East Timor Legal News March 2007 Page 2

ALIANSI NASIONAL TIMOR LESTE BA TRIBUNAL INTERNASIONAL TIMOR-LESTE NATIONAL ALLIANCE FOR AN INTERNATIONAL TRIBUNAL Office of Timor-Leste NGO Forum (FONGTIL), Caicoli, Dili,Timor-Leste

Alliance Continues to Struggle for Justice The Timor-Leste National Alliance for an International Tribunal (ANTI) is an advocacy network which includes student groups, families of victims, non-governmental organizations, and individual who interest in justice.

This network was formed in July 2002, to campaign for and demand justice for the victims and for all the people of Timor-Leste.

Crimes committed by Indonesian security forces and their militias in Timor-Leste in 1999 were crimes against humanity, therefore all the perpetrators of these crimes should be brought before a fair and credible court. This conclusion is already embodied in article 161 of the RDTL Constitution as well as in international law.

Therefore, the Alliance for International Tribunal struggles against all international, regional and national actions which obstruct justice. As we struggle for justice, the Alliance has faced many obstacles including the absence of political will for justice among many people in authority. They prefer to

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LEGAL NEWS MARCH 2007 PAGE 2

promote good relations through friendship andreconciliation, reaching out to people with blood on their hands who have yet to face justice.

Based on this reason ANTI held three days of Strategic Planning on 20-22 March 2007, resulting in this joint declaration that ANTI will continue to:

“Struggle for an International Tribunal with the objective to provide justice which is fair for all the people of Timor-Leste, especially for the victims, and to reject totally all attitudes and policies which promote impunity in Timor-Leste and anywhere in the world.”

The Alliance for International Tribunal demands:

International Community:

The UN must not wash its hands of the problem of crimes against humanity 1999 in Timor-Leste, because UN accepted responsibility to facilitate the popular consultation here and gave security responsibilityto the Indonesian government.

The UN Security Council should immediately follow up therecommendations from UN Commission of Experts.

The permanent and non-permanent members of the UN Security Councilshould support justice rather than legitimize the criminals and promoteimpunity in the world.

We ask the United States, Australia, England, Indonesia, which supported Indonesia’s invasion of Timor-Leste, to face the court and make reparation to the victims.

We ask for support from community and regional and international solidarity organizations.

The State of Timor-Leste

The National Parliament should enact a resolution to implement thefinal report of CAVR, following the normal process to enact legislation in Timor-Leste. We ask the National Parliament and the President of the Republic toreview the context of draft Amnesty/Clemency which is currently being debated in the plenary of Parliament, and not to pass or promulgate it. This law itself will promote impunity and ignore justice which the people of Timor-Leste demand.

The state needs to define policies which can support the victims of 1999, rather than worry about their own well-being as in the pension lawsfor ex-Parliamentarians and ex-office-holders.

Public

We ask to the public to support ANTI in the struggle for fair justice for all the people of Timor-Leste. Based on ANTI’s observation, crimes continue to be committed in Timor-Leste, because the state lacks the political will to establish justice. For example, the main perpetrators of crimes against humanity in 1999 remain unpunished and there is no adequate mechanism to address them. Injustice continues because there is no process to bring those who committed them to justice.

We ask to the public to urge all the presidential candidates who are now campaigning to prioritize justice the most important factor in moving our country forward.

We ask this not only of candidates for president, but also for thenational parliament election.

To all our victims, we must not be tired or give up the fight for our rights and for fair justice for everyone.

Dili, 22 March 2007

Members of National Alliance for an International Tribunal:

· Student Representatives: Sisto do Santos & Francisco Mariano

· Representatives of Victims’ Families: Maria Afonso & Edio Saldanha

· Representatives of NonGovernmental Organizations: Yasinta Lujina, La’o Hamutuk & Nugroho Kacasungkana, Instituto Educasaun Popular

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JSMP PRESS RELEASE The perpetrators of a shooting that occurred in the Jardim IDP camp in 2006 are acquitted 30 March 2007

On 28 March 2007 the Dili District Court acquitted two defendants charged with a shooting that occurred at the Jardim IDP camp in September 2006. The defendants in this case were Xavier Freitas and Gastão Piedade. The hearing was conducted by a panel of judges consisting of Judge Ivo Nelson (International judge), Judge Antoninho Gonçalves and Judge Guilerme Gonçalves. The prosecution was represented by Baltazar B. (International prosecutor) and the two defendants were represented by the lawyer Benevides Correia Barros (Liberta) and Pedro Aparicio (legal advisor).

In accordance with the court schedule, the hearing was conducted for the purpose of examining the witnesses (and victim) presented by the prosecution, however the witnesses, who had been properly summoned by the court, failed to attend the hearing, and thus the prosecutor requested for the court to adjourn the hearing for a continuation of the examination of witnesses.

Based on the observations of JSMP, the legal advisors of the defendants implicitly agreed to an adjournment in order that witnesses could be presented. However the request of the prosecution was rejected by the court and the hearing proceeded whereby the court promptly delivered its decision.

In the indictment the prosecution charged the defendants under Article 53 (1) of the Indonesian Penal Code which relates to an attempt to commit a crime, Article 170 of the Indonesian Penal Code which relates to committing violence against another person in collaboration and in public, as well as Article 338 of the Indonesian Penal Code which relates to murder. In addition to the aforementioned articles of the Indonesian Penal Code, the defendants were also accused of violating Section 4.4 of UNTAET Regulation No. 05/2001 which states that it is a criminal act to be carrying firearms/dangerous weapons to a public meeting or demonstration.

In his recommendation of sentence, the prosecutor stated that it had been proven legitimately that the defendants had used a firearm (pistol) to shoot and injure several victims located at the Jardim camp. These allegations are based on witness statements taken when the victim and witnesses spoke to the police (preliminary investigation phase).

In their final plea, the legal counsel for the defendants rejected the indictment and recommendation for sentencing made by the prosecution and claimed that these allegations had no factual or legal basis. The legal counsel for the defendants referred to Article 267 (1) of the Criminal Procedure Code which basically sets out that statements made during the investigation phase can not be used in court. In addition, the contents of the indictment could not be proven by the prosecution in the trial as the prosecutor had failed to present evidence, witnesses or a victim to support the indictment.

After hearing the prosecutor’s recommendation of sentence and the final plea from the defence, the panel of judges overseeing this case decided to fully acquit both the defendants as the prosecution had failed to prove during the trial that the crime had been committed by the defendants (there were no witnesses or evidence).

Nevertheless, the public prosecutor announced his intent to lodge an appeal against this decision on the grounds that the court should have adjourned the hearing so that witnesses could be presented to the court to provide testimony and reveal the legal facts relating to the criminal act committed by the two defendants.

JSMP believes that the court could have granted the request of the public prosecutor to adjourn the hearing so that the witnesses could be presented, with reference to:

a) Article 141 (2) of the Criminal Procedure Code which states that where the witnesses are not present, a date shall be set for that purpose,

b) Article 250 (4), b of the Criminal Procedure Code which states that the judge orders the interruption of the hearing after it has started if it is absolutely necessary to produce further evidence, which is unavailable at the time the hearing is in progress.

c) Article 251 (2) of the Criminal Procedure Code which states that the absence of procedural participants before the hearing has started may result in a postponement.

d) Article 261 (1) of the Criminal Procedure Code which states that the absence of the aggrieved person (witness) may justify the postponement of the hearing only if the court believes that his or her presence is essential for the discovery of the truth and that the presence of the absentee on the new date to be set for the hearing is likely to be ensured.

The only way to prove or disprove the prosecutor’s allegations that the defendants were involved in a crime legal is to reveal the legal facts through the testimony of the witnesses (and the victim). It is possible that the testimony of the witnesses and victim could give rise to new legal facts, for example it may be revealed that the two defendants were not actually the perpetrators of shooting that occurred in September 2006 in the Jardim IDP camp, but in fact the actual perpetrators have not been identified by the authorities handling this matter, namely the police and the prosecution unit.

For further information please contact: Leonidio Marques. S. H Legal Researcher (National) Email: nidio@jsmp.minihub.org Or the Director of JSMP Timotio de Deus Email: timotio@jsmp.minihub.org

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INTERNATIONAL STABILISATION FORCES TIMOR-LESTE Camp Phoenix, Dili. 29 Mar 2007 UPDATE BY BRIGADIER MAL RERDEN, CSC COMMANDER INTERNATIONAL STABILISATION FORCES (ISF)

Progress on the apprehension Operation

Our Operations have continued with a series of vehicle check points and patrols throughout Aileu, Manufahi, Ainaro, Cova Lima, Bobonaro, and Ermera districts. Reinado remains a fugitive from justice; those who directly support him are breaking the law. Reinado’s actions compromised earlier negotiation attempts, by the Government of Timor-Leste. Through his actions he has shown that he is not trustworthy and does not deserve support or assistance. Reinado no longer poses a significant threat. He is now reduced to small groups with very limited movement or support.

I encourage all people to provide information to the authorities about Reinado and his group. I also want to thank all those Timorese who have already assisted with information for the apprehension Operation

The ISF together with the Timor-Leste Government and the United Nations call upon Reinado to hand himself in to the authorities and allowthe Timorese people to continue to resolve their differences democratically and peacefully.

Regarding the incident at the Gleno check pointon 26 Mar 07:

I can confirm that at approx 1600 hrs 26 Mar 07, ISF security forces stopped and searched a vehicle in the Gleno area whilst conductingsecurity operations in support of the general elections. This vehicle had been speeding and driving in a dangerous manner, forcing an ISF vehicle to take evasive action, and had failed to stop despite several clear directions to do so. The vehicle came to a stop at an ISF check point. The occupants of the vehicle continued to disregard ISF personnel directions at the checkpoint. ISF personnel proceeded to restrain one occupant after he ha dmoved within the vehicle as if reaching for a weapon.

The soldiers used the minimum force required to control the situation. They acted with restraint given the potentially dangerous situation created by the actions of the vehicle occupants.

The ISF and all other security forces are here to support all participants of the Timor-Leste general elections to ensure safe and secure democratic process. Everyone has the responsibility to cooperate with the security forces, by providing appropriate identification and complying with all directions during the general elections security operations. We encourage all political parties’ officials to cooperate with the security forces and support the security operations for the Timor –Leste general elections.

ISF are conducting security operations in all the districts of Timor-Leste in coordination with the Government of Timor-Leste and The United Nations Integrated Mission in Timor-Leste (UNMIT) to ensure a secure and safe environment for the conduct of the general elections. ISF current operations have been boosted in the districts to support the election campaign process. This important process is progressing well.

Regarding the claims that ISF soldiers damaged a church door and someproperty in Aileu on 23 of March 07

ISF members conducted a task in Aileu as part of the ongoing apprehension operation for Alfredo Reinado. During the task, ISF soldiers were required to conduct an inspection of a church building in Aileu. They tried to find someone to let them inside the building without success. They entered the church through an unlocked door and ensured the building was empty. The ISF soldiers left the building through the same door. No property was damaged during the inspection.

ISF members undertake specific Timor-Leste cultural awareness training as part of their force preparation activities. These sensitivities are factored into all ISF planning. For future Media enquiries, please contact Squadron Leader Ivan Benitez-Aguirre, ISF Public Affairs Officer on (670) 732 2178. E-mail: ivan.benitez-aguirre@3bde.defence.gov.au

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JSMP Press Release Alfredo Gonçalve, the Perpetrator of a Murder Against the Victim Joäo Pinto has been Sentenced to five years Imprisonment 27 March 2007

On 19 March 2007 the Baucau District Court handed down a decision in a murder case that occurred in 2006 in the village of Baduro, District of Lautem. The perpetrator in the aforementioned murder case was Alfredo Gonçalves. The criminal act committed by the defendant took the life of the victim João Pinto. The trial was conducted before a panel of judges led by Presiding Judge Telma A. Fiqueira who was assisted by Judge Edite Palmira dos Reis and Judge Anapaula Fonseca. The prosecution was represented by Flavio Lorza. The defendant was represented by Cancio Xavier from the Public Defender’s Office.

In its decision the panel stated that in 2006 the defendant deliberately murdered or took the life of another person which was in violation of the applicable law in Timor Leste. During the investigative process the defendant admitted all of his actions and stated that he had murdered the victim João Pinto, who was in fact his cousin. According to the contents of the prosecutor’s indictment the defendant claimed that the incident occurred when the victim initiated an attack on the defendant who attempted to defend himself and consequently killed the victim. However the excuse put forward by the defendant was rejected by the panel because no evidence or witnesses were presented to support his claim.

The Baucau District Court convicted the defendant for the commission of the aforementioned criminal act, pursuant to Article 338 of the Indonesian Penal Code which states “any person who deliberately takes the life of another will be convicted of manslaughter which carries a maximum sentence of fifteen (15) years”.

In its decision the panel sentenced the defendant to 5 years imprisonment, to be reduced by 6 months in accordance with time already spent in temporary detention. The decision to sentence the defendant to five years imprisonment took into consideration the defendant’s cooperative attitude during the trial, the fact he had no previous convictions and that he had paid compensation to the victim’s family.

During the trial the panel also considered the agreement made between the victim’s family and the defendant’s family for the defendant to pay compensation in line with customary law. The panel considered Article 2.4 of the RDTL Constitution: “the State shall recognize and value the norms and customs of East Timor that are not contrary to the Constitution and to any legislation dealing specifically with customary law”. The panel read out its decision and referred to Article 282 of the Criminal Procedure Code which states that “the court shall, in a convicting sentence, specify the grounds on which the choice and extent of the penalty applied are based, indicating, where applicable, when and how the sentence is going to be served, other duties imposed upon the convict and the duration thereof, as well as the status of the convict in regards to any restrictive measures.

After the court’s decision was read out by the presiding judge the defendant and his defence counsel stated that they accepted the decision. They believed that the decision of the court was fair and made pursuant to the applicable law.

JSMP believes that the court’s decision was made pursuant to principles of justice and legal philosophy set out in the constitution of Timor Leste and other organic laws. In addition, the court did not only refer to the applicable positive law, but also took into consideration the values of customary law that are applicable in the community in accordance with the provisions of the RDTL Constitution. Pursuant to the positive law (Indonesian Penal Code), any person who takes the life of another person can be sentenced to a maximum 15 years imprisonment. However in this case the court only sentenced the defendant to five years imprisonment after taking into consideration attempts that had been made to reach an amicable settlement between the family of the defendant and the family of the victim, namely the payment of compensation by the defendant to the family of the deceased in accordance with customary law.

For further information contact: Leonidio Marques. S.H. Legal Researcher (National) Email: nidio@jsmp.minihub.org

Or the Director of JSMP Timotio de Deus Email: timotio@jsmp.minihub.org

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Witch hunt March 26, 2007 Paul Toohey The Bulletin http://bulletin.ninemsn.com.au/article.aspx?id=255632

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UN New Service TIMOR-LESTE: NEW UN-BACKED POLICE STATION TO PATROL TROUBLED AREAS IN DILI New York, Mar 26 2007 2:00PM

A ceremony was held today in Dili, the capital of Timor-Leste, establishing the United Nations-backed Bairro Pite Police Post to bring a permanent law enforcement presence to the most troubled areas of the city which has seen ongoing gang violence. Today's inauguration formalized an agreement between the UN mission in the country, known as UNMIT, and the Government, signalling the end of the mission's renovation of the police post, including the installation of new electrical wiring, generators and security lights.

"I hope that the physical presence of this police post will bring some peace of mind to the citizens who reside in this area knowing that a 24-hour police presence will be working to better serve their community," said the Secretary-General's Special Representative Atul Khare said.

After gang violence flared late last month resulting in one death, three police posts were established in the Comoro subdistrict in Kampung Merdeka, Fatuhada and Bairro Pite. Security Council resolution 1704, adopted last 25 August, calls for up to 1,608 UN Police Officers (UNPOL) to aid in restoring and maintaining public security through the support of the National Police of Timor-Leste (PNTL), which includes interim law enforcement. As of the end of last month, there are currently 1,472 UNPOL officers in the country.

Last week, the official campaigning period began for next month's presidential election, slated for 9 April, the first since Timor-Leste gained independence from Indonesia in 2002, and Mr. Khare has said that UNMIT will offer assistance to national authorities whenever needed during the election period. Eric Tan, the Secretary-General's Deputy Special Representative, said last week that nearly 1,000 UNPOL officers and more than 2,400 Timorese national police officers will be on duty across the country during the election campaign. The police will concentrate on protecting polling stations and responding to any security issues such as armed clashes, fires or roadblocks. 2007-03-26 00:00:00.000

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JSMP Press Release Dili District Court postpones hearings in trials related to Domestic Violence and Sexual Abuse. 20/03/2007

During January and February of 2007, JSMP’s Women’s Justice Unit court monitors observed that Dili District Court has been postponing the hearings for all cases related to domestic violence and sexual assault. JSMP monitored the eight cases which appeared before the court: five of domestic violence and three of sexual assault and in all cases the hearings were postponed.

The reason for postponing the hearing in a trial is as follows: if the defendant is not present on the fixed day, at the trial hearing, the hearing will be postponed. The WJU notes that after the first hearing and questions posed to the defendant by the Judge, most of the defendants stayed free, because the Judge did not impose pre-trial detention.

WJU understands that according to Article 256 of the Criminal Procedure Code,[1] when a defendant fails to appear at the hearing, the law still gives him the benefit of justifying his absence. If the defendant does not justify his absence during the period of five days following the failed hearing, the Judge fixes a new date for the hearing, imposes a fine and issues an arrest warrant to ensure that the defendant will be present at the new hearing date that the court must fix. When the defendant manages to justify the absence, he or she will be notified of the new date for the hearing including the warning that if he/she fails to appear at the hearing and if his lawyer is present at the hearing it will be held and the defendant will be trailed “in absentia”.

In spite of the situation described above, WJU commends the Dili District Court’s willingness to deal with cases of domestic and sexual violence, especially because there are a large number of these cases. We are pleased that in the cases where the defendants fail to appear in Court, the Court acts according to the law, by fixing the new date of trial and making the new date public.

WJU recommends:

· The court should take the necessary measures to assure the presence of the defendant at the hearing, as the defendant’s presence is compulsory according to Article 253(1) of the Criminal Procedure Code.

· In cases of domestic and sexual violence the court should impose restrictive measures on defendants, such as pre-trial detention, according to Article 191 of the Criminal Procedure Code and followings of the PPC; this would avoid the defendant's absence from the hearing.

· The court should implement the mandate of Article 256(2), in order to prevent the absence of the defendant from the hearing's new fixed date, when the first date failed. That is, the court should issue an arrest warrant so the police can bring the defendant to the hearing. This would enable the court to proceed with the hearing in the presence of the defendant which is a fundamental fair trial guarantee and also help protect the defendant's rights.

[1] CRIMINAL PROCEDURE CODE Art 256

1. Where the defendant fails to appear at the hearing, having been duly notified, the hearing Shall be postponed before evidence begins to be presented.

2. Failure to justify the absence within five days implies the payment of a fine and the issuance of an arrest warrant in order to ensure the defendant’s presence at the hearing to be held on the reset date.

3. Should the defendant justify his or her absence, he or she shall be notified of the reset date for the trial with the warning that, in the case of a new absence, the trial shall be held in absentia and that he or she shall, for all possible purposes, be represented by his or her

defender.

For further information please contact: Dra. Maria Agnes Bere JSMP WJU Coordinator maria@jsmp.minihub.org Or you can contact: Timotio de Deus, Director of JSMP E-mail: timotio@jsmp.minihub.org Telephone: (+670 390) 3323883

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JSMP Press Release 2005 Rape Case Involving a Member of the Police (PNTL) 20 March 2007

On Friday 16 March 2007 the Dili District Court continued the trial of a case involving a member of the police (PNTL) who allegedly raped the victim MS in 2005. This hearing took place before a panel of judges led by the presiding judge Maria das Dores, acting together with two fellow judges Domingos Monis and Jacinta da Costa. In this hearing the defendant was represented by his lawyer Fernando do C.

As had occurred during the previous hearing which had been scheduled for the purpose of examining witness testimony, the victim and witnesses once again were absent. The mood in the court room was quite calm which meant that the hearing was able to proceed with utmost sincerity, even though the judge had announced at the commencement of the hearing that it would be open to the public.

JSMP was unaware of the exact scheduling of this hearing as our observations reveal that the Dili District Court does not make a habit of drafting and displaying announcements on the available notice board. Therefore it is very difficult for the public to find out about scheduled hearings. When JSMP staff attended the court to observe this case they were informed that the hearing would experience a slight delay. The hearing started at 11.25 and finished at 13.15.

Throughout the hearing the judge referred to the contents of the case file to question the defendant about the distressing incident experienced by the victim in 2005. Several of these questions related to the relationship between the defendant and the victim, the relationship between the defendant and the victim's friends and the relationship between the defendant and the co-perpetrators of the rape who were named in the aforementioned case file.

The defendant JM claimed in his testimony that he was not familiar with and did not know the names of the perpetrators or the names of the victims mentioned by the judge in the hearing. He even claimed that he was not present at the scene (he had an alibi) when the alleged rape occurred. The defendant claimed that when the incident occurred he was on duty in Becora and therefore had absolutely no knowledge of this shameful incident.

In its observation of this case, JSMP noticed that the court did not indicate, and appeared uncertain about, when it would hear testimony from the victim and witnesses to find out for sure the identity of the perpetrators or suspects of the alleged rape against the victim. The Panel of judges adjourned the hearing to the 1.00pm on 22/3/2007.

In such instances JSMP would like to recommend that the public, especially individuals who have been summoned by the court to appear as witnesses, to cooperate with the court so that it can establish the material facts in sexual violence cases to clearly identify perpetrators. Good cooperation between the witnesses and the court, through the provision of honest testimony, including that of the victim, will directly contribute to civil society and act as a deterrent against the commission of sexual assault against women. We all must work together and be more proactive in preventing such incidents, so that no more members of civil society fall victim to sexual assault. Civil society must provide a positive contribution towards defending and respecting the dignity of all women and especially Timorese women.

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JSMP Press Release 20 March 2007 2005 Rape Case Involving a Member of the Police (PNTL)

Throughout the hearing the judge referred to the contents of the case file to question the defendant about the distressing incident experienced by the victim in 2005. Several of these questions related to the relationship between the defendant and the victim, the relationship between the defendant and the victim’s friends and the relationship between the defendant and the co-perpetrators of the rape who were named in the aforementioned case file.

For more information please contact: Dr. Timotio de Deus Director JSMP Email: timotio@jsmp.minihub.org Or otherwise contact: Dr. Leonidio Marques Email: dio@jsmp.minihub.org Telephone No: 3323883

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UNMIT Daily Media Review 23 March 2007

Justice Commission held meeting with Gangs Leader Bairo - The Justice and Peace Commission of Dili Diocese held a peace meeting with representative of Gangs Leaders in areas of Dili yesterday (22/03) at CRS, Bebora.The meeting was led by President of Justice and Peace Commission of Dili Diocese, Father Cyrus V. Banque and was participated by the representatives of gang leaders from Bairo Lahane, Tasi Tolu, Kampung Alor, Lahane Oriental, Aimutin, Aitarak Laran, Bebonuk, Fomento and Manleuana. (STL)

Rogerio's Lawyer Officially Register Appeal - The Lawyer of former Interior Minister, Rogerio Lobato officially registered (No 443/PDD/2007 and process No. 82-2006 cases) or submitted appeal to Dili District Court on Thursday (22/03) as the response to the decision of Tribunal. After submitting the appeal, Rogerio's lawyer, Paulo Remedios demanded the Court of Appeal to observe or study the appeal by applying East Timorese law and not Portugal's law. (STL)

Ramos Horta: "Petitioners' problem must be resolved" - The independent presidential candidate, Ramos Horta (22/3) at Palacio das Cinzas promised that he will solve petitioners' and Alfredo's problem when becomes the President of Republic. (DN)

Claudio Ximenes; Has no Comment - The presidential election law which was amended on some articles from National Parliament (PN) a few days ago has been sent to Court of Appeal by Xanana Gusmão on Thursday (22/03) in order to get a decision. Claudio Ximenes, the President of the Court of Appeal has refused to comment on the revised electoral law saying he needs to further study it and would then present it to the National Parliament. He said that the State should analyze then inform publicly whether the law is constitutional or unconstitutional before sending it to the Court of Appeal. (DN)

Father Martinho Gusmão: Using Attributes in Ballot papers, against Law - The amendment to some articles of the electoral law as using political symbols on ballot papers is against the law and could delay the upcoming election, said Father Martinho Gusmão, the spokesperson of CNE. (DN)

Four sub-villages (Aldeia) Pledges Not to Ever Engage in Violence - The Aldeia of Beto Tasi, Lurumata, Mate La Hakoi and Naroman held a traditional ceremony today (22/3) to pledge not to ever use violence, weapons against each other or use the words â€˜lorosae-loromonu' in their communities. The ministry of Labor and Community Reinsertion and the police supported the event. (TVTL and STL)

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UNMIT Daily Media Review 22 March 2007

The 5 Presidential Candidates Rejected the Approval of Article 38 - The members of National Parliament (NP) who approved alter or Amendment law 7/2006 on the article 38 regarding the use of political symbols on ballot papers shows that the sovereignty organs are being manipulated.

Avelino Coelho as the representative of the four other candidates stated that all the presidential candidates reject such an article since it is considered as a manipulation.

The joint declaration was represented by Dionisio Babo (Ramos Horta), João Gonçalves (Lucia Lobato), Rui Menezes (Fernando Lasama) and Abilio Lima (Francisco Xavier). (STL)

Rogerio's Lawyer has not submitted the appeal, Tribunal could execute the decision - The time for Rogerio's lawyer to submit an appeal is nearly finished by Wednesday (21/03) Rogerio's lawyer did not appear to register the appeal which may mean the decision made will be executed.

As stated by law, it should take 15 days, but if Rogerio's lawyer has not submitted the appeal within that time, the District Tribunal can implement the decision made of seven and half years of imprisonment for Rogerio.

(STL)

TVTL- News Headlines 21 March 2007

Ramos-Horta Halts Duty during Campaign - Ramos-Horta said as of Friday, 23 March he will hand over his responsibility as PM and Minister of Defence to Deputy Prime Minister Estanislau da Silva to start his campaign as well as to stop the accusations that he is using government facilities.

Definition of Law Unclear to CNE - CNE Commissioner Fr. Martinho Gusmão said the definition of a phrase on an article pertaining to the presidential electoral laws on symbols is unclear and it is becoming a problem for CNE.

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UNMIT Daily Media Review 21 March 2007

PSHT and 77 in conflict again, 3 houses burnt, 1 destroyed - The members of PSHT and 77 (seti-seti) were in conflicts again yesterday afternoon at 1:00 pm in Kampung Baru, Comoro. Three 3 houses of PSHT were burnt and 1 house and 2 kiosks in front of the Comoro church were destroyed. The initial conflict came from provocation between members of two groups by throwing stones at each other. None of the suspects were arrested. (STL)

Horta: "The state decision in capturing Alfredo is not changed." - In the 6th High Level meeting at Palacio das Cinzas, which also discussed Reinado, Ramos Horta said that the decision has not changed. If Alfredo does not submit himself and give up the weapons, the ISF will continue searching for him. (DN)

President Xanana's Party going to have its National Conference on 28 March - The Congresso Nacional ReconstruÃ§ão Timor (CNRT) is planning to hold its national conference on 28 March 2007. Duarte Nunes, Secretary of National Committee of CNRT (20/3), at his office in Bairo dos Grilhos, said that on 26/3 the Committee will present a proposal to Kayrala Xanana Gusmão to resign as president and become the president of CNRT to compete in the parliamentary elections. They will ask Xanana to run the party mutually. (TP)

Horta: will reinforce Security in Capital - UNPOL reported that the volume of violence from 17/03 has decreased significantly. Ramos Horta said that Timor Leste will reinforce security in the country, especially in Dili for the upcoming presidential election on 09/04/2007 in order to avoid provocations and disturbances. (TP)

TVTL- News Headlines Monday, 20 March 2007

F-FDTL Likely to Support ISF - Support from the Unidade IntervenÃ§ão Rapida (UIR) and F-FDTL during the presidential elections was one of the topics discussed during the high level weekly meeting today between the government of Timor-Leste, the UN, the ISF, the Presidents of the Republic and the National Parliament. Prime Minister Ramos-Horta said discussion is still in process about F-FDTL assistance during the presidential elections as UNPOL and over 700 PNTL officers are already active. (RTTL)

Electoral Law Revised - Articles 1, 2 and 3 of the electoral law no. 7/2006 in relation to the counting of votes, registration of votes and votes verification was reviewed in the Parliament today and passed with 61 votes in favor. The Commissão Nacional Eleitoral (CNE) requested the review. (RTTL and STL)

Report on Corruption in Some Government Ministries - The Provedor of Human Rights and Justice has a report ready to be presented to some government ministries including the ministry of natural resources and the ministry of finance. The report will be presented to the respective ministries for further actions. Jose Teixeira, Minister for Natural Resources and Energy, has welcome the report saying his ministry will cooperate with the office of the Provedor, carefully study the report and take appropriate measures. (RTTL)

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UNMIT Daily Media Review 20 March 2007

Benevides: "I Have No Intention To Accuse Fretilin" - Answering to the statement of Jose Reis, the Vice Secretary General of Fretilin who said that Fretilin will bring him to Tribunal, the lawyer of Alfredo Reinado, Benevides Correia Barros, responded that he has no intention of accusing Fretilin for having weapons. He said that currently the State, UNMIT and ISF consider his client a threat to the upcoming election. Benevides said that other civilians who are armed should also be considered as a threat for the election. "I have no intentions to accuse Fretilin, I am just using the comparison of other armed civilians," said Benevides (19/3) in Hudi Laran. (TP)

People Rush To Get Electoral Cards - The District Administrator of Dili, Ruben stated that at the present people in Dili are enthusiastically registering and to running to get their electoral cards before the deadline of registration (21/3). Ruben also added that some additional places were opened to attend to registrations with queuing started at 07.00. (STL)

89 PD Sympathizers Affiliated To Fretilin - Francisco de Araujo, previously the chief of Aldeia (sub-village) of Vatuu, in Atauro Sub-District, Dili affiliated with other 89 sympathizers of PD, even though he was elected under PD's banner. Mr. Araujo said that they did it for home sweet home being away from Fretilin was like a "Prodigaal Son." They promised voting for Lu-Olo for next president, and the First Lady of Timor-Leste is an Atauro woman. (STL and DN)

Situation In Dili Remains Normal - After the President's resolution, the situation in the capital city remains calm. Public and private transportation, schools and public institutions are working as usual after the presence of F-FDTL in Dili to control some offices of ministries.

(DN)

ISF's Operation, Mal Rerden: "ISF Still Respect ET Culture." - Responding to some people's concern that ISF's operation in Same dishonored East Timorese culture, the Commander of ISF, Brigadier Mal Rerden reportedly stated in a Press Conference on Monday (19/03) that the operation of apprehending Reinado and his group in Same did not denigrate the Timorese culture. He said that ISF soldiers had cross-cultural training in Timor-Leste culture. (DN)

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UNMIT Daily Media Review 17-19 March 2007

Horta: I will not tolerate those who keep weapons - The Prime Minister, Ramos Horta appealed in a Mini Dialogue with FOSCAPA (Catholic Youth of Aileu Parish) to avoid holding weapons for the good of the nation, or else the international community will always be in Timor-Leste. He added that F-FDTL and PNTL are the only institutions who have the right to have and to hold weapons. (TP, 17/3)

No Negotiation for Justice: Ramos-Horta - Prime Minister Ramos-Horta has reportedly said that the Government and the State will not negotiate the issue of justice in relation to Alfredo Reinado's case as it is the competence of the judges. Ramos-Horta further said, despite the letter he received from Alfredo's lawyer on the proposed peace solution, the position of the President of the Republic, President of the Parliament and the Government remains the same, that is for Alfredo to hand in the guns and himself and let the court make the decisions. (STL and DN, 19/3)

Leandro: Mau Hu (spy) for who collaborates with Australia - The member of National parliament Leandro Isaac reportedly demanded to all people not to collaborate with ISF, unless they want to be considered as Mau Hu (spy) and suffer the consequences of being Mau Hu as in the 1999.

Leandro said that the people of Timor Leste are now anti Australian Forces, emphasizing that Mr. Rerden is not the Commander of F-FDTL. He said the Australian Forces are disliked because they took away the sovereignty of the country. (STL)

Arm Illegal Weapons, UNPOL-ISF Arrested 6 in Ermera

United Nation Police (UNPOL) with International Security Forces (ISF) on Sunday approximately 11:00 am arrested 6 people with armed with illegal weapons in Ermera Village.

The Spokesman of ISF, Major Ivan Benetives, reportedly told TP that UNPOL and ISF arrested 6 people because of possession of traditional weapons. Major Ivan didn't say which types of weapons they were holding or which group the six people belong to. Major Ivan that further information needs to be confirmed with UNPOL.

On the other hand, the Commander of PNTL Ermera District, Jacinto AssuncÃ£o, said that though UNPOL and ISF did not confirm, he heard that the six people have been arrested because of traditional weapons and now have been detained in Dili. (TP, 19/3)

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In East Timor: A Litmus Test for the Judicial System 15/03/2003 By Katherine Hunter - Fairly or unfairly, the trial of former East Timorese Minister of Interior, Rogerio Lobato, is a litmus test for East Timor’s beleaguered judicial system. Indicted for misappropriation of public property, murder — and the unauthorized importation or use of firearms to disrupt public order — Mr. Lobato is the first senior government official to be tried in the aftermath of the violence in May 2006. This violence led to the government’s request for intervention by more than 3,000 security forces from Australia, Malaysia, New Zealand, and Portugal and subsequently to an expanded United Nations mission including 1,600 UN Police.

After much anticipation, the three-judge panel delivered the verdict to a packed courtroom on March 7, 2007. Mr. Lobato received a sentence of 7.5 years for arming civilian hit squads and for exceeding his authority. Due to heavy presence of UN Police outside the courthouse, pro- and anti-Lobato demonstrators remained calm, thus alleviating concern that the verdict would spark greater violence. Public reaction to the verdict was muted, though many citizens were disappointed by the light sentence: they expected up to 32 years imprisonment for Mr. Lobato’s role in last year’s unrest. Mr. Lobato remains under house arrest pending the filing of an appeal by his lawyer.

Much rests on the outcome of the Court of Appeal’s decision. The choices before the court include overturning or reaffirming the verdict, as well as reduction or increase of the sentence. Each decision has pitfalls in a country with an omnipresent rumor mill and where continuing unrest and the election campaign season are fueling ever-changing alliances.

For the judiciary, it’s a key test of the fledgling and struggling system, and a chance for the rule of law to take firmer root. There are widely held perceptions of impunity in East Timor due to both an overburdened and weak judicial system, and citizens’ poor understanding of judicial procedures. Since the “court of public opinion” has already tried and judged Mr. Lobato, any reduction of his sentence – or overturning of the verdict itself - will fuel more rumors of political interference in the judicial process as well as reaffirming the weakness of the system and reinforcing the perception of impunity. More importantly, Mr. Lobato’s fate is the proxy for a nation wanting someone to blame for last year’s events. Mr. Lobato’s imprisonment will thus be seen as a key sign of “justice” – a high-level official facing consequences for acting against the interests of all of those harmed and made more vulnerable from the widespread burning, looting, and violence in Dili that led more than 150,000 citizens (15% of the total population) to flee their homes to displaced persons camps.

As the campaign for the presidential election on April 9th gets underway and citizens worry about the search for military police deserter Alfredo Reinado in the rugged hills south of Dili, the nation waits for news of Mr. Lobato’s fate and wonders whether the rule of law will prevail.

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UNMIT Daily Media Review 16 March 2007

Mal Rerden: “People Who Support Alfredo, Against Law and Order” - The Commander of International Stabilisation Forces (ISF) Mal Rerden said that the people who join, support or cooperate with Major Alfredo Reinado will be working against the laws of Timor Leste.

Rerden said that Alfredo Reinado is a fugitive and people who join or cooperate with him will be breaking the law. He said Alfredo’s attitude is complicating ISF’s operation. Rerden appealed to all Timorese to cooperate with the ISF to apprehend Reinado and his group of supporters. (DN)

Atul Khare: “Alfredo Reinado Has to Choose 2 Options” - The Special Representative for the Secretary General (SRSG) Atul Khare has said that Alfredo Reinado can choose two options which have been presented by the Government of Timor Leste, the United Nations and the ISF. He said the first is for him to submit himself peacefully to the judicial process and the second is to be arrested by the ISF.

According to Khare the UN mission in Timor Leste will not waiver from these two options as the mandate of UNMIT does not permit the UN to create the impunity in this country. (DN)

State Demands Alfredo to Surrender - The Government of Timor Leste is maintaining its position demanding that Alfredo Reinado disarm and submit himself to justice. The Prime Minister Jose Ramos Horta made the comments at a press conference on yesterday at the Government Palace.

Horta declared that the decision of Government has been clear and that there is no dialogue. He said that the position of Government is clear which is that Alfredo has to disarm and submit himself to justice. (TP)

F-FDTL Will Be Allocated to All Unsafe Places in Dili - The Prime Minister and the Minister of Defence and Security Jose Ramos Horta has announced that the decision of State, which is supported by the President of Republic Xanana Gusmão, to deploy the F-FDTL to provide security in Dili has been taken in consultation with the United Nations. Horta said the F-FDTL is able to provide security.

According to Horta, the F-FDTL will be allocated to trouble spots and prevent those who are indulging in violence to create daily disturbances in the Capital. Horta said maintained that the F-FDTL can perform security tasks despite some organisations expressing their concern. Horta said the State will find the way how to ensure cooperation between the F-FDTL and

PNTL and the ISF and UNPOL. (TP)

If the State accepts the conditions, Alfredo Reinado will surrender - The Lawyer for Alfredo Reinado has guaranteed that if State accepts the proposal for surrender without reservation, his client will disarm and submit himself to the justice. Benevides Correia Barros made the comments at the Hotel Timor yesterday.

Benevides said that if State doesn’t agree this client will not surrender. Benevides added that under the proposal, Reinado wants home detention, akin to Rogerio Lobatoand Mari Alkatiri and State has to maintain security for him. (TP)

Alfredo Prefer to Die than To Be Imprisoned - The lawyer for Reinado Benevides has told local media, that his client wants a peaceful resolution. He said that without a thorough investigation, his client would prefer than go to prison. Reinado is insisting upon house arrest. (STL)

Major Rerden: Alfredo Is No More a Threat for Security - Commander of the Australian-led international forces, Brigadier Mal Rerden declared that Alfredo is not a significant threat for security. He said that Alfredo supporters are becoming weaker and less able to seek support. The ISF is continuing their operation to apprehend Alfredo and his members. In order to accomplish the mission, Major Rerden, has asked for community support by providing information about where Alfredo Reinado and his supporters may be hiding. (STL)

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UNMIT Daily Media Review 15 March 2007

Military Observer Julio Pinto: "Presidential election is the solution for the crisis." - The Military Analyst and Observer from Universidade da Paz, Julio Tomas Pinto said to DN on Wednesday (14/3) that the presidential election will give a solution for the crisis, since it will have a new president to run the country. He also said that this election is the program of State that would be a solution for the crisis and need full support and commitment from all people to have a successful election. Furthermore, he said that problem being faced at the present is the security problem. Many people will not vote without a security guarantee. (DN)

Mal Rerden: "Alfredo Used Australian Uniform" - The ISF Commander, Brig. Gen. Mal Rerden said that he is not preoccupied with the Australian Defense Force uniform worn by Alfredo. He added that the plan of ISF will not change and the ISF will continue to track down Reinado. (DN)

Some Leaders Supporting Violence - Clementino dos Reis Amaral, the Vice President of Committee B for Foreign Affairs, Defense and Security Section of NNP said that violence in Dili is supported by some leaders. Information gathered in Bairopite indicated that the area remained calm when the ISF is on duty, yet when they leave young men â€˜inflame' the situation. It is suspected that there are some people supporting the youth for their individual and political interests and blaming others. Amaral said in some areas the youth have begun to behave peacefully and forgive each other through the oath in church. They promise that they will not contribute to the violence.

Difficult to Arrest Alfredo in the Base of Guerrilla - The ISF Commander, Brig. Gen. Mal Rerden said that it will be difficult to arrest Alfredo without cooperation of community.

Pedro da Costa, an NP member from PST noted the example of Xanana who for 24 lived among the enemies and was not arrested by the Indonesian Army because he base support. Furthermore, he said, the ISF has no idea about the terrain conditions and no cooperation from the local people which brings ISF to difficulties in arresting Alfredo.

Pedro Gomes, another NP member from ASDT said "I do not agree with them (ISF) saying that it is difficult for them to arrest Alfredo, because they have modern equipment, planes and helicopters, so they have access to arrest." (STL)

Leandro Being Targeted by ISF, Involved in Alfredo's Activities - The ISF raid is not targeted only at Alfredo and his members, but also towards Leandro Isaac, an NP member who is directly involved in the activities of Alfredo. Leandro is suspected for his direct involvement before the raid in Same on Sunday (04/3) on Alfredo and his members. "I do not know where I am now, people brought me here," said Leandro. "I still have contact with Alfredo through my messengers," added Leandro from his hidden place. (TP)

Brig. Mal Rerden does not support Dialogue with Alfredo - The statement of ISF Commander, Brig. Gen. Mal Rerden who does not support the process of having dialogue with Alfredo's group, provoked some NP members who said that Mal Rerden has no power in Timor-Leste, yet the ISF is invited by the Timor-Leste sovereign government to re-stabilize the country.

The ISF will not succeed in capturing Alfredo because he has many supporters since he (Alfredo) is the only one who fights for the truth and justice," Fernando Dias Gusmão, an NP member from PSD side said. (TP)

The Church is Studying Government Proposal of Contacting Alfredo - The Catholic Church is still looking for ways of solving Alfredo's problem before the presidential election. The church realized that Alfredo's problem is complicated, so it should have a different point of view and gather different opinions to help solve the problem. Dom Alberto Ricardo da Silva, Bishop of Dili Diocese, said that the organs of sovereignty, the Church and all the people should try their best in the limited time to solve Alfredo's problem before the presidential election. (TP)

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UN to investigate Timor deaths - March 14, 2007 12:00am UNITED Nations police will hold an inquiry into the deaths of five East Timorese killed by Australian troops pursuing fugitive rebel Major Alfredo Reinado. Reinado escaped and remains on the run after Australian troops surrounded his stronghold in Same on March 4 and killed five of his supporters. The raid and the deaths of Reinado supporters have raised anti-Australian feelings in East Timor. UN media representative Allison Cooper said UN police would hold an official inquiry into the attack at Same, near East Timor's south coast. The inquiry is expected to look at the Australian troops' rules of engagement in the clash. However, Cooper said such an inquiry was "standard practice". She said UN police were already conducting an inquiry into the deaths of two East Timorese killed by Australian soldiers near Dili airport on February 23. Australia says the two were shot in self defence because they were firing steel arrows at the troops.

Meanwhile, lawyers for Reinado have appealed to the East Timor government to reconsider an offer that he surrender through the mediation of the Catholic church. "We don't want him killed through military operations," Benevides Barros said on behalf of a group of lawyers representing the hunted man. "Our client is 100 per cent willing to commit himself to justice. "The government should take into account our proposal, the peaceful resolution accord. "The church has said it is ready to mediate."

Barros said the proposal had been the subject of high-level talks last Friday and on Monday involving the UN chief Atul Khare, President Xanana Gusmao, Prime Minister Jose Ramos Horta and other senior officials, but had been rejected. He said Dili Bishop Alberto da Silva was willing to mediate during a meeting on Monday with Ramos Horta, but had asked that church involvement be requested in a formal letter.

Press spokesman Antonio Andre said today that Ramos Horta would order "an immediate freeze" of Australian military operations if the

fugitive soldier said when and where he would surrender. Ramos Horta would also guarantee his "safe and humane treatment, on

capture and in prison". But he said: "There is no mediation, because we don't see anything to mediate about."

Barros said Reinado would not surrender to the government or Australian forces, calling instead for a guaranteed ceasefire to turn

himself over to house arrest, not prison.

"Convicted interior minister Rogerio Lobato has not spent a day in prison since his arrest last year," he said. "Nor did ex-prime minister (Mari) Alkatiri, during investigation for arms dealing. Major Alfredo should also have the right to house arrest."

Barros said the fugitive wanted New Zealand or American soldiers, not Australians, as guards while awaiting trial - a proposal already made to the respective Dili embassies. Finally, the lawyers want charges against Reinado to be confined to those which led to his imprisonment in 2006 - attempted murder, resulting from a military clash on Dili's outskirts in May last year, and revolt against the state.

They want charges of prison break and raiding a border police post for guns to be dropped. Reinado escaped from jail with around 50 other prisoners soon after his arrest late last year and has been on the run ever since. AAP

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Catholic News Timor priest accuses Aussie troops http://www.cathnews.com/news/703/77.php

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UNMIT Daily Media Review 14 March 2007

State Provides 100 % Security Guaranty – when Alfredo Surrrenders - The Prime Minister, Ramos Horta said to DN yesterday (Tuesday, 13/3) that full security guaranty will be provided by the State to avoiding maltreatment or dishonoring Alfredo after observing the current situation in the capital. Ramos Horta added that on Monday this week he had met Bishop Dom Alberto Ricardo and asked for the Church to negotiate and get in touch with Alfredo Reinado as Alfredo prefers to have dialogue mediated by the church. Ramos Horta said that State and Church have the same position that fugitive Alfredo Reinado should surrender and operations against him will stop immediately. (DN)

Government, UNMIT and UNPOL Handed 200 Pistols to PNTL - Government, UNMIT and UNPOL had decided to hand over 200 Pistols to build confidence to PNTL which has been reactivated and is cooperating with UNPOL in providing security in Dili. The Prime Minister Jose Ramos Horta reportedly told journalists on Tuesday (13/03) after his 'sightseeing' excursion in Dili. Horta said that the State had evaluated and assessed the worst and best actions of UNPOL afterwards will provide recommendations to UNMIT. Horta appealed to members of PNTL who just handed over their Pistols to demonstrate good examples of behavior. The Prime Minister said the government planned to place F-FDTL in some areas not only on the roads and in government offices. "I think the result will be good and make PNTL happy since it 'lightens' PNTL work," added Ramos. (DN)

Joao Goncalves – Rogerio's Case is Fretilin's - João Gonçalves, an NP member said to journalists yesterday (13/3) that Fretilin made many decisions in solving Rogerio's case, and this

means that it's Fretilin case. He said that the regulation of Fretilin party stated that a member who is involved in crime is not permitted to sit for the structure of party. Related to Rogerio's case, he had been sentenced for seven years and half. However, there is still no appeal from Appeal Tribunal on the decision of the final resolution to the case. Another NP member of Democratic Party, Rui Menezes, said that the regulation of political parties clarifies that all parties do not enlarge their ideologies and the principals programs of the parties. (DN)

Rerden: It's Difficult to Arrest Major Alfredo - The ISF believes that it will be less dificult to arrest Reinaldo if all the cooperate especially those living in Same Brig. Gen. Mal Rerden said in a Press Conference on Tuesday (13/3) in Kaikoli, Dili. He said the operation is requested by the State and government. In relation to the uniform worn by Alfredo, Rerden said that on the Mission of INTERFET there were many Australian troops in Timor-Leste. At that time some troops gave their uniforms to their East Timorese friends.

Rerden said he rejects all the public rumors that Australian Army works together with Alfredo. "We did not give uniforms to Alfredo or make friends with him. Starting from the resolution given, Alfredo became our target to arrest in order to take the democratic process to the court," said Rerden.

Rerden also said that Australian Forces did not having any political activities with Alfredo. However, he acknowledged that during the

operation the black hawk damaged some houses and food belonging to the people. At the present, the ISF is working with people to repair the damaged houses. Furthermore, Rerden said that the five people dead during the opration were placed by Alfredo as obstructions for him to run away. Rerden said that Alfredo is holding illegal weapons, a threat to ISF. Australian Forces will be remain in Timor-Leste based upon the decision of the State and the government. (STL)

Alfredo Preferred Dialogue through Catholic Church Mediation - The former Commander of Military Police, asked the ISF operations to stop; he said he needed dialogue mediated by Catholic Church as informed by Dili Diocese Bishop to Ramos Horta on Monday (12/3). Horta asked Reinaldo to have a conscience and not to hold on to illegal weapons if he wants to see justice in this country. "There is only one way, surrender and give back the weapons and go to court in your self defense." Horta said. (STL)

Australian Forces Damaged Houses in Palapaso, Motael - Six houses in the area of Motael, Palapaso were damaged by Australian Forces on Sunday afternoon (11/3). The area is suspected as the hiding place of Leandro Isaac, an NP member, and some members of petitioners. "I have no idea, immediately troops were all around in front of the house. They told us to lie down. They then rushed into the house and damaged doors of the house. After all that they took a mobile and brought us to another house to ask for information," Assis (one of the vctims) said. (STL)

Alfredo's Lawyer Met the High Level and Catholic Church - The nine lawyers of Alfredo, (Benevides Correia Barros, natercia barbosa, Paolo dos Remedios, Francisco Almeida, Luis Mendonca Freitas, Aderito dos Reis, Nelson de Carvalho, Francisco Nicolau, and Luis) had a meeting with Timor-Leste leaders, UNMIT and the Catholic Church a few days ago to discuss the way of solving Alfredo's case through dialogue. The discussion of the meeting was on the Peaceful Resolution Acorrd. The lawyers asked for security services for their client, Alfredo in order to take part in the dialogue which will be under the consideration of government, UNMIT, Catholic Church and ISF. Benevides informed that at the present, there are still radical groups who do not like Alfredo which may kill Alfredo. Furthermore, he afirmed that Alfredo's case is a case that has been dominated by political intervention." (TP)

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JSMP: Press Release 12 March 2007 Baucau District Court Decides to Repatriate a Former Indonesian National Armed Forces (TNI) Member to Indonesia

On 09 March 2007, the Baucau District Court, through the Dili District Court, conducted proceedings in relation to an accused named Taryono in a case of serious assault. The accused, Taryono, is an Indonesian citizen, a former member of the Indonesian National Armed Forces (TNI) and has been in pre-trial detention in Becora Prison since 2000. The proceedings were presided over by International Judge Telma Figueredo accompanied by two National Judges, Judge Edite Palmira, and Judge AnaPaula Fonseca. The indictment which was read out by Judge Edite Palmira asserted that the accused, on 31 March 2000 at Manatuto, committed criminal actions; namely, the attempted murder and serious assault of several victims, amongst them, security officers named João Marques and Matias Soares in the Manatuto office of UNTAET and several Philippino military personnel. In the attack, the accused used a piece of steel to wound several of the victims who sustained serious injuries including one of the victims whose evidence stated that he lost consciousness for two days.

In the indictment, the Prosecutor General alleged violations of Article 351.2 of the Criminal Code which provides that if an assault causes serious injuries then the penalty is five years imprisonment, Article 353.1 of the Criminal Code which provides that if the assault is premeditated, then the penalty is four years imprisonment, and Article 354.1 in connection with Article 353.2, that is, with the intention of causing serious injuries.

In the proceedings, the Prosecutor General called two of the victims as witnesses whose evidence stated that it was true that on 31 March 2000, the Accused attacked and assaulted the victim witnesses causing serious injuries and loss of blood.

In the conclusion of the indictment, the Prosecutor stated that the accused Taryono did commit the crimes of assault in relation to several persons who suffered serious injuries. However, the Prosecutor made an application to the Judges dealing with the case to impose a limited sentence on the basis that the accused Taryono was not responsible for these criminal actions because he suffered from a mental illness based on a medical report in the case file. The Prosecutor’s application was based on Article 44.1 of the Criminal Code which provides that a person who commits an act and can not be held responsible for it on the basis of mental illness may not be punished. In these proceedings, the accused’s defence counsel, Sebatião Amado Nheu de Almeida SH agreed with the allegations and the application by the Prosecutor.

In the decision, the Judges of the Baucau District Court found that the Accused Taryono can not be held responsible for his actions because of his mental illness and that he be held in detention in Becora Prison pending his repatriation to Indonesia with the assistance of the Immigration section of the Timor-Leste National Police and the Indonesian Embassy in Timor-Leste. The legal basis of this decision is Article 44.1 of the Criminal Code and Article 103 of the Criminal Procedure Code in relation to annulments that can not be restored.

JSMP is of the opinion that before the accused Taryono is repatriated to his home country, it is better if he is examined and given medication for his illness so that in the future there is no misunderstanding between the Indonesian government and the government of Timor-Leste, recalling that the condition of the accused is of great concern in the context of his repatriation and particularly since the accused is a former member of the Indonesian National Armed Forces (TNI). FOR FURTHER INFORMATION PLEASE CONTACT: Dr. Timotio de Deus Director, JSMP Telephone: 332 3883 Email: <mailto:timotio@jsmp.minihub.org>timotio@jsmp.minihub.org

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JSMP Press Release Dili District Court Holds Proceedings to Interrogate a Member of Alfredo Reinado's Associates 13 Marsu 2007

Nixon Jaime da Costa Galucho is a victim of a shooting injury that resulted from the evacuation by Australian forces from Same to Dili some time ago. From JSMP’s observations in the Dili District Court on Wednesday (07/03/2007) at 15.27hrs, the accused, Nixon, was accompanied by his lawyer Zenie Alves Arndt (Public Defender) at the interrogation proceedings stage and the judge who lead the interrogation was judge Ivo Nelson de Cairres Rosa Batista with the public prosecutor Bernardo c. Fernandes under the rather close scrutiny of the Australian Forces.

JSMP obtained information from the family of the accused (his parents and his wife) that the process of the initial investigation of the accused had in fact violated the law that is applied in RDTL. According to his family, Nixon, in fact, was not capable of attending the court

for the hearing process because he was not yet fit to attend court in connection with this case. According to them, this injustice was deliberately created by the justice institution referred to. Because, according to them, the law is really only applied to the small people.

Nixon’s family gave an example: Some time ago, in a case involving State Officials, the Court did not have sufficient authority to force them (the official, who were legally accused, did not comply with the summons from the court on the mere excuse that their condition did not enable it (sick) and so the process of interrogation was delayed. “Why must the Court, in our circumstances which are absolutely real, nevertheless urgently summons us?” The tone of the accused’s family’s defence was angry and upset.

JSMP observes that the attendance of the accused Nixon in the Dili District Court did in fact comply with Article 60 (a) of the Penal Procedure Code (KPP); namely, in relation to the rights of the accused, where the article confers legal protection on a suspect during the 72 hours since arrest and/or detention is effected. So the rights of a suspect were not violated at the time of arrest before the pre-trial.

Although the legal procedure followed by the Dili district court was, according to law, appropriate, there is, however, Article 198 of the Penal Procedure Code in relation to the postponement of pre-trial detention. According to JSMP, this is a weakness in the Timor-Leste Criminal Procedure Code itself. The drafters of this procedural law did not provide details on the regulation of this matter. So, here, it may be known that this criminal procedure law does not clearly regulate this issue of who is entitled to request postponement of pre-trial

detention and who is competent to effect a postponement of proceedings for the accused so the application of this provision often experiences issues that are not desired by many parties. Because of that, the accused Nixon, without seeing his condition which is presently critical, was taken straight to court and the decision made to put him in isolated temporary detention.

After the hearing, the accused Nixon was taken by the Australian Military Police in a Military Police (MP) vehicle under tight guard for temporary lodging in the Becora Prison.

JSMP recommends to the Government that the process of investigation and hearing in Nixon’s case be postponed until the condition of the accused’s health is fully back to normal so that he can be brought before the proceedings to continue the process of the investigation and hearing of this case. To other parties, JSMP maintains the demand that justice be applied to all people. All people must be treated the same before the law. The guarantee to put this into effect is the Court which has the constitutional competency and a basis in other relevant laws to decide each person’s case through a thorough investigation and through a Justice Process that is just and right based on the applicable law. FOR FURTHER INFORMATION PLEASE CONTACT: Dr. Timotio de Deus Director, JSMP Telephone: 332 3883

Email: <mailto:timotio@jsmp.minihub.org>timotio@jsmp.minihub.org

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UNMIT Daily Media Review 13 March 2007

UNMIT team to tackle illegal weapons - (DN, March 13, 2007) Deputy Chief of security for the United Nations Integrated Mission in Timor Leste (UNMIT), Erick Huck Gim Tan said UNMIT is currently forming a team to tackle the problem of illegal weapons, which were still being distributed within the community. "Mostly, these illegal firearms belong to the National Police and UNMIT has formed a special team to handle any illegal weapons being carried by civilians and to recall them," Tan told journalists during a recent press conference at Obrigado Barracks.

Parliament asks Committee A to investigate Same incident - (DN, March 13, 2007) The President of the Parliament, Francisco "Lu-Olo" Guterres said Parliament has asked its Human Rights Committee A and Health, Solidarity, and Labor Committee F to create a commission to investigate the destruction of people's houses in

Same by Australian black hawk helicopters. Sixteen houses are reported to have been damaged last Thursday (8/3) when the black hawk helicopters flew close to people's houses in pursuit of ex-Military Police Commander, Major Alfredo Reinado and his followers. Lu-Olo was speaking to journalists yesterday about the incident.

Parliament approves resolution on Alfredo's capture - (RTL and STL, March 13, 2007) The President of the Parliament, Francisco "Lu-Olo" Guterres said Parliament has approved a resolution in support of President Xanana Gusmao's order to capture ex-Military Police Commander, Major Alfredo Reinado Alves and his men. MPs from both the Democratic Party (PD) and Social Democratic Party (PSD) left the plenary session in protest after Lu-Olo told the media that the plenary session for the resolution was closed to the public. The Australian forces undertook the operation to capture Alfredo upon President Xanana Gusmao's authorization after Alfredo raided two Border Police Units last month seizing 18 firearms. The operation earlier this month in the southern town of Same left five of Alfredo's men dead.

Alfredo ready to come to Dili for dialogue - (TP, March 13, 2007) Ex-Military Police Commander Major Alfredo Reinado Alves said he was moving closer to Dili as he did not want the crisis to affect the southern districts and he did not want similar incidents to happen in other districts. Speaking in an interview yesterday from his current hideout, Alfredo also expressed sadness at the gun battle that took place in southern town of Same. He said innocent people had been the victims of this battle and that he was now ready for dialogue. Alfredo and his men are on the run after the Australian-lead international forces raided their hideout in the southern town of Same earlier in the month.

F-FDTL's presence helps guarantee stability - (TP, March 13, 2007) MP Antonio Cardoso said yesterday from Parliament that the situation within the capital, Dili has returned to normal after President Xanana Gusmao gave more power to international forces and allowed the deployment of Timorese Defense Force (F-FDTL). Dili resident, teacher Georgina Aleixo of Delta Comoro, said she was pleased with the recent deployment of F-FDTL. She said she trusted that F-FDTL would not destroy their own country or kill people.

Fretilin supporters looking for opposition followers - (STL, March 13, 2007) MP Riak Leman from the Social Democratic Party said yesterday from Parliament house that Fretilin followers were conducting sweeping operations and conducting check-points to find supporters of opposition parties in the southern town of Same.

Meanwhile, President of the Parliament, Francisco "Lu-Olo" Guterres said he had heard about these rumors, and he called on people to look for ways to normalize the situation in Same.

International News:

East Timor: Judicial support program faces closure due lack of funds - (Lusa News Agency, March 12, 2007) Dili, March 12 (Lusa) - The program to strengthen East Timor's justice system could come to a halt next August unless aid partners provide new financing, according to an official assessment.

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UN in secret talks with Reinado's lawyers - The Australian Mark Dodd, Dili March 13, 2007 THE UN has been involved in secret talks with lawyers representing army fugitive Alfredo Reinado despite having agreed with the East Timor Government to stay out of any deal-making with the country's most wanted man.

According to a senior UN source in Dili, the head of the UN Integrated Mission in Timor-Leste, Atul Khare, met last week with the East Timor Lawyers Association president, Benivides Correia Barros, to discuss surrender terms for Reinado, who has been on the run for several weeks and is wanted over political violence last year.

Mr Barros, as a representative of the fugitive major, presented a memorandum written in perfect English seeking to negotiate surrender.

In exchange for a range of concessions, Reinado was willing to submit to justice, the UN source said. Another source confirmed the meeting. The Australian understands Reinado's demands included provision of a house in the exclusive diplomatic suburb of Farol, round-the-clock security to be provided by New Zealand soldiers, military decorations commensurate with the rank of major and the dropping of an unspecified number of charges.

The Government is believed to have rejected the wish list and restated its demand that Reinado turn himself in and face justice before the court. But the meeting with the UN is significant because it appears to be in breach of a pledge made last week to stay out of negotiations with Reinado following a presidential order for his arrest.

The UN had met Reinado during failed joint talks involving the Ramos Horta Government in December and January. Reinado was surrounded by Australian troops and in the early hours of March 4 Australian special forces attempted to make an arrest. Five armed Reinado supporters were shot dead during the operation and at least three others arrested. But Reinado and a small group of armed supporters managed to escape.

The Australian understands President Xanana Gusmao had requested Reinado should not be harmed during the operation.

As many East Timorese mourn the deaths, feelings in Dili are running high and expatriots fear the outpouring of grief by the family of slain rebel Deolindo Barros could create discontent across the country. Reinado supporter Nelson Galucho said the rebel leader wanted to negotiate with Prime Minister Jose Ramos Horta but feared he would be killed if he left his hideout.

Mr Galucho said the rebels would not attack international security forces but would respond if they came under fire.