ETLJB 23 May 2013 - On 17 May 2013, the Suai District Court judged a case of domestic violence committed by the defendant against his spouse. The case occurred in Sub-district Balibo, District of Bobonaro.
The Public Prosecutor submitted that on 4 July 2012, the defendant called his wife a ‘whore’ because she left and came back home at night. The defendant then brought a machete and threw it at the victim’s right leg, causing her to suffer injuries on her right leg.
The Public Prosecutor charged the defendant with article 145 of the Penal Code on simple offence against physical integrity with article 35 of the Law Against Domestic Violence. In final arguments, the Public Prosecutor asked the court to sentence the defendant to one year in prison, however suspending it for 2 years.
“The actions of the defendant in this case were serious because he used a weapon to injure the victim. JSMP questions whether article 145 on simple offence against physical integrity is the appropriate charge in this case,” said Luis de Oliveira Sampaio, Executive Director, JSMP.
The defendant confessed to the charge and promised to the court that he will not continue such behaviour against his spouse.
The court found that the defendant committed domestic violence against his spouse and sentenced him to 1 year in prison, however suspending the sentence for 2 years. The defendant must also pay a $30 judicial fine.
The case was registered in Suai District Court, Case Number: 83/2013/TDS. The hearing was presided by Dr. Constançio Basmery. Dr. Felismino Cardoso, International Prosecutor, represented the Public Prosecutor’s Office. The defendant was represented by Dr. João Henrique from the Public Defender’s Office. Source:
Press release 5/23/2013 Edited by Warren L. Wright
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Court must review decision to uphold 15 year prison sentence in aggravated murder case, says JSMP
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23 May 2013
Court must review decision to uphold 15 year prison sentence in aggravated murder case, says JSMP
ETLJB 23 May 2013 - On 17 May 2013, the Dili District Court upheld a 15 year prison sentence in the re-trial of an aggravated murder case committed by the defendant against her husband. This case was returned to the court of first instance by the Court of Appeal for review in accordance with article 319 of the Penal Procedure Code.
The Public Defender submitted to the court that the defendant had stabbed the victim in self defence because the victim was hitting her. The Public Defender stated that the defendant did not intend to kill the victim.
The court found that the victim had kicked the defendant, causing her to fall to the ground. At that moment, the defendant grabbed a knife that was already lying on the ground and stood up and stabbed the victim once in the chest. The court proved that the defendant committed this act only to defend herself from the actions of the victim. The court did not find that the defendant acted with intent to kill the victim.
“JSMP is very concerned because in order to prove murder, you must prove that the defendant had the intention to kill the victim. Without intent, the court cannot condemn the defendant for aggravated murder,” said Luis de Oliveira Sampaio, Executive Director JSMP.
“JSMP is also concerned with this decision because even though the court found that the defendant had committed this act to defend herself, it did not consider legitimate self defence or excessive legitimate self defence in accordance with the Penal Code.”
The Public Defender presented testimony from one witness who declared that he heard the defendant and the victim arguing, and noise from objects falling and physical blows. The witness declared that he saw the defendant stab the victim with a knife, causing the victim to fall. The witness did not see the victim hit the defendant. Before he fell, the victim tried to kick the victim once more but did not manage to do so.
“JSMP believes that in this case, there was insufficient proof to condemn the defendant for aggravated murder and is an unjust decision against the defendant,” said Luis de Oliveira Sampaio, Executive Director JSMP.
“JSMP urges judicial authorities to review this decision and consider all options to correct the decision.”
Dr. José Maria de Araújo delivered this decision, Dr. José Luis Landim represented the Office of the Public Prosecutor and the defendant was represented by Dra. Marcia Sarmento from the Office of the Public Defender. Source: JSMP Press release 5/23/2013 Edited by Warren L. Wright
The Public Defender submitted to the court that the defendant had stabbed the victim in self defence because the victim was hitting her. The Public Defender stated that the defendant did not intend to kill the victim.
The court found that the victim had kicked the defendant, causing her to fall to the ground. At that moment, the defendant grabbed a knife that was already lying on the ground and stood up and stabbed the victim once in the chest. The court proved that the defendant committed this act only to defend herself from the actions of the victim. The court did not find that the defendant acted with intent to kill the victim.
“JSMP is very concerned because in order to prove murder, you must prove that the defendant had the intention to kill the victim. Without intent, the court cannot condemn the defendant for aggravated murder,” said Luis de Oliveira Sampaio, Executive Director JSMP.
“JSMP is also concerned with this decision because even though the court found that the defendant had committed this act to defend herself, it did not consider legitimate self defence or excessive legitimate self defence in accordance with the Penal Code.”
The Public Defender presented testimony from one witness who declared that he heard the defendant and the victim arguing, and noise from objects falling and physical blows. The witness declared that he saw the defendant stab the victim with a knife, causing the victim to fall. The witness did not see the victim hit the defendant. Before he fell, the victim tried to kick the victim once more but did not manage to do so.
“JSMP believes that in this case, there was insufficient proof to condemn the defendant for aggravated murder and is an unjust decision against the defendant,” said Luis de Oliveira Sampaio, Executive Director JSMP.
“JSMP urges judicial authorities to review this decision and consider all options to correct the decision.”
Dr. José Maria de Araújo delivered this decision, Dr. José Luis Landim represented the Office of the Public Prosecutor and the defendant was represented by Dra. Marcia Sarmento from the Office of the Public Defender. Source: JSMP Press release 5/23/2013 Edited by Warren L. Wright
Corpse of discarded baby in Dili partly eaten by dogs
ETLJB23 May 2013 - In a case that has shocked the nation, the body of a baby that was found discarded in the rubbish in a Dili suburb is believed to have been partly eaten by dogs.
The horrifying find was discovered in Bebonouk, Kampu Tuti at the Sao Miguel Clinic on Saturday 9th March at 9pm. The local community found the two-day-old baby in the garbage and then called the police.
The Head of the Crimes Investigation Service, Superintendent Calisto Gonzaga, was reported by The Dili Weekly on 30 April that when the police went to find the baby they found that the body of the baby was no longer intact and suspect that some of the body was eaten by a dog rendering it impossible to identify the sex of the baby.
“Now the body of the baby is in the mortuary for an autopsy in order to identify if the baby is a boy or a girl,” said Director Gonzaga. "Right now the investigation process is underway to identify who the mother of the baby is,” he added.
The Dili Weekly also reported that Member of Parliament Ilda Maria da Conceicao asked the police to conduct a thorough investigation into the matter in order to find out the identity of the baby's mother. “The police investigating must find out who threw this baby away,” said MP da Conceicao. The MP also appealed to other women not to act in this way because this attitude is truly against the commandments of Jesus and it is immoral.
There have been several other reports of discarded babies' bodies in Dili, as archived by the East Timor Law and Justice Bulletin. In January 2011, Televizaun Timor-Leste, reported on another case of a baby being abandoned. The report stated that the police had identified a woman who was suspected of abandoning her baby in Ailok Laran [Bairro Pite], a suburb of the Capital Dili (although another report identified the location as Ruin Naklekar Sub-village). TVTL also reported in that case that the baby's body had been brought to a resident's home by a dog after having been disposed of in another place. A local resident, Mari Fatima, at the time was reported as saying that "The dog brought the dead baby when I returned back from garden. I was sitting on a tyre and was thinking that it was a chicken but the children said it is a baby when they went to it," Fatima said.
On 29 May 2009, RTTL reported on the discovery of a baby's body in the Dili suburb of Delta 3.
In 2010, Suara Timor Lorosae reported comments by the Dili Diocese Bishop Monsignor Alberto Ricardo da Costa strongly condemning people who engage in killing and throwing away babies in the country.
The bishop said the people were inhuman, immoral and irresponsible and said such actions were against the country's culture. He called on the country's people to put hands together work for humanity and protecting children for a better future. Source: The Dili Weekly 30/04/2013, TVTL 20/01/2011 & 24/01/2011, Suara Timor Lorosae 04/06/2010 RTTL 29/05/2009. ETLJB Edited by Warren L. Wright
The horrifying find was discovered in Bebonouk, Kampu Tuti at the Sao Miguel Clinic on Saturday 9th March at 9pm. The local community found the two-day-old baby in the garbage and then called the police.
The Head of the Crimes Investigation Service, Superintendent Calisto Gonzaga, was reported by The Dili Weekly on 30 April that when the police went to find the baby they found that the body of the baby was no longer intact and suspect that some of the body was eaten by a dog rendering it impossible to identify the sex of the baby.
“Now the body of the baby is in the mortuary for an autopsy in order to identify if the baby is a boy or a girl,” said Director Gonzaga. "Right now the investigation process is underway to identify who the mother of the baby is,” he added.
The Dili Weekly also reported that Member of Parliament Ilda Maria da Conceicao asked the police to conduct a thorough investigation into the matter in order to find out the identity of the baby's mother. “The police investigating must find out who threw this baby away,” said MP da Conceicao. The MP also appealed to other women not to act in this way because this attitude is truly against the commandments of Jesus and it is immoral.
There have been several other reports of discarded babies' bodies in Dili, as archived by the East Timor Law and Justice Bulletin. In January 2011, Televizaun Timor-Leste, reported on another case of a baby being abandoned. The report stated that the police had identified a woman who was suspected of abandoning her baby in Ailok Laran [Bairro Pite], a suburb of the Capital Dili (although another report identified the location as Ruin Naklekar Sub-village). TVTL also reported in that case that the baby's body had been brought to a resident's home by a dog after having been disposed of in another place. A local resident, Mari Fatima, at the time was reported as saying that "The dog brought the dead baby when I returned back from garden. I was sitting on a tyre and was thinking that it was a chicken but the children said it is a baby when they went to it," Fatima said.
On 29 May 2009, RTTL reported on the discovery of a baby's body in the Dili suburb of Delta 3.
In 2010, Suara Timor Lorosae reported comments by the Dili Diocese Bishop Monsignor Alberto Ricardo da Costa strongly condemning people who engage in killing and throwing away babies in the country.
The bishop said the people were inhuman, immoral and irresponsible and said such actions were against the country's culture. He called on the country's people to put hands together work for humanity and protecting children for a better future. Source: The Dili Weekly 30/04/2013, TVTL 20/01/2011 & 24/01/2011, Suara Timor Lorosae 04/06/2010 RTTL 29/05/2009. ETLJB Edited by Warren L. Wright
22 May 2013
Public consultation on Draft Law On Social Communications
ETLJB 22 May 2013 - The Dili Weekly reports on a seminar entitled "Regulation of Social Communications and Building a Culture of Responsibility" conducted by the Government on the draft Law on Social Communications.
TDW reports that according to the Secretary of State for Social Communication (SEKOMS), Nelio Isaac, after gathering ideas from participants at the international seminar on the draft, the draft needs more articles added to it.
He considered the criticisms and suggestions from the participants over the three days (20-23 March) to be very constructive to develop the draft law.
“There were a lot of ideas so I think that after the seminar we will probably add some articles in the draft according to necessity,” the Secretary is reported to have said.
Even though in the Republic of Timor-Leste Constitution Articles 40 and 41 guarantees freedom of the press and of expression, according to the Secretary of State the draft law is very important for journalists to become more professional and more responsible.
That’s why the President of the Association of Journalists Timor-Lorosa’e (AJTL) Tito Filipe said there were still a lot of weaknesses in the draft law and that is why they should not rush to present the draft to the Council of Ministers and National Parliament.
“We require a discussion and consultation with the competent entities to fix this so it will not impact adversely on journalists in the future,” said the AJTL President.
As a journalist, he thanked the efforts of Team V that drafted the law but said the draft law is too general and that’s why they disagreed with some of its provisions.
“We want a thorough discussion. That is why today we will provide an opportunity for journalists to input ideas and not have a discussion closed and only for advisers because this law will be applied in the interest of the media not the advisers,” said the President of AJTL.
The Secretary of State said the door of SEKOMS was open and ready to give support to journalist associations to discuss the draft law because there is still time to discuss and intervene from journalists as the draft is very important.
“I don’t want to rush without quality, slowly but with quality. There is still time after the seminar so we can elaborate on this and I think that in May at least we can present it to the Council of Ministers to make a decision on the final draft before submitting it to the parliament,” said Secretary of State Issac.
According to observations during the discussion there was a lot of criticism from journalist associations and journalists because the law regulated the rights and obligations of journalists.
Article 8 of the draft law was criticised a lot by journalists from Radio and Television Timor-Leste (RTTL) because this article forbids journalists from becoming public servants while they work as journalists. Editorial Chief of TVTL Paulino Quintas suggested that the draft be amended to provide for an exemption to journalists from RTTL. Source: The Dili Weekly 30/04/2013 Edited by Warren L. Wright
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TDW reports that according to the Secretary of State for Social Communication (SEKOMS), Nelio Isaac, after gathering ideas from participants at the international seminar on the draft, the draft needs more articles added to it.
He considered the criticisms and suggestions from the participants over the three days (20-23 March) to be very constructive to develop the draft law.
“There were a lot of ideas so I think that after the seminar we will probably add some articles in the draft according to necessity,” the Secretary is reported to have said.
Even though in the Republic of Timor-Leste Constitution Articles 40 and 41 guarantees freedom of the press and of expression, according to the Secretary of State the draft law is very important for journalists to become more professional and more responsible.
That’s why the President of the Association of Journalists Timor-Lorosa’e (AJTL) Tito Filipe said there were still a lot of weaknesses in the draft law and that is why they should not rush to present the draft to the Council of Ministers and National Parliament.
“We require a discussion and consultation with the competent entities to fix this so it will not impact adversely on journalists in the future,” said the AJTL President.
As a journalist, he thanked the efforts of Team V that drafted the law but said the draft law is too general and that’s why they disagreed with some of its provisions.
“We want a thorough discussion. That is why today we will provide an opportunity for journalists to input ideas and not have a discussion closed and only for advisers because this law will be applied in the interest of the media not the advisers,” said the President of AJTL.
The Secretary of State said the door of SEKOMS was open and ready to give support to journalist associations to discuss the draft law because there is still time to discuss and intervene from journalists as the draft is very important.
“I don’t want to rush without quality, slowly but with quality. There is still time after the seminar so we can elaborate on this and I think that in May at least we can present it to the Council of Ministers to make a decision on the final draft before submitting it to the parliament,” said Secretary of State Issac.
According to observations during the discussion there was a lot of criticism from journalist associations and journalists because the law regulated the rights and obligations of journalists.
Article 8 of the draft law was criticised a lot by journalists from Radio and Television Timor-Leste (RTTL) because this article forbids journalists from becoming public servants while they work as journalists. Editorial Chief of TVTL Paulino Quintas suggested that the draft be amended to provide for an exemption to journalists from RTTL. Source: The Dili Weekly 30/04/2013 Edited by Warren L. Wright
Related posts
Timor-Leste's Opposition leader criticises draft media law
Amnesty International says journalists at risk of imprisonment for exposing corruption
Penal Code provisions on defamation threaten democracy in Timor-Leste
Lao Hamutuk Statement on the Defamation Case against East Timor's Media
East Timor Press Freedom and Defamation in relation to the Applicable Law
Press freedom under attack again as two journalists under house arrest
Amnesty International says journalists at risk of imprisonment for exposing corruptionPenal Code provisions on defamation threaten democracy in Timor-Leste Two journalists fined $150 for "slanderous denunciation"
18 May 2013
Military will not intervene in police jurisdiction, says F-FDTL Deputy Commander
ETLJB
18 May 2013 - The Deputy Commander of the East Timor Defence Force (F-FDTL), Brigadier General Filomeno Paixao, was reported by Radio Timor Leste on 16 May as saying that he refused to conduct operations against groups acting illegally in remote areas to extort money from the people.
Paixao said F-FDTL would not hold operations against these illegal groups because it was a responsibility of the Timorese National Police (PNTL) and the law prohibits the military from conducting such operation in the country.
“F-FDTL only holds operations when the police request the support from the military because it is against the law for the military to [enforce the criminal laws],” Paixao said.
He added that PNTL would continue building cooperation with F-FDTL to guarantee security in the country.
ETLJB welcomes this statement from the military in East Timor as consistent with the constitutional separation of the roles of the police and the military forces in a democratic society. In the past, the government has wrongfully deployed the military to intervene in matters of law enforcement that should properly be undertaken only by the police force and those interventions have compromised democratic principles and adversely affected the rule of law. See further, for example, 2008 ETLJ 2 Joint Command for PNTL and F-FDTL Undermines Rule of Law and Security Sector Reform in Timor-Leste (Draft) Bu V. E. Wilson B Sc Env Sci (Hons) LLM 19 February 2008. Source: Radio Timor-Leste 16 May 2013 Edited by Warren L. Wright
Paixao said F-FDTL would not hold operations against these illegal groups because it was a responsibility of the Timorese National Police (PNTL) and the law prohibits the military from conducting such operation in the country.
“F-FDTL only holds operations when the police request the support from the military because it is against the law for the military to [enforce the criminal laws],” Paixao said.
He added that PNTL would continue building cooperation with F-FDTL to guarantee security in the country.
ETLJB welcomes this statement from the military in East Timor as consistent with the constitutional separation of the roles of the police and the military forces in a democratic society. In the past, the government has wrongfully deployed the military to intervene in matters of law enforcement that should properly be undertaken only by the police force and those interventions have compromised democratic principles and adversely affected the rule of law. See further, for example, 2008 ETLJ 2 Joint Command for PNTL and F-FDTL Undermines Rule of Law and Security Sector Reform in Timor-Leste (Draft) Bu V. E. Wilson B Sc Env Sci (Hons) LLM 19 February 2008. Source: Radio Timor-Leste 16 May 2013 Edited by Warren L. Wright
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