East Timor Law & Justice Bulletin

Press Release  Issue  : July 2010  Period : 29 July 2010 Dili District Court acquits defendant in 28 April 2006 case - On 27 July 2010 the Dili District Court conducted a hearing to read out a decision in the case of an attack that occurred in front of the government palace involving the defendant Orosio Maulequi (OML)  on 28 April 2006.

Previously[1], the Dili District Prosecution Unit had charged the defendant for his involvement in the criminal act of incitement to commit a crime as set out in Article 189 of the Timor Leste Penal Code, because the actions of the defendant included sending out provocative messages that could give rise to the commission of other criminal acts such as criminal damage causing damage to state assets and failure to obey a lawful order to disperse. Nevertheless, in its decision the court only referred to the alleged crime of incitement to commit a criminal act and the court acquitted the defendant because there were no witnesses to support the charge made by the public prosecutor.

The Director of JSMP, Luis de Oliveira Sampaio, believes that this decision demonstrates the authority of the court to fulfill its constitutional responsibility and mandate to try, decide and uphold justice for all people, upholding the rule of law and other principles relating to a trial that is fair, credible, independent and accessible to all.

Even so, JSMP notes that the trial of this case was not conducted in the best way possible due to a lack of cooperation between the police investigations unit and the prosecution unit, including the witnesses[2] who were summoned to provide information or testimony before the court.

During the examination of evidence in court JSMP observed that several people who were summoned as witnesses were not required as they did not meet the criteria to be considered as witnesses, also there were indications that there were witnesses who were uncooperative and did not provide accurate information to the court. In addition, JSMP observed that the prosecution unit made no effort to locate effective witnesses, and some witnesses stated that they did not know about and did not clearly hear what the defendant said in his speech, and other statements that tended to show a lack of cooperation with the court

Background to the incident

As many people in the city of Dili already know, the 28th April 2006 marked the final day of demonstration carried out by a group of petitioners who were pushing for the settlement of a case involving discriminative practices within the F-FDTL.


At the start the demonstration progressed normally. However, in the end the demonstration turned into uncontrollable violence and anarchy that resulted in death, injury and damage to state property. This included damage to government cars, motorcycles, windows and doors in the government palace. This incident triggered and exacerbated the “westerner versus easterner” issue that led to conflict and a social, political and military crisis in Timor-Leste. This crisis led to the violence that took place all over the city of Dili.

With reference to the circumstances of the aforementioned incident, the public prosecutor charged the defendant with incitement (speaking loudly in a provocative manner) while the demonstration was taking place. The prosecutor claimed that the actions of the defendant encouraged other demonstrators to carry out acts of violence. In the prosecutors indictment special mention was made of a statement made by the defendant during his speech, namely: “if a leader doesn’t meet with us in the next five minutes, we will destroy the government buildings”.

However the presiding judge who read out the court’s decision stated that the court was acquitting the defendant from the prosecutor’s charges because it had not been proven that the defendant had carried out provocation as alleged by the public prosecutor. In addition, the court decided to acquit the defendant from the prosecutor’s charge because there weren’t any witnesses to support the prosecutor’s allegations and the witnesses provided testimony that was inconsistent and therefore the judges were confused.

Although the court agreed and confirmed that the defendant made a speech in public during the demonstration, the court believed that the defendant only wished to express his opinion and demand for a settlement of the discrimination issue within the F-FDTL. The court further stated that the defendant criticized the government because the government failed to demonstrate the political will to resolve this issue. Furthermore, the court mentioned that the reason the defendant spoke harshly against the government was based on the idea of encouraging the government to settle this issue quickly and with cool heads.

JSMP acknowledges that the public prosecutor did everything possible to gather evidence and present witnesses, as well as submitting a recorded film in the form of a DVD on the activities of the defendant during the demonstration. However JSMP notes that the evidence was not sufficient to achieve the goal of the public prosecutor to convince the court of his charges. JSMP believes that the public prosecutor should have presented appropriate witnesses who knew exactly about the incident who could support and strengthen the charges made by the prosecutor.

JSMP is a little bit concerned because from the long list of witnesses summoned to the court by the public prosecutor, most of them testified that they didn’t know about or didn’t clearly hear the defendant making provocative statements because they were standing a long distance away when the demonstration took place and when the defendant was making his speech. Another witnesses explained that they did not know because at the time the situation was getting serious and some people were committing violence and damaging property. JSMP believes that this occurred because of the professional negligence of the public prosecutor who could not present appropriate witnesses in order to strengthen his charges. In fact, a public prosecutor, psychologically and professionally does not need to present a witness who does not help his case, because this can be counterproductive to his own case.

JSMP observed that in this case some witnesses did not provide accurate testimony and also sometimes they wanted to aggravate or mitigate the circumstances of the defendant and also sometimes they deliberately said that they had no knowledge.

In reference to the aforementioned considerations, JSMP recommends for the law enforcement agencies to pay sufficient attention and if necessary handle this matter in accordance with Article 287 of the Penal Code, or an alternative article, based on the circumstances that arise and are revealed during the trial process. This will act as a deterrent and a lesson for witnesses who do not comply with their obligation to reveal the truth.

For further information, please contact;

Luis de Oliveira Sampaio

Director of JSMP

Email: luis@jsmp.minihub.org

Landline: 3323883

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Pernyataan Pers

Edisi: Juli 2010

Priode: 29 Juli 2010

Pengadilan Distrik Dili membebaskan Terdakwa kasus 28 April 2006

Pada tanggal 27 Juli 2010, Pengadilan Distrik Dili, mengadakan persidangan untuk membacakan putusan atas kasus penyerangan di depan Istana Pemerintah yang melibatkan terdakwa Orosio Maulequi (OML),  pada tanggal 28 April 2006.

Sebelumnya[1],Kejaksaaan Distrik Dili, menuntut terdakwa terlibat dalam tindak pidana penghasutan untuk melakukan kejahatan pidana  yang diatur dalam Pasal 189 KUHP Timor Leste. Karena perbuatan terdakwa mencerminkan pesan yang provokatif dan memungkinkan terjadinya tindak pidana lain seperti kejahatan pengrusakan yang menyebabkan kerusakan atas harta benda milik Negara dan ketidakpatuhan terhadap perintah yang sah untuk membubarkan diri. Walaupun demikian, dalam putusan pengadilan hanya merujuk pada dugaan tindak pidana penghasutan untuk melakukan perbuatan pidana yang juga akhirnya diputus-bebaskan oleh pengadilan, karena tidak ada saksi yang memperkuat tuntutan Jaksa Penuntut Umu
Direktur JSMP, Luis de Oliveira Sampaio, mengatakan bahwa putusan ini menunjukan dan menegaskan kewibawaan lembaga pengadilan untuk memenuhi perintah dan mandat konstitusionalnya untuk mengadili, memutuskan dan menegakan keadilan bagi semua orang, menegakan prinsip negara hukum dan prinsip lainnya yang berhubungan dengan persidangan yang adil, kredibel, mandiri dan dapat terjangkau bagi semua orang.

Namun demikian JSMP mencatat bahwa proses persidangan atas kasus ini tidak berjalan maksimal karena tidak adanya kerjasama yang baik antara unit penyelidikan kepolisian dengan Kejaksaan Umum, termasuk para saksi[2] yang dipanggil hadir untuk memberikan informasi atau keterangan di depan pengadilan.

Berdasarkan hasil pemantaun JSMP terungkap bahwa selama proses pemeriksaan alat bukti di pengadilan, selain terdapat beberapa saksi yang seharusnya tidak perlu menjadi saksi karena tidak memenuhi syarat sebagai saksi, juga terdapat indikasi bahwa ada saksi yang tidak bekerjasama dan terutama tidak memberikan informasi yang benar ke pengadilan. Selain itu, JSMP mencermati bahwa tidak ada usaha dari Kejaksaan Umum untuk mengejar dan kesaksian dari para saksi yang mengatakan mereka tidak tahu, tidak mendengar secara jelas apa yang dibicarakan oleh terdakwa dalam orasinya, dan pernyataan lain yang cenderung menunjukan tidak adanya kerjasama dengan pengadilan.añaña


Latar belekang kejadian

Sebagaimana kebanyakan orang di kota Dili menyadari  bahwa pada tanggal 28 April 2006, merupakan  hari terakhir demostrasi yang dilakukan oleh kelompok petisi untuk mendesak penyelesain atas kasus  praktik diskriminasi yang terjadi di Institusi F-FDTL.

Pada awalnya proses demonstrasi berjalan dengan normal seperti biasanya. Namun, pada akhirnya demonstrasi tersebut berubah menjadi kekerasan, tidak terkontrol dan situasi anarikis lainnya yang menyebabkan  kehilangan nyawa,  menderita luka dan harta milik negara dirusaki. Kerusakan itu antara lain; mobil pemerintah, motor, jendela dan pintu Gedung Pemerintah (Palasiu Guvernu).  Kejadian ini yang kemudian memprovokasi dan memanasitensi isu mengenai “timur vs barat” yang melahirkan konflik dan krisis sosial politik dan militer di Timor Leste . Krisis ini menyebabkan terjadinya kekerasan berlanjut di sepanjang kota Dili.

Mengacu kepada fakta kejadian ini, Jaksa Penuntut Umum, menuntut terdakwa melakukan provokasi dengan suara keras (menghasut) selama orasi pada saat demonstrasi berlanjut. Menurut jaksa dalam tuntutan bahwa prilaku terdakwa inilah yang kemudian mendorong para demonstran lainnya untuk melakukan aksi kekerasan. Dalam dakwaan Jaksa Penuntut, mengarisbawahi sebuah kalimat yang disampaikan oleh terdakwa dalam orasinya bahwa “ “jika tidak seorang pemimpin yang menemui kita dalam lima menit ke depan, kita hancur  gedung-gedung pemerintah yang adNamun demikian, Hakim komisaris yang memimpin dan membacakan putusan pengadilan, mengatakan bahwa pengadilan membebaskan terdakwa dari tuntutan jaksa karena tidak terbukti bahwa terdakwa yang melakukan provokasi sebagaimana dituduhkan oleh jaksa penuntut umum. Selain itu, pengadilan memutuskan untuk membebaskan terdakwa dari tuntutan jaksa karena; tidak ada seorang saksi yang memperkuat dakwaan jaksa dan keterangan para saksi juga tidak ada kesesuian satu sama lainnya dan memunculkan kebingungan hakim.

Walaunpun pengadilan setuju dan membenarkan bahwa terdakwa melakukan orasi di depan publik selama proses demonstrasi, namun menurut penilain pengadilan bahwa terdakwa hanya ingin mengeskpresikan dan menuntut penyelesain atas persoalan diskriminasi dalam tubuh institusi F-FDTL. Pengadilan melanjutkan bahwa terdakwameluncurkan kritik kepada  Pemerintah karena permerintah tidak menunjukan  kemauan politik untuk menyelesaikan masalah ini. Lebih lanjut, pengadilan  dalam putusan menyebutkan bahwa alasan terdakwa berbicara keras terhadap pemerintah dengan sebuah pemikiran untuk mendorong Pemerintah untuk menyelesaikan permasalahan ini dengan cepat dan kepala dingin.

JSMP mengakui bahwa pihak Jaksa Penuntut Umum (JPU)  telah melakukan segala upaya untuk mengumpulkan bukti-bukti melalui menghadirkan para saksi dan  juga mengajukan rekaman film dalam bentuk DVD mengenai aktivitas terdakwa selama demonstrasi berlangsung. Namun JSMP mencatat, bahwa alat bukti tersebut tidak memadai untuk mencapai tujuan JPU untuk meyakinkan pengadilan atas tuntutannya. Menurut JSMP bahwa, seharusnya JPU menghadirkan saksi yang tepat yang mengetahui persis kejadiannya untuk memperkuat atau mendukung posisinya dalam tuntutannya.

JSMP sedikit khawatir karena dari daftar panjang para saksi yang dipanggil pengadilan melalui JPU, kebanyakan memberikan keterangan bahwa mereka tidak tahu atau tidak secara jelas mendengar bahwa terdakwa yang melakukan provokasi karena mereka berdiri dari kejauhan ketika terjadinya demonstrasi dan apa yang disampaikan terdakwa dalam  orasinya. Saksi lain menerangkan bahwa mereka tidak tahu karena pada saat itu situasi semakin panas dan ada yang melakukan aksi kekerasan dan pengrusakan lainnya. Menurut JSMP, kejadian ini terjadi karena faktor kelalaian profesional JPU yang tidak bisa menghadirkan saksi yang tepat sehingga terdapat keseimbangan untuk memperkuat dakwaannya. Seharusnya, baik secara psikologis dan secara profesional,  sebagai seorang JPU tidak perlu menghadirkan seorang saksi yang tidak menguntungkan pihaknya, karena ini bisa memunculkan situasi yang kontra-produktif atas pihaknya sendiri.

Menurut pemantaun JSMP bahwa terdapat saksi dalam kasus ini yang tidak memberikan keterangan yang benar dan juga kadang-kadang mereka ingin meringankankan atau memperberat terdakwa dan juga mereka kadang-kadang sengaja mengatakan tidak tahu.

Berdasarkan pada kenyataan dan pengalaman ini, JSMP merekomendasikan kepada para penegak hukum,untuk memberikan perhatian yang cukup, dan jika diperlukan JSMP merekomendasikan untuk melakukan proses menurut Pasal 287 atau secara alternatif Pasal 279 KUHP, tergantung kepada keadaan yang ditimbulkan dan terungkap selama proses berjalan. Upaya ini sebagai sebuah mekanisme preventif dan pelajaran di masa depan terhadap para saksi yang tidak tunduk kepada kewajibannya sebagai saksi dalam ,mengungkapkan kebenaran.

Untuk informasi yang lebih lengkap hubungi;

Luis de Oliveira Sampaio

Direktur  JSMP

Alamat  e-mail: luis@jsmp.minihub.org

Landline: 3323883

East Timor Directory: Law and Justice Organisations

Flash News #15 July 2010

National Conference on Reproductive Health

A National Conference on Reproductive Health took place in Dili from 11 to 13 July. Experts from the region and UN headquarters in NY and from in-country including the churches, woman organizations and national and international NGOs shared their insights and experiences in overcoming high maternal and infant mortality, high fertility, high teenage pregnancy, and promoting effective family planning.  Sex education, effective service provision including the proper training of health professionals and community health workers, respecting women’s rights and active involvement of youth and men, were recommended as key strategies in increasing positive reproductive health outcomes. 

The participants declared that the Government, Parliament, civil society and general community must work together to guarantee positive outcomes for the people of Timor-Leste.

Josefa Pereira, the newly elected President of the Parliamentary Womens’ Caucus (Grupo das Mulheres Parlamentares de Timor-Leste, or GMPTL) who led the conference, said that prompt actions on these issues must be taken.

“The number of maternal and infant deaths in this country is unacceptable.  Travelling around the country and hearing the voices of the men and women in rural areas has made it clear that this is an issue that is of high priority to everyone, and crucial for the future of our nation.”  Ms. Pereria highlighted.

The conference was the joint collaboration of the GMPTL, Ministry of Education, Ministry of Health, Rede Feto, Fundasaun Alola , Marie Stopes International, Health Alliance International, Timor-Leste Asistencia Integradu Saúde (TAIS), the Dioceses of Dili and Baucau, the Cannosian Sisters (Balide), UNFPA, UNIFEM, UNDP, WHO, UNICEF, and UNMIT and  the Gender Resource Centre, National Parliament.

3rd World Conference of Speakers of Parliament

The third World Conference of Speakers of Parliament, whose broad theme was Parliaments in a world of crisis: securing global democratic accountability for the common good, focused on democracy, the role of legislative institutions and their relationship with the United Nations.

The President of the National Parliament of Timor-Leste, Mr. Fernando La Sama de Araujo,  participated in the conference that took place in Geneva from 19 to 21 July.

During his intervention, which was praised by IPU Secretary as one of the best five among more than 150 speeches, President La Sama stressed how Timor-Leste finds itself “In the struggle to develop its own natural resources in order to retain the added value for our population, so that both present and future generations can profit”, how important it is “the need to strengthen and preserve its national identity, making it an essential priority".

La Sama spoke about the importance of the Portuguese language expressing his hope that “Portuguese will in the near future be recognized as one of the United Nations official languages, and why not, of the Inter-Parliamentary Union” as well as of the “urgency to reform the United Nations, so that it is truly possible to materialize the concept of “family of nations”.

The 3rd World Conference of Speakers of Parliament closed with the adoption of a declaration on the need to secure global democratic accountability. Over 130 Speakers of Parliament gave their assent to a text that affirmed how accountability and representation lie at the heart of democracy.

Secretariat Leadership of the National Parliament took part to a RBM training in Bali

From 26 to 30 July, Directors and Head of Division of the National Parliament took part to a  Results-Based Management (RBM) training in Bali organized by the Secretariat of the Parliament.

The objective of RBM is to provide a coherent framework for strategic planning and management based on learning and accountability. Introducing a results-based approach aims to improve management effectiveness and accountability by defining realistic expected results, monitoring progress toward the achievement of expected results, integrating lessons learned into management decisions and reporting on performance.

This five-day course will provide the participants with a set of RBM tools and skills to apply in their daily work and to help the Parliament’s staff to plan new projects, create performance indicators for their projects and their area, run the project or evaluate a project that has already ended.

A part from a good capacity building opportunity, this will be the occasion of interaction among the newly appointed leaders and the divisions of the Secretariat, with the objective of consolidating the integration of the different areas through the interaction of the people.

Legal Drafters Training Program

The legal drafters training program that commenced in early October 2009, has entered its second semester. A report of the First Semester of training has been developed in three languages: Portuguese, Bahasa Indonesia, and English. It highlights the course contents delivered, the results achieved and feedback of participants on the implementation of the course. The course contents covered the legal drafting concepts, norms and practices, Portuguese language classes, and the field research.

During this second half of the academic year the trainees are focusing on drafting three bills on:

    * the hierarchy and content of Timorese laws;
    * protection of culture;
    * Cultural heritage.

The draft bills will now be discussed and revised with the help of the Parliament Project’s Legal Advisor, to be submitted in September to the relevant Parliamentary Standing Committees.

Please Remember to Tune In:

Parlamentaria - the radio program of the National Parliament produced in cooperation and coordination with RTL. Parlamentaria is a 30-minute program in Tetum with news about the National Parliament and interviews with its Members. The program is broadcast every Sunday at 6h30 pm on RTL.

Suara Timor Loro Sa’e, July 26, 2010 language source: Tetun - The Timorese Defecse Force (F-FDTL)’s Brigadier General Lere Annan Timur has called on the Timorese veterans to amicably resolve their recent insult case engaging Suara Timor Loro Sa’e newspaper and Dili district Police Commander, Pedro Belo.

Lere said this case should be resolved amicably; the veterans could not destroy this country, as they had fought for the country’s independence. “I just want to say that we the veterans are still united. But if one veteran makes a mistake, it should not be generalised.

Sometime the politicians like to politicise these things. If one veteran is guilty not the veteran institution, do not politicise it and say all the veterans,” Lere said.

He does believe that the veterans will resolve this case amicably, as they had fought for justice and human rights during the country’s resistance. (ETLJB Editor: last updated 02/08/2010 the word "not" was removed from between the words "will" and "resolve" Thanks to a reader for pointing this out.)

Press Release

Period         : June 2010

Published           : 24 June 2010

Inauguration of accommodation for prosecutors and court clerks assigned to Oecusse District Court

On 18 June 2010 the Oecusse District Prosecution Unit inaugurated accommodation for prosecutors and court clerks assigned to the Oecusse District Court. This ceremony was attended by the President of the Republic Jose Ramos Horta, President of the Court of Appeal Claudio Ximenes, Prosecutor General Ana Pessoa, Chief of UNMIT Ameraah Haq, F-FDTL Commander Major-General Taur Matan Ruak, Navy Commander Pedro Klamar Fuik, Member of Parliament Fernanda Borges, Bishop of Dili Dom Ricardo da Silva, as well as donors, representatives from the Indonesian Consulate in Oecusse as well as several international and national NGOs.

In his speech the President said that he really values the commitment of the Prosecutor General Ana Pessoa and the work of her office in completing the project to provide accommodation for judicial officers in all territorial jurisdictions. President Ramos Horta also values the work of the Timorese contractors who were entrusted by the Prosecution Service to carry out this project, who at a reasonable cost of US $178.000 were able to provide top quality accommodation.

The Prosecutor General Ana Pessoa who is the highest ranking person in the Prosecution Service stated that the facilities provided are intended to help the judicial officers carry out their tasks efficiently. In this way they can better respond to the needs of the community who wish to access justice. This accommodation was provided also in response to concerns raised by NGOs who have noted that a lack of facilities was one of the primary reasons for delays and a serious challenge in the handling of cases in the aforementioned jurisdiction. Therefore, with the provision of such accommodation it is hoped that there will be a change in the work carried out by judicial actors, especially in terms of assisting the community in relation to justice.

The Director of JSMP, Luis de Oliveira Sampaio, believes that the inauguration of the aforementioned accommodation is a positive step in the provision of infrastructure that will facilitate the work of prosecutors and enhance their performance. These efforts are aimed at improving the quality of work provided by the prosecution service.

JSMP believes that the provision of permanent accommodation for judicial actors is one way to respond to concerns that a lack of housing was preventing judicial actors from residing in the jurisdictions to which they have been assigned.

JSMP reiterates its recommendation to the government or competent institutions to provide the same level of facilities for judicial actors assigned to other courts, including public defenders and court clerks.

Komunikadu Imprensa

Edisaun: Jullu 2010

Periodu: 29 Jullu 2010

Tribunál Distritál Díli Absolve Arguidu bá kazu 28 Abril 2006

Iha loron 27 Jullu 2010, Tribunál Distritál Díli halo julgamentu ho agenda lê akordaun bá kazu atake iha Palásiu  Governu ne’ebé involve arguidu Osório Mau Lequi (OML) iha 28 Abril 2006 nia laran.

Antes prosesu ne’e[1], Ministériu Públiku Distritu Díli, alega arguidu involve iha kazu krimi instigasaun bá prátika krimi ne’ebé defini iha Artigu 189 Kódigu Penál Timor Léste. Tanbá arguidu nia atitude ne’e manifesta mensajem ne’ebé provokativu no fo fatin bá hahalok krimi seluk hanesan krimi danu ne’ebé implika estragus ka destroisaun bá patrimóniu estadu nian nomós desobidiensia bá ordem atu namkari. Maske nune’é, iha akordaun husi tribunál, refere deit bá krimi instigasaun bá prátika krimi ne’ebé ikus mai absolvidu, tanbá la iha testamuña ida ne’ebé fo apoiu sufisiente bá alegasaun Ministériu Públiku nian.

Direitór JSMP, Luis de Oliveira Sampaio, haktuir katak desizaun ne’e hatudu no konfirma dignidade instituisaun tribunál nian hodi kumpri ordem no mandatu konstituisionál hodi tesi lia, hari’i no hametin justisa bá ema hotu, hametin prinsípiu estadu de direítu no prinsípiu sira seluk ne’ebé iha relasaun julgamentu ne’ebé justu, kredivel no asesivel bá ema hotu.

Maske nune’é JSMP observa katak prosesu julgamentu bá kazu ne’e la la’o ho máximu tanbá la duun iha kolaborasaun diak entre unidade polisia investigasaun kriminál no Ministériu Públiku inklui testamuña[2] sira ne’ebé notifikadu atu fornese informasaun ka depoimentu bá tribunál.

Tuir JSMP nia monitorizasaun, deskobre katak durante produsaun provas iha audensia julgamentu, aleinde testamuña sira balun ne’ebé loloos la mesere atu sai testamuña tanbá la iha koñesimentu bá kazu ne’e, iha indikasaun katak testamuña balun la kolabora no liu-liu la fo informasaun ne’ebé loos bá tribunál. Nune’é mós la iha esforsu husi Ministériu Públiku atu duni tuir ka buka hatene didiak testemuña sira ne’ebé depoimenta katak sira la hatene ka la rona momós ka argumentu sira seluk ne’ebé la hatudu kolaborasaun ho tribunál. añaña

Istória akontesimentu

Hanesan ema barak iha sidade Dili hatene katak iha loron 28 Abril 2006 nia laran, nu’udar loron ikus manifestasaun ne’ebé hala’o husi grupu petisionáriu sira konabá diskriminasaun ne’ebé mosu iha instituisaun F-FDTL.

Iha inísiu manifestasaun la’o normal ka la’o hanesan bai-bain. Maibé no fim manifestasaun ne’e nakfilak-aan  ho violénsia, desordem, no situasaun anarkismu ne’ebé kauza ema mate, kanek no patrimóniu ka sasan estadu nian hetan estragus maka’as hanesan kareta, motor, jenela no odamatan Palasiu  Governu nian. Akontesimentu ne’e, mak ikus mai  provoka ka hamanas liu tan tensaun konabá issue loro-sa’e vs loro-monu hodi hamosu krize sosial polítiku no militár iha Timor Léste, ne’ebé kauza no rezulta  violénsia barak liu tan iha kapital Díli.

Bazeia bá faktu sira akontesimentu ne’e, Ministériu Públiku alega arguidu katak provoka situasaun ho lian kro’at (instigasaun) durante ninia orasi iha manifestasaun, nune’é fo fatin bá manifestante sira hodi prátika asaun krime sira seluk. Iha akuzasaun Ministériu Públiku nian subliña fraze ida ne’ebé arguidu lansa iha nia orasi durante manifestasaun laran katak ““sé ulun bot ida la mai hasoru ita iha minutu 5 nia laran, ita tenki haruhan tiha Palásiu Governu”.

Maske nune’é, Juiz koletiva ne’ebé prezide  no lê sai akordaun ne’e deklara katak tribunál absolve arguidu husi akuzasaun tanbá la prova katak arguidu mak provoka situasaun tuir akuzasaun Ministériu Públiku nian. Nune’é mós Tribunál deside hodi absolve arguidu husi akuzasaun Ministériu Públiku tanbá; la iha testamuña ida ne’ebé  reforsa akuzasaun Ministériu Públiku no testamuña sira nia depoimentus la han malu no hamosu dúvidas bá juizes.

Maske Tribunál konkorda no deskobre katak arguidu halo duni orasi dala barak durante manisfestasaun, maibé tuir tribunál nia avaliasaun katak arguidu hakarak manifesta no ejize  deit solusaun bá issue diskriminasaun iha instituisaun F-FDTL no lansa krítikas bá Governu tanbá la iha vontade diak atu rezolve problema ne’e. Liu tan, tribunál haktuir katak, razaun arguidu ko’alia maka’as hasoru Governu ne’e ho hanoin ida katak atu enkoraza Governu hodi rezolve problema hirak ne’e lalais no ho ulun malirin

JSMP rekoñese katak  Ministériu Públiku (MP) halo duni esforsu  barak hodi halibur evidensia liu husi aprezentasaun testemuña sira no esforsu sira seluk hanesan aprezenta filmazen liu husi DVD konabá aktividade manifestasaun refere. Maibé JSMP hare katak evidensia sira ne’ebé aprezenta husi MP la sufisiente  atu atinze objetivu MP nian hodi konvense tribunál bá akuzasaun ne’ebe MP aprezenta. Tuir JSMP nia hanoin katak,  loloos MP tenki aprezenta testemuña seluk ne’ebé apropriadu no hatene konabá akontesimentu ne’e hodi reforsa pozisaun Ministériu Públiku nian.

JSMP preukupa uitoan tanbá  husi lista naruk testamuña sira ne’ebé tribunál notifika liu husi Ministériu Públiku, maioria depoimenta katak sira la hatene ho klaru arguidu mak provoka ema ka lae tanbá sira hamri’ik husi fatin dook wainhira akontesimentu ne’e akontese. Testamuña seluk  deklara katak la hatene ona tanbá situasaun komesa manas no balun komesa halo asaun insendiu no bálu halo asaun danu no sel-seluk tan. Tuir JSMP nia hanoin katak situsaun ne’e rezulta husi neglijensia profisional Ministériu Públiku nian ne’ebé la aprezenta testamuña ne’ebé apropriadu nune’é iha balansu hodi reforsa nia akuzasaun. Tuir loloos, tantu psikolójikamente ka profisionalmente, hanesan Ministeriu Publik nia la persiza atu aprezenta testamuña sira ne’ebé la benifisia nia pozisaun, tanbá ne’e bele hamosu fali situasaun ne’ebé kontra-produtivu bá nia aan rasik.

Tuir JSMP nia observasaun katak iha testemuña balu iha kazu ne’e, la fo deklarasaun loloos no dala ruma testemuña sira ne’e hakarak benefisia no prejudika arguidu no dala ruma sira finze la hatene.

Bazeia bá realidade no esperensia hirak ne’e hotu,  JSMP rekomenda bá autór tribunais sira hotu atu fó atensaun no karik persiza JSMP rekomenda atu halo prosesu tuir Artigu 278 ka alternativamente Artigu 279 Kódigu Penál  depende bá sirkunstansia sira ne’ebé deskobre durante prosesu laran. Prosesu ne’e nu’udar maneira ida atu halo aktu prevensaun no lisaun ida bá futuru bá testamuña sira ne’ebé mak la kumpri sira nia dever.

Press Release May 2010Use of the Portuguese language makes it hard for a number of parliamentarians to debate the draft civil code   - On 31 May, Committee A of National Parliament organized a plenary session to debate the Draft Civil Code in National Parliament. One of the members of parliament, Natalino do Santos, representing the CNRT bench, raised the issue of the use of Portuguese, which is making it difficult for them to engage in a thorough discussion and take decisions about the Draft Civil Code which is a very lengthy document which has important applications in the daily lives of citizens. 
JSMP Director Luis de Oliveira Sampaio stated that “JSMP is pleased to see that finally a large number of people are raising language as an important issue in order to increase participation in the drafting of laws to produce laws of high quality that truly reflect the cultural context of Timor-Leste”.  

JSMP has serious concerns about this issue, because the parliament is a crucial body that produces legislation, and if members of parliament find it difficult to express their opinions or participate in discussion on draft legislation, then what about the majority of ordinary citizens who don’t understand Portuguese? What can they do to contribute or participate to the legal drafting process, a process that is extremely important in their lives.  

The aforementioned Member of Parliament raised this issue in relation to the submission of the Draft Civil Code by the Minister of Justice, Lúcia Lobato, in National Parliament. The aforementioned Member of Parliament commented that this draft law is very lengthy and has been split into five books. He then stated that the Civil Code covers many issues and has important applications in the lives of citizens. Therefore this draft law needs to be discussed properly.

However, in reality the members of Committee A have not read the entire contents of the draft law because it is so lengthy, which has been exacerbated by the fact the document is written in Portuguese and the numerous legal terms make it difficult for them to understand the draft law and discuss it properly in order to make well informed decisions. Therefore, they requested the Minister of Justice to prepare the draft law in Tetum and provide explanations on the legal terms used.

The Minister of Justice confirmed that the Ministry has already translated this draft law into Tetum, however the Tetum version is still difficult to use in discussion because it does not properly reflect what was written in the Portuguese version. Nevertheless, the Ministry will endeavor to present the draft law in Tetum and will aim to be present when the draft law is discussed in parliament, in order to provide clarification to members of parliament about difficult legal terms.   

Even though there are difficulties with the language, JSMP congratulates the members of Committee A for working hard to discuss this draft law and present their opinions to the chair of Parliament.  JSMP hopes that the competent bodies and the entire community will work together to promote Tetum as a national language, and more importantly as a language to be used in the legislative process, so that everyone can give their opinion and contribute to the drafting of top quality laws that truly reflect the circumstances of the people of Timor-Leste as a whole.   

Pess Release Published 14 July 2010 Poor interpretation during trial of the perpetrators of the 28 April 2006 attack - On 13 July 2010 the Dili District Court read out the indictment in Case No.88/C.ord/TDD/2009 in relation to an attack that was carried out on 28 April 2006 in front of the government building (government palace) involving the defendant OML. The trial took place before a panel of judges led by presiding judge Jacinta da Costa Correia who was accompanied by judge Guilhermino da Silva and international judge Maria Leonor Botelho. The prosecution service was represented by public prosecutor José Luis Landim and the public defender’s office was represented by international public defender Marcelo Mendonça.

JSMP noted that the interpreting provided in the aforementioned hearing was unsatisfactory, particularly in relation to the reading out of the indictment by the Public Prosecutor and the defence presented by the lawyer for the defendants. In response to this situation the presiding judge took over and summarized what was presented by the public prosecutor and public defender.

The director of JSMP Luis de Oliveira Sampaio considers that the language issue is a major concern in the justice system of Timor-Leste. This issue often creates difficulties and confusion for interpreters as well as defendants and victims, as occurred during the reading out of the indictment relating to an attack carried out on 28 April 2006 that caused damage to the government building. Therefore JSMP recommends and urges the government of Timor-Leste to make efforts to provide interpreters who are qualified and fluent in Portuguese, who have sufficient understanding of legal terminology to ensure that the trial process can run smoothly.

JSMP is concerned that during this trial the interpretation from Portuguese into Tetum was problematic and many statements were repeated and the message was unclear. As a consequence the presiding judge took over and clarified or corrected the interpretation to accurately reflect what was stated by the defence.

The prosecutor’s indictment charged the defendants with Article 189.3 of the Timor-Leste Penal code on instigation to commit a crime as well as Article 193.1 on failure to obey a lawful order. However, the lawyer for the defendants in his defence stated that what his client said in public speeches between 24 - 28 April 2006 could not be classified as the crime charged in the prosecutor’s indictment, because his client did not act in a manner that could be considered as instigating others to commit a crime. Rather, his client only stated his opinion by demanding an end to the issue of discrimination within the F-FDTL institution which had led to the petitioner issue at that time.  If violence and crimes were committed against state assets, then this was the public displaying their dissatisfaction with the government who had deliberately ignored the requests and demands that they had presented over five consecutive days

Press Release  21 July 2010 Committee A approves report recommending Draft Laws on a Memorial Institution and Reparations - On 14 July 2010, Committee A of National Parliament approved a report/recommendation for a Draft Law on a Memorial Institutional and a Draft Law on Reparations.  The submission was approved after a vote of 5 in favor, 2 against and 0 abstain.

Members of various parliamentary benches were present for the discussion, namely Fernanda Borges from PUN who is also the President of Committee A, Carmelita Moniz from CNRT, Natalino dos Santos from CNRT, Teresa Amaral from ASDT,  Cornelio Gama a.k.a. L-7 from UNDERTIM and Aniceto Guterres and Domingos Sarmento from Fretilin.

A member of the Fretilin bench, Domingos Sarmento, rejected the recommendations of the report because the law on reparations should prioritize victims who fought for national liberation, however the report included a recommendation that other victims should receive support and social assistance from the government.

Another member of parliament, L-7, agreed with the report because the reparations mechanism can benefit all victims, particularly those who have been rendered vulnerable as a consequence of their active or passive involvement in war. This sentiment was echoed by another member of parliament, Natalino dos Santos, who agreed at the Committee level to give proper recognition to the victims, however he may change his stance during the plenary debate if considered necessary.

JSMP Director, Luis de Oliveira Sampaio, congratulates the members of parliament on their hard work, because despite their different political views on the matter, they all have a desire to carry out the recommendations of the final report from CAVR (Chega!) as well as the recommendations of the Commission for Truth and Friendship (CTF). Therefore, JSMP encourages and urges the honorable members of national parliament to immediately discuss these draft laws in a plenary session and approve the laws before the end of this year.

JSMP hopes that these two draft laws will provide benefits to vulnerable victims who were subjected to violence, maltreatment or other violations of their fundamental rights as the result of actions or omissions or serious violations of international human rights law. JSMP also hopes that the existence of these laws can further prevent practices that discriminate against the rights of the disabled and provide health care and rehabilitation to those suffering mental health problems, as well as advice and social services, including professional training and non-formal training to the illiterate as set out in Article 9.1 a), b) and c) of the draft law on reparations.

Translation of Centre for Investigative Journalism Timor-Leste article
(Tetum to Portuguese)

Written by CJITL Editor-Friday, 09 July 2010

Dili Flash, Thursday 8 July 2010:

MINISTER OF JUSTICE LUCIA LOBATO IS OFFICIALLY NOTIFIED AS SUSPECT IN BERE CASE

Lucia Brandao Lobato, Minister for Justice has been officially notified by the Timor-Leste Prosecutorial authorities as a suspect because of her suspected involvement with the release of former Laksaur militia leader, Maternus Bere.

The Minister for Justice Lucia Lobato appeared in the company with her lawyer Sergio Hornay to give her statement regarding her involvement in the release of Maternus Bere on 30 August 2009.

During this interrogation process the Minister had to comply with her legal obligations to answer numerous questions regarding her involvement in the case.

Shortly after giving her statement to the Prosecutorial Authorities, Lucia Lobato told journalist that she was the one who released him, but that the decision had been made by the President of the Republic (PR) Jose Ramos-Horta, because Horta had already promised to Jakarta before 30 August 2009 that Maternus Bere would be handed over to the Indonesian government.

“As a political leader who released Maternus Bere, I take responsibility for my actions, but other political leaders must also accept responsibility,” stated Lucia.

“I have already asked the Prosecutorial Authorities to also take statements from President Horta, Prime Minister Xanana Gusmao as well as the Prosecutor General of the Republic, because they were all involved, but in the end it was the Minister of Justice alone that has had to answer, that is unjust,” Lucia pointed out.

Lucia Lobato received the notification letter on 22 June 2010 notifying that she had been made a suspect in the case of the release of Maternus Bere from Becora Prison.

“I want to say that the accused states that I took Maternus Bere out of jail, this I do not accept, because everyone was involved,” affirmed Lobato.

Sergio Hornay as defense counsel to the Minister for Justice, Lucia Lobato confirmed that high level figures should not wash their hands of this case, but that it is in everyone’s interest that everyone take responsibility and not just his client. (CJITL Editor)

Timor Post July 15 2010 language source: Tetun - Rui Viana, the Director of the peak national civil society justice organisation, HAK [Timorese Human Rights Association]  has called on MP Cornelio L-7 Gama to take the case he is facing to the Public Prosecution as everyone is under the law in the country.

Viana called on the veterans not use politics to intervene in the legal process because all cases should be resolved through the legal processes and everyone should abide by the law.

He said the police might have strong reasons in this regard yet it was still known to the public.

Rui added it was important to take the case to the Public Prosecution if L-7’s car and wheels were still being seized by the police.

Diario Nacional July 15 2010 language source: Tetun - Fretilin and UNDERTIM parties will make efforts to uncover the intelligence activities of UNTAS [a pro-Indonesia organisation] as it aims at integrating the Timorese people with Indonesia.

MP Osorio Soares said that, as citizen,s all the Timorese should unite to defend the country’s stability from external threats.

Meanwhile MP Ernes Barros from the Social Democratic Party (PSD) said Timor-Leste should pay attention to the UNTAS’ documents because it could create instability in the country.

The UNTAS was established in Kupang in 2000 [West Timor] in Indonesia which aimed to continue fighting for Timorese integration into Indonesia.


Bakcground to UNTAS
"UNTAS – ‘Uni Timor Aswain’ (Aswain means Heroes), an organisation created in West Timor on 5 Feb. 2000, is the successor to the FPDK (‘Forum Persatuan, Demokrasi dan Keadilan’ – Unity, Democracy & Justice Forum), which was set up before the referendum to provide political cover for the militias. UNTAS maintains that the UN-organised referendum was fraudulent.

Its leading figures are: Domingos das Dores Soares, Basílio Dias Araújo and Filomeno de Jesus Hornay.

The two main [pro-autonomy] groups, the militias and their political wing (UNTAS), both operating from within Indonesia, oppose the presence of relief organisations so they can maintain control over the refugees, without whom they would lose their power. They send armed men into East Timor to incite a guerrilla struggle, and still receive political and military support in Indonesia." from http://members.pcug.org.au/~wildwood/linkswatch.htm#ETO

Suara Timor Lorosa’e July 15 2010 language source: Tetun - MP Vital dos Santos from the Democratic Party (PD) said the Parliamentary Majority Alliance (AMP) Government would not intervene in the case of the release of ex-militia leader Maternus Bere but the Government had its own way to save Justice Minister Lucia Lobato from the legal charge.

MP dos Santos made the comments yesterday saying that the Government would not put hands into the legal process of the case of releasing the ex-militia commander Maternus Bere on 30 August last year.

Dos Santos added Timor-Leste was a democratic country and therefore the legal process for Bere’s release should be continued adding that it was important to look at the national interest as well.

“It is not mistake of the Justice Minister Lucia Lobato as she just implemented decision made in the national interest , namely, the country’s stability,” MP dos Santos said.

MP dos Santos added that the other reason of freeing Bere was because of socio-economy security and geography aspects of the country.-

ETLJB is temporarily closing.

The Irrawaddy  By MATT CROOKJULY, 2010 - VOLUME 18 NO.7 Ozorio Leque stands accused of inciting a riot in Dili, the East Timorese capital, on April 28, 2006, when he publicly berated the government before a mob went on the rampage, attacking the government palace. The crisis that followed over the next two months led to 37 deaths and the displacement of 150,000 people.

One of the leaders of Colimau 2000, a resistance group comprising former freedom fighters, youths and farmers, Leque, 29, insists he was acting merely as an activist and that the real perpetrators of the crisis remain untouched. Meanwhile, frustrations among an increasingly disenfranchised youth demographic are now the country’s biggest social challenge.

“Now it’s more calm and more quiet and peaceful than before, but that does not mean that we don’t have conflict among the youths, among the leaders, that could lead to another social conflict in the future, particularly with martial arts groups,” he said.

In the crisis of 2006, a split in the armed forces over promotions led to clashes in the streets of Dili between the army (F-FDTL), police (PNTL) and martial arts groups. Rivalry between the army and the police remains a source of tension, but with an average age of 22 among the population of 1.1 million, the biggest threats to security are evident among the nation’s troubled young.

“This country is composed mostly of youths, but the major challenge that they are facing at the moment is the lack of skills and job opportunities. This is one of the issues that could lead to another social clash,” said Leque, whose trial at Dili District Court was again delayed on June 8.

The Indonesian military’s illegal occupation of Timor-Leste between 1975 and 1999 led to about 200,000 deaths and culminated in the destruction of much of the country’s infrastructure. Shifting a nation’s mentality from resistance to development is key to maintaining stability, Leque said.

“We were coached to use violence against the Indonesian government to achieve our goal of independence or to demonstrate to international societies that we were refusing the Indonesian presence in our country, and most of these youths who were involved in the conflict in 2006 were involved in the violence against Indonesia,” he said.

“It is time for this generation to think for themselves and then their society, their family and their country. It makes no sense when you talk about development if you don’t start from yourself. Human investment is one of the most important issues,” he said. “Creating job opportunities and facilitating youths is one of the priorities in this post-conflict situation.”

But while the streets of Dili are mostly calm, especially compared to 2006, there are still bust-ups between youths in some parts of the city. The government meanwhile has discounted reports that tension between rival martial arts groups is smoldering to the point of destabilizing the country.

Secretary of State Agio Pereira said in a statement that Timor-Leste has one of the lowest crime rates per capita in the world and that reports of serious crime continue to decrease.

But not all crime is reported and the government’s knee-jerk defenses have drawn flak.

Aniceto Neves of the HAK Association, a human rights organization that works with members of martial arts groups, said a balance between sensationalist reporting and defensive posturing is needed.

“The martial arts situation is not something which is dangerous for the security of Timor-Leste,” he said. “It is about social jealousy. It is about social frustration. It is not really affecting the stability of the situation in Timor-Leste.”

Australian gang specialist James Scambary said in his latest report, “Sects, Lies and Videotape,” that fighting, “sporadic but at times intense, sometimes involving over 300 people at a time, is taking place in eight neighborhoods across the city.”

But Neves said “outsiders” have a tendency to exaggerate.

“You cannot consider most places in Dili as dangerous. You cannot consider most of the youths located in different places as dangerous or threatening to others. It is not true. If there is a threat, then the fighting would be very often,” he said.

Nelson Belo, the director of Fundasaun Mahein, a local NGO focused on security sector issues, said Dili is stable, but the problem of unemployment must be addressed or else it could pose a serious threat.

Gainful employment is hard to come by in Timor-Leste, which has only been formally independent since 2002. Subsistence farming is the norm and half the country remains illiterate.

“The problem is language,” Belo said, adding that many Timorese feel unable to get top jobs in the country because they are unable to speak Portuguese, one of Timor-Leste’s official languages, or English.

“Many Timorese only apply for jobs that are insecure,” he said.

“They only apply for jobs as security staff or cleaners, and so many of them are not in the decision level and this creates jealousy.”

The government should review its language policy so that Timorese who are unable to speak Portuguese and English can have the same opportunities as those who can, said Belo.

“Many internationals have good jobs and so people start to feel like they are guests in their own country,” he added.

The key to maintaining stability in Timor-Leste is greater involvement of people at the community level to shape future policies on security and better reflect the needs of the population, he said.

Another significant problem is the lack of coordination between Timor-Leste’s army and police force and the UN Police (UNPOL). The PNTL have been re-assuming policing duties from the UN on a district-by-district basis. To date, six of 13 districts have been handed over.

Cillian Nolan, a Dili-based analyst for the International Crisis Group, reported in February that it remains a “fiction” that the UN is in charge of policing Timor-Leste.

“The reality is a lot murkier. A formal handover of ‘executive policing responsibilities’ is progressing on a district-by-district basis, but response to recent events resembles a collective abdication of responsibility,” he wrote.

Recent allegations of excessive use of force have been leveled at the police over the beating of an unarmed man during a fishing competition and the fatal shooting of an unarmed youth in Dili last year.

In its latest “Security Sector Reform Monitor” for Timor-Leste, the Centre for International Governance Innovation (CIGI) warned against the current militarization of the PNTL under police commander Longuinhos Monteiro.

“This situation underscores the need for a review of paramilitary policing and a drastic reduction in the number of PNTL weapons in a country with few illicit firearms.

“Everyday sightings of armed F-FDTL soldiers and PNTL officers, including paramilitary police units with semi-automatic assault rifles and district task force units in riot gear have increased substantially since the 2006 crisis,” according to the CIGI report.

Earlier this year, the police and military launched a six-month joint campaign after unfounded reports surfaced of “ninjas” terrorizing locals in the western districts. The heavy-handed response was widely criticized and cited as Monteiro’s way of justifying the gun-toting Public Order Battalion he created last year.

Monteiro’s show of strength may have had more to do with winning popularity points than hunting ninjas, but the stunt backfired as a torrent of complaints about human rights violations rained in on Monteiro’s men.

Then, in May, reports of a shoot-out between an illegally armed group and police in Ermera District spread through local media and triggered another wave of ninja talk, with Monteiro once again talking up the need for police action.

NGO Fundasaun Mahein on June 7 released a report casting doubt over Monteiro’s claims that there was an illegal group of gun-toting menaces on the loose, citing conflicting police reports and a lack of evidence.

“The alarmism raised by the general commander, Longuinhos Monteiro, is no different from the invention of the ninja situation in Bobonaro and Suai,” the report found.

“The rumors of illegal groups are strongly connected with PNTL’s militarization and have the potential to create competition between PNTL and F-FDTL.”

But for all the criticism, there have been improvements in the country’s police force, said Silas Everett, the country representative of the Asia Foundation in Timor-Leste.

“The police have been undertaking a transformation here, and in terms of community policing, there has been a real growing acceptance of it as an appropriate policing strategy. Officers are going out there and engaging with communities and all of that doesn’t make it into the media,” said Everett.

“In Timor-Leste, stories pick up on the violence, the poverty, and not enough is said about the good things that are happening, especially in regards to the security sector,” he added.

Yet even if security is bolstered, Timor-Leste’s ineffective justice system needs significant investment.

Neves added, “During the crisis in 2006 until present times, there are a number of people who suffered damages, who lost their houses, lost their families, had things stolen­there were people who killed­but what people face now is the absence of justice.”

A lack of qualified prosecutors has led to a backlog of about 5,000 cases at the Prosecutor General’s office.

“There is no responsibility. The ones who are suspected of killing are just free, just going around and walking freely. It makes people frustrated. Very easily they can turn to violence,” he said.

“Social frustrations regarding the justice system are provoking people to be angry with each other and then they are fighting.”

9 July 2010 SECRETARY-GENERAL APPOINTS SHIGERU MOCHIDA OF JAPAN AS DEPUTY SPECIAL REPRESENTATIVE FOR SECURITY SECTOR SUPPORT AND RULE OF LAW IN TIMOR-LESTE

The Secretary-General has appointed Shigeru Mochida of Japan as his Deputy Special Representative for Security Sector Support and Rule of Law of the United Nations Integrated Mission in Timor-Leste (UNMIT).  Mr. Mochida succeeds the late Takahisa Kawakami of Japan, who passed away on 15 March 2010.  The Secretary-General is grateful for the dedicated and excellent leadership of the late Mr. Kawakami during his service with UNMIT as well as prior United Nations assignments at Headquarters and in the field.

Mr. Mochida has served the United Nations with commitment over the past 30 years in various capacities, and brings to UNMIT extensive management and operational experience, including in the political, security and conflict-resolution areas.  He most recently served, since 2005, as the Deputy Executive Secretary of the United Nations Economic and Social Commission for Asia and the Pacific in Bangkok, and, before that, as the Deputy Director of the Africa I Division of the Department of Political Affairs (DPA) at United Nations Headquarters in New York (2000-2005).

Mr. Mochida formerly worked with DPA as the Team Leader of the Horn of Africa Team in the Africa I Division (1994-2000) and as Officer-in-Charge of the Branch for Peaceful Settlement Procedures in Africa (1992-1994).  He was also Desk Officer for Asia and the Middle East in the Office for Research and the Collection of Information in the Office of the Secretary-General from 1988 to 1992.  He began his career in the Ministry of Foreign Affairs of Japan, where he initially served as Attaché with the Political Affairs Division of the United Nations Bureau (1975-1976) and then as Liaison Officer in the Security Affairs Division of the American Affairs Bureau (1978-1980).

Mr. Mochida received a Master’s Degree in Public Affairs from the Woodrow Wilson School of Public and International Affairs of Princeton University.  He obtained a Bachelor of Arts Degree from Hitotsubashi University in Tokyo.

Born in Japan in 1952, he is married and has no children.

The message as issued by UN HQ.

Japan - Statement by the Press Secretary on Mr. Shigeru Mochida, Deputy Executive Secretary of ESCAP, Appointed as Deputy Special Representative of the Secretary-General for Timor-Leste

1.The Government of Japan welcomes the announcement that on Friday, July 9 (US Eastern time), Mr. Shigeru Mochida, Deputy Executive Secretary of United Nations Economic and Social Commission for Asia and the Pacific, has been appointed as Deputy Special Representative of the Secretary-General (DSRSG) for Timor-Leste by Mr. Ban Ki-moon, Secretary-General of the United Nations.

2.The post of the DSRSG, to which Mr. Mochida has been appointed, is an extremely important one: his tasks include supporting the Special Representative of the Secretary-General (SRSG) and advancing peacebuilding process in Timor-Leste in such areas as the resumption of Policing Responsibilities by Policia Nacional de Timor-Leste (PNTL), security sector reform and strengthening of the rule of law.

3.The Government of Japan has been contributing to nation-building in Timor-Leste since its pre-independence days and looks forward to Mr. Mochida's contributing significantly to peacebuilding in Timor-Leste.

http://www.mofa.go.jp/u_news/2/20100710_104658.html

 Finance Minister Alleges TMR Will Carry Out Coup D’état Again TEMPO SEMANAL  Dili, 6 July 2010, Edition XXVII - Despite Taur Matan Ruak (TMR) having repeatedly stated publicly that a coup d’état against a democratically elected government would set a bad precedent for the Timor-Leste nation, there are people who persist on accusing him of wanting to undertake a coup d’état against the government.  During a meetig organized by UNMIT last year Taur joked, “I must be the dumbest general in the world.  Had I been a smarter general then maybe I might have been like Perves Musharaf (ed: Pakistani President),” moving the gathered  audience to applause.
That was not the first time the general trained in the jungle for 24 years joked in this way, as he took a large UN Security Council delegation to task during a visit by them to the Falintil-FDTL headquarters at Tasi Tolu.

It is Taur Matan Ruak’s character to be honest and confronting, but he has also served the nation with utmost discipline.

Despite this fact the former Falintil Chief of Staff continues to be the target of all sorts of accusations including of acting discriminatorily, being an assassin (ed: as in 2006) and lately of wanting to undertake a coup, as can be seen in an email by Dr. Emilia Pires, the current Finance Minister in the Fourth Constitutional Government, as well as by Ms. Ines Almeida who alleged that Taur Matan Ruak would act undemocratically and carry out a coup against his former Commander in Chief.  “ I feel that some people are preparing the land in ET to follow the same steps…..,” (referring to the military coup in Fiji in 2006), wrote Dr Emilia in an email to 13 of her friends on 5 December 2006.

It seems Dr Emilia Pires wrote this after having seen news reports on CNN TV of the Fiji coup and concluded that Taur Matan Ruak was also thirsty for power and would follow the example set by the Fiji Armed Forces in December 2006.

Dr Emilia reminded her friends that signs of this had emerged in Timor-Leste from the strong statements made against the International Forces by Commander Taur.

“TMR has been saying that the army is supposed to raise up again to bring law and order because the international forces can’t do it…..,” Emilia wrote.

Dr. Emilia added that fighting between martial arts groups at the time were a means to facilitate the former guerilla fighters’ taking power.

“These gangs fights I feel is part of the plan to continue destabilizing , so that the army under TMR will have an excuse to raise up and similar things as in Fiji….,” wrote Dr. Emilia Pires.

The former World Bank staffer argued that the Falintil-FDTL could not however do as they wanted because the international community was still present.

“Lucky for us that the UN is there….which makes it harder for those there to justify their actions…..won’t be as easy as in Fiji…….but they will use some other tactics, including terrorism activities as they (F) already announced on their press release on 17 of November,” Dr. Emilia wrote.

Dr. Emilia expressed her fears recalling a conversation with a very senior American officer.

“When last I spoke with an US very senior officer….he told me that nowadays….coup d’états are made by those in power themselves against themselves when they feel they are losing ground….at the time I did not understand but now it is all very clear…..” The same day a good friend and former advisor of Dr. Emilia Pires, Ms. Ines Almeida, who is now a director of the company Lifese Timor-Leste (ed: see statements by Secretary of State for Defense Julio T. Pinto after meeting with Committee C of the National Parliament regarding this company which will construct the very expensive US$8.1 million temporary port for the F-FDTL patrol boats) also wrote an email alleging that General Taur Matan Ruak would move against his supreme leader during the resistance Kay Rala Xanana Gusmao.

“I suspect if Xanana wins 2007 elections F mob will do a coup using TMR who, when elected as PR will be the Chief of Armed Forces.  Food for thought,” Ines Almeida warned her friends (15 of them), whom some people have branded “the gang from Australia”.

This newspaper tried unsuccessfully to obtain clarification from the Finance Minister, Dr. Emilia Pires.

Tempo Semanal also tried to speak by telephone with the Minister on her official number but all calls went unanswered, so on Saturday 3 July 2010 at 11:41:06 hours Tempo Semanal sent some questions to the Finance Minister by SMS, inquiring: “Big Sister Minister, I want to confirm with you that which you alleged that Taur Matan Ruak would carry out a coup against the Xanana government.  Do you still believe that TMR wants to do in TL what was done in Fiji?  Is it the case that the martial arts groups that have re-emerged in Comoro all the way to Java is a tactic to justify TMR acting to bring down the government? What have you done to dissuade TMR not to carry out a coup? Thanks.” This SMS has remained unanswered by the Minister for Finance up to the
time of publication.

This newspaper also tried to seek clarification from Ms. Ines Almeida but we were unlucky because the mobile number for her was switched off, and we were informed by sources close to her that she was away in Sydney.

President of the Republic Dr. Jose Ramos Horta, who is also SupremeCommander of the Falintil- FDTL, told journalists during a press conference at Nicolau Lobato International Airport in Dili upon his return from his state visits to Australia and the Philippines on 3 July 2010 that he has not seen these emails.  “I do not know whether or not the Finance Minister said anything of the likes you have said,” he said answering questions on this from journalists.

But the President made it known to Dr. Emilia that, “I can only say that our Armed Forces have been a model to be followed by many countries.  You know, even during the height of the crisis our Armed Forces were humble, they never acted in any way against the Constitutional Order.”

He added that Falintil under the Command of Taur Matan Ruak, who never spent one day in a military academy to become a general as have many generals around the world, “defended the Constitution with discipline and when ordered came to Dili to help re-establish law and order, they did so.  When I as Prime Minister asked them at the end of May that they return to barracks, they exhibit utmost discipline and returned to barracks. So, I have 100% confidence in our armed forces who over the years have shown professionalism and respect for the constitution despite facing many difficulties.”

Jorge, a former member of the clandestine front from  Ermera greatly lamented the attitude expressed by some of his compatriots who returned from overseas.  “I think the Finance Minister does not know General Taur and his character.  Perhaps she thinks the general has ambitions to rise to the top or to become rich.  We steadfastly believe in his honesty, integrity and discipline,” said Pos Kombi.

“I think that the general’s intelligence was gained in a university where many intelligent people such as doctors fear to study.  His studies were completed from living with death and suffering, so I believe that the Minister is frightened by his shadow so has defamed this hero Taur Matan Ruak,” said Jorge.

“I ask the Finance Minister to measure her remarks because we will not allow anyone to accuse others because of their own ambitions, to accuse others who have sacrificed themselves and are still sacrificing themselves to defend the Constitution of the Republic,” warned this former senior member of the clandestine resistance.

“I think that the Finance Minister is today working in this country because she is receiving a salary, but General Taur Matan Ruak has from the time when things were difficult shown his loyalty to the nation and continues to this day to show his firm resolve to serve the Constitution of the RDTL . So there is no reason for Ms. Emilia to insult Taur in the same way foreigners have done,” said JG, who is a former clandestine resistance member form Baucau.  The leadership of the Falintil-FDTL  has been persecuted since the time of the occupation as being communist, subversive elements (GPK), thieves and atheists.

However, Falintil’s struggle for independence has been a struggle against a military regime and dictatorship.  “Falintil is the Armed Forces for the national Liberation of Timor-Leste. It is so that Timorese can develop our society in a democracy and in peace,” Taur Matan Ruak told journalists on 17 November 1997 at Mundo Perdido.

“Many of the Falintil-FDTL leadership lived and experienced hardship together with the people so I do not believe they would do a coup d’état,” said Manuel Dos Santos Pereira, a member of the Liquica community.

This newspaper tried to get comments from the Government’s Members of Parliament but they refused to comment.

On the other hand, Mateus da Costa a youth from Becora said the Finance Minister had lived overseas for a long time and so did not know what it was to live under a dictatorship and therefore does not know Taur Matan Ruak. “It often happens that people do not know but speak out regardless like the Minister of Finance has done,” said Mateus.

According to a secret and restricted report dated 31 December 2009 titled “Preliminary Assessment of Achievements, Challenges, Benchmarks and priorities for the UN System in UNMIT Mandated Areas 2010-2012”, Taur Matan Ruak's role is noted as being important.  “There is no other figure that has yet emerged who has Taur Matan Ruak’s capacity to lead the Falintil-FDTL.  There are some candidates, but there is not one who has TMR’s standing, charisma or intelligence,” the report states in paragraph 42.

The same report also stated, “talk of reform by replacing TMR or other senior Falintil-FDTL officers arouses concern amongst the population; people still do not trust the capacity of the young officers to take over from the Falintil Veterans.  TMR however does not try to take advantage over the government due to this fact.”

UNMIT has finally started to recognize the capacity of the Falintil-FDTL and their role, which is something the UN failed to do during the UNTAET mandate. (ends)

Fundasaun Mahein 6 Juli 2010 Press Release The Fish is out of the Water” : The Relationship between the Military and the Civilians in Timor-Leste

Mahein Nia Lian no. 7.  In this issue we will discuss the lack of serious debate in the nation regarding the military-civilian relationship. Falintil-Forca Defeza de Timor-Leste (F-FDTL), during all their events and celebrations state the slogan; ‘F-FDTL is the fish and the people are the water.’ During the resistance, this slogan was used to inspire and motivate people in the villages and towns to support the guerrilla army Forca Armadas de Libertasaun Nacional de Timor-Leste (FALINTIL).

The relationship between Policia Nacional de Timor-Leste (PNTL) and civilians is not good at the moment, because there have been many incidents where PNTL used their weapons, which are supposed to be used for patrols and providing security for the population, intimidated people and also engaged in the killing of people’s domestic animals in the villages.

Many people have said that PNTL should put more effort into developing and strengthening their community policing practices, rather then their paramilitary forces. F-FDTL LTC Filomeno Paixao stated, that based on the state constitution there are very clear areas of responsibility for PNTL and F-FDTL. PNTL deals with internal security and the external security threats are the responsibility of F-FDTL, except PNTL would like to replace the role of F-FDTL.

Unfortunately, unless the relationship between PNTL and F-FDTL becomes more harmonious, problems may arise in the future.  While the government has made an effort to unite these institutions, particularly in joint Command Operations such as in 2008 when they worked together to capture Gastao Salshina and his group, the PNTL operation against the Ninjas in Suai-Bobonaro, and other joint operations in 2009, they should continue to work on improving the relationship between the different security forces.

By appointing Longuinhos Monteiro as the commander of PNTL, and arming PNTL’s officers with semi – automatic rifles and submachine guns and giving them military style training, civilians have taken notice, and these actions have had a large impact on the relationship between the civilians, and the security institutions.

Fundasaun Mahein recommends that the government work on strengthening the relationship between PNTL and F-FDTL so that civilians have a more positive image of those institutions tasked with protecting them, and we can change the perception that “the fish is now out of the water”, and is back in its natural habitat.

Access the report in Indonesian language here.

For further information please contact Nélson Belo,

Director Fundasaun Mahein

www.fundasaunmahein.wordpress.com

email.direktor.mahein@gmail.com , tlp +670 737 4222

http://fundasaunmahein.wordpress.com/2010/07/08/siaran-pers-%E2%80%98ikan-yang-semakin-jauh-dari-air%E2%80%99-relasi-sipil-dan-militer-di-timor-leste-pasca-kemerdekaan/
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Nelson Belo
Fundasaun Mahein - Timor-Leste
E-mail: direktor.mahein@gmail.com
Mobile: +670 7374 222
Skype: nelson.belo
web:http://fundasaunmahein.wordpress.com