East Timor Legal Information Site
Lobato and militias free, UN seeks guarantees for victims
East Timor: Lobato and militias free, UN seeks guarantees for victims- Lusa, 19 June
(This is a translation. Original text in Portuguese)
A representative of the United Nations in East Timor today expressed concern over the "early release" of prisoners convicted of violent crimes, including the former Minister of Interior and several ex-militias and argued that victims should be protected.
The Representative of the United Nations High Commissioner for Human Rights, Louis Gentile, made these remarks following the release last week of ex-Minister of Interior Rogerio Lobato and four ex-militia integrationist elements of Team Alpha, including the leader, Joni Marques.
In statements made to the Lusa Agency, Louis Gentile recalled that the beneficiaries of the reduction of penalty by the presidential decree were "convicted of the most serious crimes, including murder, rape and some even crimes against humanity."
"It is extremely important to ensure that the early release of those convicted will not put in danger the general public or the earlier victims of this type of crime, such as women and children, especially those who have suffered sexual abuse," said Louis Gentile to Lusa.
The officer cited Article 332 of the Code of Criminal Procedure in force in the country, which sets the conditions for eligibility for a reduction of penalty the good behaviour of the offender in prison and his ability to adapt to society.
If the good behaviour "is satisfied with letters from prison," Louis Gentile believes that the judge of the process is not alone, able to assess fully with the second criterion.
"A judge does not have the capacity to assess the ability of strong rehabilitation of the convicted and needs help on a specific assessment on that," the representative said Louis Gentile.
The representative of the UN also cited an analysis of Article 331, paragraph 1 of the Code, which stipulates that the granting of parole requires the opinion of prosecutors, the prison services and other services.
"Therefore, we rely on the prosecutors and judges to pursue vigorously its responsibilities in relation to the granting of parole to ensure that those who are released from prison are considered capable of adapting to society and do not pose any risk to the public in general,” said Louis Gentile in a written reply sent to Lusa.
In the list of 94 names indultados by the President East Timor, Jose Ramos-Horta, May 20, are the first and only convicted in East Timor for crimes against humanity, including the four protagonists of the "trial of Lospalos."
Joni Marques, Goncalo dos Santos, Joao da Costa "Lemorai" and Paulo da Costa, members or "associates" of pro-Indonesian militia Team Alpha (or Tim Alpha), Lospalos (east), are together one of the five lists Name of the presidential decree number 53/2008.
The four are at large since last week, Lusa confirmed from legal sources and the Timorese Prisons Services.
Also, former Minister of Interior Rogerio Lobato, who was in Malaysia for medical treatment despite being sentenced to seven and a half years in prison, benefited from the presidential clemency, being in the holiday island of Bali (Indonesia).
Louis Gentile is the representative of the High Commissioner for Human Rights, the organization that Jose Ramos-Horta might lead, if he decides to join the final stage of selection.
The President of the Timorese Republic, one of the names on the shortlist of candidates for the post of High Commissioner for Human Rights, confessed to the press today that the decision is for him to be a matter of "great dilemma".
