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
East Timor Law and Justice Bulletin
18 May 2013
17 May 2013
Draft Minerals Law issued by Minister for Natural Resources as Prime Minister accuses ConicoPhillips of stealing the country's oil and gas wealth
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| Minister for Natural Resources Alfredo Pires |
“This is our draft law and it will be sent to the Council of Ministers for approval. With this law, we can protect our natural resources, such as gold, magnesium and others,” Pires told journalists.
Minister Pires affirmed they would also consult with civil society organisations about this draft law so that they can provide input.
The National Director for Petroleum, Roberta Soares, is also reported to have said this law would benefit companies that underetake exploration the country’s natural resources in the future.
Meanwhile, Diario Nacional also reported that the Prime Minister Xanana Gusmao has said that Timor-Leste had a problem with the ConocoPhillips company that has explored and exploited oil and gas in the Timor Sea, accusing the company of wanting to continue creating economic imperialism to steal the wealth of Timor-Leste.
Gusmao said ConocoPhillips did not pay tax to the Government but wanted to continue stealing Timorese wealth. Therefore Timor-Leste would no longer tolerate ConocoPhillips. Source: Televizaun Timor-Leste 16 May 2013 and Diario Nacional 16 May 2013 English translations published by the East Timor Media Development Centre. Edited by Warren L. Wright
16 May 2013
Convicted former Justice Minister continues criticism of justice system
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| Former Justice Minister Lobato. Image: GOET |
According to an English translation of a report by Televizaun Timor-Leste on 15 May 2013 published by the Timor Leste Media Development Centre, the former minister has said that the justice process in Timor-Leste has not functioned properly and her case has been filed in the Public Prosecution office.
The Public Prosecution filed Ms. Lobato’s case for further processing following allegations that there is new evidence proving that some judges engaged in manipulating the verdict in her corruption case.
“The Public Prosecution should listen to me as victim and it does not listen to the Court of Appeal President who knows well the case,” she said.
She is also reported to have alleged that the Public Prosecution was trying to save international judges who were suspected of being engaged in the manipulation of justice in the court. Source: TVTL via TLMDC Edited by Warren L. Wright
Related reports
Convicted former Justice Minister may be released pending extraordinary appeal
Convicted former Justice Minister Lobato evacuated from prison to National Hospital
Rogerio Lobato Returns to Timor-Leste
President's wife visits jailed former Justice Minister Lucia Lobato as lawyers plan to seek executive sentence reduction
Chief Justice takes case against Fretilin MP to Public Prosecutor
Justice minister sues East Timor newspaper
Former Justice Minister Lucia Lobato to go to jail for 5 years
Timor Justice Minister considers appeal
Lobato ‘Ready to Explain Truth’ as Corruption Trial Begins
Anti-Corruption Commission applies for house arrest of Justice Minister Lobato
East Timor Justice Minister Lobato Defends Husband
Public Prosecution presents new witnesses for Minister Lobato's case
Former East Timor justice minister receives jail sentence
Parliament removes Minister Lobato’s political immunity
CJITL: Minister for Justice Lucia is Formally Made Suspect in Maternus Bere Case
Perversion of the rule of law in Timor-Leste and its impact on State legitimacy
Prime Minister assumes powers of the Minister of Justice
Objections to perceived government interference in judicial process in Timor-Leste
15 May 2013
Objections to perceived government interference in judicial process in Timor-Leste
ETLJB
15 May 2013 - Objections have been publicly raised about perceived government interference in the judicial process in Timor-Leste regarding the killing of a man by police in Hera on July 16, 2012 during the post-election outbreaks of violence.
Timor Post reported today that the President of the Timor-Leste Parliamentary Women’s Group (Tetum acronym GMPTL), Josefa Pereira Soares MP, has urged the government not to interfere politically with the trial process in the Hera homicide case because it can further undermine the Timor-Leste judiciary.
“This is not just a threat to democracy but also a threat to the justice system because state institutions each have their own function and people should not stick their hands where they are not meant to,” said the President of GMPTL to Timor Post at the National Parliament, Tuesday 14 April last, after a plenary session of the parliament.
The GMPTL president said that she laments greatly the government taking the position of interfering with the Hera homicide trial because it will impede the work of others in reaching a fair decision.
“I think all us Timorese must be ready to submit ourselves to justice according to law, if a wrong has been committed, as individuals who commit crimes must answer before the courts and submit to the decision of the court. There should not be any interference from any politician because that is simply wrong, and contrary to our constitution and laws,” lamented Deputy Josefa.
Timor Post also reported on May 14, 2013 that the Prime Minister Xanana Gusmao’s had requested the President of the Republic Taur Matan Ruak (TMR) to interven in the Hera homocide case in which certain police officers are suspected of being engaged in the case.
In the meantime, the Judicial System Monitoring Program (JSMP) expressed the hope that the President of the Republic, Taur Matan Ruak, will not intervene in the Hera trial process which is currently proceeding in the court.
JSMP Director Luis de Oliveira Sampaio said that if the Head of State does intervene then the rule of law in Timor-Leste will be put at grave risk.
Even if the Hera incident occurred for political reasons, because human life was prejudiced then those responsible must answer before the courts.
“We await that the President of the Republic will not in fact act in any way to cut across the judicial process underway, because we can only imagine that if he does, then the rule of law in Timor-Leste will be manifestly under grave threat,” he told the Timor Post recently in his office. Source: Timor Post 15 May 2013 Edited by Warren L. Wright
Related posts
Police officer who shot dead Armindo Pereira Alves suspended
Police officer who killed student Armindo awaiting Court’s decision
Body of man killed by police handed back to family
JSMP calls for investigation into Armindo Pereira Alves' death
Interfering Hera case, democratic state threatened
*
Director for Judicial System Monitoring (JSMP), Luis Oliveira Sampaio hoped that, President TMR would not interfere the Hera case which left a young man was shot dead in 2012 after CNRT party’s national conference.
“We are strongly hoping that, President of the Republic will not interfere the Hera case in the process of trial,” he said.
Timor Post reported today that the President of the Timor-Leste Parliamentary Women’s Group (Tetum acronym GMPTL), Josefa Pereira Soares MP, has urged the government not to interfere politically with the trial process in the Hera homicide case because it can further undermine the Timor-Leste judiciary.
“This is not just a threat to democracy but also a threat to the justice system because state institutions each have their own function and people should not stick their hands where they are not meant to,” said the President of GMPTL to Timor Post at the National Parliament, Tuesday 14 April last, after a plenary session of the parliament.
The GMPTL president said that she laments greatly the government taking the position of interfering with the Hera homicide trial because it will impede the work of others in reaching a fair decision.
“I think all us Timorese must be ready to submit ourselves to justice according to law, if a wrong has been committed, as individuals who commit crimes must answer before the courts and submit to the decision of the court. There should not be any interference from any politician because that is simply wrong, and contrary to our constitution and laws,” lamented Deputy Josefa.
Timor Post also reported on May 14, 2013 that the Prime Minister Xanana Gusmao’s had requested the President of the Republic Taur Matan Ruak (TMR) to interven in the Hera homocide case in which certain police officers are suspected of being engaged in the case.
In the meantime, the Judicial System Monitoring Program (JSMP) expressed the hope that the President of the Republic, Taur Matan Ruak, will not intervene in the Hera trial process which is currently proceeding in the court.
JSMP Director Luis de Oliveira Sampaio said that if the Head of State does intervene then the rule of law in Timor-Leste will be put at grave risk.
Even if the Hera incident occurred for political reasons, because human life was prejudiced then those responsible must answer before the courts.
“We await that the President of the Republic will not in fact act in any way to cut across the judicial process underway, because we can only imagine that if he does, then the rule of law in Timor-Leste will be manifestly under grave threat,” he told the Timor Post recently in his office. Source: Timor Post 15 May 2013 Edited by Warren L. Wright
Related posts
Police officer who shot dead Armindo Pereira Alves suspended
Police officer who killed student Armindo awaiting Court’s decision
Body of man killed by police handed back to family
JSMP calls for investigation into Armindo Pereira Alves' death
Interfering Hera case, democratic state threatened
*
Director for Judicial System Monitoring (JSMP), Luis Oliveira Sampaio hoped that, President TMR would not interfere the Hera case which left a young man was shot dead in 2012 after CNRT party’s national conference.
“We are strongly hoping that, President of the Republic will not interfere the Hera case in the process of trial,” he said.
11 May 2013
First Debate on Compulsory Military Service in Timor-Leste
ETLJB 11 May 2013 - According to the plan of H.E. the President of the Republic, Taur Matan Ruak, the first meeting on the plan for implementing military conscription took place on Friday (26/04/2013), at F-FDTL headquarters, between members of the Military House of the Presidency of the Republic, the Secretary of State for Defence (SED), the Commander-in-Chief of the Armed Forces and F-FDTL senior officers.
Frei Guterres, advisor to the Presidency’s Military House, in his presentation said that "H.E. the President of Republic wants to implement compulsory military service for the youth within the so-called 'Cidadania Civica Patriota' (CCP) programme, which is aimed at increasing the sense of nationalism and patriotism, thus contributing to the defence of the country's sovereignty and territorial integrity". Frei Guterres added that the programme will “reinforce nationalism and citizenship, further strengthen the awareness of the youth towards society, strengthen moral discipline, contribute to alleviating unemployment and reduce drug and martial arts related crimes”.
In his speech, the Commander-in-Chief of the Armed Forces, Lere Anan Timur, stated that the "compulsory military service is good for Timor-Leste since it strengthens patriotism and nationalism among youngsters" and pointed out the importance of "further discussing the issue, involve important entities, as well as the civil society” with a view to getting “information and suggestions on the impact, advantages and disadvantages of compulsory military service".
Major-General Lere Anan Timur added that it will be difficult for the F-FDTL to implement the law on compulsory military service in one or two years since the institution is currently facing a series of challenges related to human resources.
The Secretary of State for Defence, Júlio Tomás Pinto, on implementation of the compulsory military service, said: "It is necessary to carry out a comparative study of those countries where military service is compulsory, with a view to identifying the advantages and disadvantages of its implementation in Timor-Leste.”
The Secretary of State for Defence agreed with Major-General Lere Anan Timur on the need of "conducting a public consultation on the concept of compulsory military service before deciding".
Present at the meeting were the Chief of the Military House of the Presidency of the Republic, Colonel José da Costa Soares “Trix”, the advisor to the Military House, Frei Guterres, the Secretary of State for Defence, Júlio Tomás Pinto, the Commander-in-Chief of the Armed Forces, Lere Anan Timur, and F-FDTL senior officers. Source: Office of the Presidency Press Release April 29, 2013 Edited by Warren L. Wright
Frei Guterres, advisor to the Presidency’s Military House, in his presentation said that "H.E. the President of Republic wants to implement compulsory military service for the youth within the so-called 'Cidadania Civica Patriota' (CCP) programme, which is aimed at increasing the sense of nationalism and patriotism, thus contributing to the defence of the country's sovereignty and territorial integrity". Frei Guterres added that the programme will “reinforce nationalism and citizenship, further strengthen the awareness of the youth towards society, strengthen moral discipline, contribute to alleviating unemployment and reduce drug and martial arts related crimes”.
In his speech, the Commander-in-Chief of the Armed Forces, Lere Anan Timur, stated that the "compulsory military service is good for Timor-Leste since it strengthens patriotism and nationalism among youngsters" and pointed out the importance of "further discussing the issue, involve important entities, as well as the civil society” with a view to getting “information and suggestions on the impact, advantages and disadvantages of compulsory military service".
Major-General Lere Anan Timur added that it will be difficult for the F-FDTL to implement the law on compulsory military service in one or two years since the institution is currently facing a series of challenges related to human resources.
The Secretary of State for Defence, Júlio Tomás Pinto, on implementation of the compulsory military service, said: "It is necessary to carry out a comparative study of those countries where military service is compulsory, with a view to identifying the advantages and disadvantages of its implementation in Timor-Leste.”
The Secretary of State for Defence agreed with Major-General Lere Anan Timur on the need of "conducting a public consultation on the concept of compulsory military service before deciding".
Present at the meeting were the Chief of the Military House of the Presidency of the Republic, Colonel José da Costa Soares “Trix”, the advisor to the Military House, Frei Guterres, the Secretary of State for Defence, Júlio Tomás Pinto, the Commander-in-Chief of the Armed Forces, Lere Anan Timur, and F-FDTL senior officers. Source: Office of the Presidency Press Release April 29, 2013 Edited by Warren L. Wright
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