Wednesday to share and receive information from myself, the President, Prime Minister and the National Parliament President. Sometimes he meets me twice a week," said Mr. Alkatiri. Mr Alkatiri also claimed that the government is late in providing information to the public as to the motives behind Reinado's attack on the residence of PR Ramos-Horta. "It has caused a big confusion as until now we know nothing about what happened. Why was Alfredo killed? Who killed him? And why did Alfredo go to the PR's residence? Who is behind all of this? There is still no clarification about all these issues," said Mr. Alkatiri.
PNTL welcomes community criticisms -The Acting Commander of the National Police of Timor-Leste (PNTL) has said that criticisms from the community regarding PNTL activities are welcome because they motivate the PNTL to behave more professionally. "All criticisms motivate the PNTL," said Commander Mateus. Commander Mateus also said that as the nation is in a fragile condition, constructive criticism and suggestions were needed to ensure professionalism was maintained by the police.
Print Coverage
Government asks President to extend 'State of Emergency' - The Government is set to ask the President of the Republic to extend the 'State of Emergency' during the meeting of the Council of Ministers held on Thursday (21/2) in the Government Palace in Dili. According to the Government, the situation remains calm, but the groups that attacked PR Ramos-Horta and PM Xanana are still at large. (TP)
Decision to extend UNMIT made this month - The Spokesperson of the United Nations Integrated Mission in Timor-Leste (UNMIT), Allison Cooper, said that the decision to extend the current mandate of UNMIT will be made this month. "The Security Council has held a meeting to look at the report of the progress made by UNMIT. This will take time to analyze, but before the 28th of this month, the result of decision to extend will be made," said Ms. Cooper on Thursday (21/2) in her office in UNMIT HQ in Obrigado Barracks Caicoli, Dili. (DN)
Guterres: NP to give amnesty to Salsinha -The Acting President of the National Parliament, Vicente Guterres, said that amnesty will be provided to Salsinha and his group upon their surrender to ensure that their rights are protected. (DN)
ICI: UNMIT has no formal request - The Spokesperson of the United Nations Integrated Mission in Timor-Leste (UNMIT), Allison Cooper, said that there has been no formal request from the Government of Timor-Leste for UNMIT to establish an International Commission of Inquiry (ICI) as stated publicly by the media. "Regarding the ICI, UNMIT has had no formal request. People are aware that the Acting President and the F-FDTL Commander are also talking about establishing an ICI, but there has been no formal request made to UNMIT to do so," said Ms. Cooper on Thursday (21/2) in UNMIT HQ in Obrigado Barracks Caicoli, Dili. (DN)
Mari Alkatiri: "Government late in giving information" - Former Prime Minister and Secretary-General of Fretilin, Mari Alkatiri, has claimed that the government is late in providing information to the public as to the motives behind Reinado's attack on the residence of PR Ramos-Horta. "It has caused a big confusion as until now we know nothing about what happened. Why was Alfredo killed? Who killed him? And why did Alfredo go to PR's residence? Who is behind all of this? There is still no clarification about all these issues," said Mr. Alkatiri on Wednesday (20/2) in Farol, Dili after meeting with the Irish Foreign Affairs Minister, Dermot Ahern.
Separately, regarding the meeting with SRSG Atul Khare, Mr. Alkatiri said that the meeting was a regular meeting held between the SRSG, the PR and PM, himself and others. (DN)
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TLGOV: Xanana Gusmao before parliament on extending the state of emergency
DEMOCRATIC REPUBLIC OF EAST TIMOR
OFFICE OF PRIME-MINISTER
Office of the Press
Dili, 22 February 2008
The Prime Minister Kay Rala Xanana Gusmao proposed to the interim President of the Republic a renewal of the declaration of state of emergency for a further period of 30 days throughout the national territory, with suspension of the right to movement during curfew between 22.00 and 06h00.
In a speech today in the National Parliament, the Head of Government justified the proposal because of "the current situation that crosses East Timor can not yet be considered stable," stressing that the perpetrators of the attacks on the lives of the President and the Prime Minister have not yet been caught.
"There remain serious threats to the stability of our young nation," said Kay Rala Xanana Gusmao, referring to in particular to the "existence of an armed group whose location is uncertain" and the existence of "strong indications" that a group of Reinado supporters can trigger the "actions of disturbance if not maintained the situation of a state of emergency."
"This situation of the existence of an armed group to challenge the constitutional order is inadmissible", considered the head of government, adding that "our Defence and Security Forces point to the existence of a serious threat that must be neutralised."
The government considered delaying the time for the start of the curfew - for the 22 hours - because it is aware of the impact that this has on the national economy.
"We know that the business is impeded by the current state of emergency, especially the restoration, which does not have the movement that would have a normal climate and that seriously damages traders and entrepreneurs", justified the Chief Executive.
The Prime Minister argued, however, that if not resolved "definitely" the climate of instability and "feeling of insecurity of the citizens", the economic impact in the future "could be much greater."
"The government of Timor-Leste has to ensure, first, security and stability of the country, and then we can concentrate on economic and social development," considered.
The Head of the Government said it is in the "national interest now to ensure the adoption of forms of organisation and measures of exceptional character - but definitely solve the problem - to avoid in the future a repeat of cases of disturbance to the democratic institutions of public life and of life in society, ensuring the restoration of public order and the return of the right to security for all citizens. "
Kay Rala Xanana Gusmao revealed that this next period of exception, the Government intends to trigger more active as "Special Operations Criminal Prevention " and "Special arrangements under Criminal Procedure for cases of Terrorism, Violent or Highly Organized Crime ," provided for in Decree - Law No. 2 / 2007 and Decree Law No. 4 / 2006, respectively.
The Executive also asked the Interim President of the Republic who is scheduled in the declaration of state of site the possibility of holding a home searches and arrests outside flagrante delicto during the night time, provided that preceded with the competent judicial mandate.
In his speech this afternoon at the National Parliament, the Prime Minister made a "particular reference" to the cooperation developed between the F-FDTL and PNTL, "who have worked positively and united for the common good" in the structure of Operational Command meanwhile created and recalled the reasons why the government requested the interim President of the Republic to extend the state of emergency, passing still under review the measures and actions that have been taken, to ensure public order and ensure stability of the population.
"During these twelve days when we live a situation of" exceptional democratic "could allay the souls of the Timorese people and maintain public order and stability, thus ensuring the constitutional values concerned," concluded Kay Rala Xanana Gusmao.
END
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REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
GABINETE DO PRIMEIRO-MINISTRO
Gabinete de Imprensa
Dili, 22 de Fevereiro de 2008
O Primeiro-Ministro Kay Rala Xanana Gusmão propôs ao Presidente da República interino a renovação da declaração de estado de sítio por um período adicional de 30 dias em todo o território nacional, com suspensão de direito de circulação durante o recolher obrigatório entre as 22h00 e as 06h00.
Numa intervenção hoje no Parlamento Nacional, o Chefe do Governo justificou a proposta pelo facto de “a actual situação que Timor-Leste atravessa ainda não pode ser considerada estável”, sublinhando que os autores dos atentados às vidas do Presidente da República e do Primeiro-Ministro ainda não foram capturados.
“Subsistem graves ameaças à estabilidade da nossa jovem Nação”, afirmou Kay Rala Xanana Gusmão, referindo-se, nomeadamente, à “existência de um grupo armado cuja localização é incerta” e à existência de “fortes indícios” de que um grupo de apoiantes de Reinado possa desencadear “acções de perturbação caso não seja mantida a situação de um estado de excepção”.
“Esta situação de existência de um grupo armado a desafiar a ordem constitucional é inadmissível”, considerou o Chefe do Governo, acrescentando que “as nossas Forças de Defesa e Segurança apontam para a existência de uma séria ameaça que tem de ser neutralizada”.
O Governo considerou atrasar a hora do início do recolher obrigatório – para as 22 horas – porque tem consciência do impacto que este tem na economia nacional.
“Sabemos que as actividades comerciais são prejudicadas pelo actual estado de sítio, sobretudo a restauração, que não tem o movimento que teria num clima normal e isso prejudica gravemente comerciantes e empresários”, justificou o Chefe do Executivo.
O Primeiro-Ministro defendeu, todavia, que se não for resolvido “definitivamente” o clima de instabilidade e “sensação de insegurança dos cidadãos”, o impacto económico no futuro “poderá vir a ser muito maior”.
“O Governo de Timor-Leste tem que garantir, em primeiro lugar, a segurança e a estabilidade do País, para depois se poder concentrar no desenvolvimento económico e social”, considerou.
O Chefe do Governo acrescentou ser do “interesse nacional, acautelar agora a adopção de formas de organização e medidas de caracter excepcional – mas que resolvam definitivamente o problema – para no futuro evitar que se repitam casos de perturbação às instituições democráticas, da vida pública e da vida em sociedade, garantindo o restabelecimento da ordem pública e a devolução do direito à segurança a todos os cidadãos”.
Kay Rala Xanana Gusmão revelou que neste próximo período de excepção, o Governo pretende accionar mais activamente as “Operações Especiais de Prevenção Criminal” e os “Regimes Especiais no âmbito Processual Penal para casos de Terrorismo, Criminalidade Violenta ou Altamente Organizada”, previstos nos Decreto-Lei nº2/2007 e Decreto-Lei nº 4/2006, respectivamente.
O Executivo solicitou ainda ao Presidente da República interino que seja prevista na declaração de estado de sítio a possibilidade de realização de buscas domiciliárias e detenções fora de flagrante delito durante o período nocturno, desde que precedidas do competente mandato judicial.
Na sua intervenção esta tarde no Parlamento Nacional, o Primeiro-Ministro fez “uma referencia especial” à cooperação desenvolvida entre as F-FDTL e a PNTL, “que têm trabalhado positivamente e unidos para o bem comum” na Estrutura Operacional de Comando entretanto criada e recordou os motivos pelos quais o Governo solicitou ao Presidente da República interino o estado de sítio, passando ainda em revista as medidas e acções que foram tomadas, tendentes a assegurar a ordem pública e garantir estabilidade da população.
“Durante estes dozes dias em que vivemos uma situação de «excepcionalidade democrática» foi possível acalmar os ânimos dos cidadãos timorenses e manter a ordem pública e estabilidade, assegurando assim os valores constitucionais colocados em causa”, concluiu Kay Rala Xanana Gusmão.
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