Press Release For Immediate Release 27 June 2008
Regarding the decision of President of the Republic, José Ramos-Horta’s, to grant executive clemency to 94 prisoners, today, Friday, 27 June 2008, eleven Timorese citizens delivered a petition to the Provedor for Human Rights and Justice (PDHJ) asking him to use his powers according to Section 150 of the Constitution to request that the Court of Appeals examine the constitutionality of the Presidential Decree “Presidential Clemency of 20 of May” (No. 53/2008).
The eleven Timorese citizens, Fernanda Mesquita Borges (Member of the National Parliament), José Luis de Oliveira (Director, Association HAK), Father José Filipe de Jesus Pereira and Higinio Posinato Zamor E Silva (Justice and Peace Commission, Dili Diocese), Father Angelo Salsinha Trindade (Youth Department, Dili Diocese), José Amaral (NGO Forum), Maria Afonso de Jesus and Edio Saldanha Borges (Board members, Timor-Leste National Alliance for an International Tribunal), Sisto dos Santos (National University Student Front), Manuela Leong Pereira (International Center for Transitional Justice, Timor-Leste) and Luis de Oliveira Sampaio (Timor-Leste Lawyers Association), made the request based on Constitution Article 48 (right to petition).
The citizens delivered the petition directly to the Provedor, Mr. Sebastiao Dias Ximenes, in his office on Kaikoli Street in Dili on June 27. The petition was also delivered directly to the Appeals Court by the group’s lawyer, Ms. Natercia Barbosa de Deus, on the same day.
The petition asks the Appeals Court to declare the Presidential Decree on the executive clemencies null and void and that the decree be revoked and not implemented. According to the petitioners, the Presidential Decree is unconstitutional because it does not follow requirements or does not properly implement Section 85 (i) that pardons or commutation of sentences by the President must consult with the Government.
President José Ramos-Horta issued his clemency decree without first listening to advice from Government. The decree was publicized on 19 May 2008, and the letter with the Minister of Justice’s recommendations reached the President on that same day. This means that when the President issued his decree he had not considered the recommendations of the Minister of Justice who is responsible for the prisoners’ eligibility. The facts also reveal that in the Justice Minister’s letter, Ms. Lucia Lobato recommended that only 83 of the prisoners have their sentences reduced, between two to six months each. However, in the decree President Ramos-Horta granted 94 prisoners clemency, with their sentences commuted or reduced.
Additionally, on 20 May 2008, the Prime Minister sent the President of the Republic a letter saying that the situation of prisoner Rogerio Lobato is very sensitive and that the concerns of civil society must be taken into account. Prime Minister Xanana Gusmao suggested that Rogerio Lobato’s sentenced be reduced by only one year, and that he must return to Timor-Leste to complete his sentence. However, President Ramos-Horta did not consider the suggestions from Prime Minister Xanana Gusmao and had already reduced Mr. Rogerio Lobato’s sentence by three and a half years. That is why Mr. Rogerio Lobato is already free.
Rogerio Lobato, former Minister of the Interior, was convicted of distributing guns to civilians to kill leaders of opposing political parties and petitioners who had deserted the military. He was sentenced to seven years and six months imprisonment on 10 May 2007, when he was incarcerated. He had been under house arrest since 18 September 2006. In early August 2008, he was hospitalized and on 9 August 2008 he left Timor-Leste for medical treatment in Malaysia. He was provisionally free after the President’s 19 May clemency decree.
In addition, the Presidential Decree did not adhere to the penal procedure, because the decision on executive clemency or commutation of sentences for prisoners must have a legal basis and follow clear criteria. According to this decree, the President considered the situation of all the prisoners as the same. Also the decree does not show the process of reintegration of the prisoners back into the community. The decision may create confusion about the legal process, and may create a threatening situation again for some of the prisoners who return to live in the community. If there are problems for the prisoners, who is actually responsible?
On the other hand, the decree reveals a conflict of interest. The President is using his powers to serve personal interests (to satisfy his friends) rather than the public interest, according to principles found in Sections 1 and 6 of the Constitution of RDTL (democratic state and state objectives).
Finally, the worst is that the Presidential Decree violates Section 160 of the Constitution and the principle of international law for serious crimes that violate human rights which our state adheres to, according to the principles in Section 9. According to these sections, perpetrators of serious crimes are not eligible for executive clemency. Those who commit serious violations of human rights must be tried by a national or international court and be properly sentenced, thus all people learn not to repeat nor continue such practice in the future. Unfortunately, our President does not respect these human rights laws. That is why convicted murderers like Jhoni Marques and his group of pro-Indonesia militia who killed nuns, priests, an Indonesian journalist, and raped many women in Lospalos in 1999 already enjoy freedom.
Jhoni Marques was sentenced to 33 years and 4 months imprisonment for Crimes Against Humanity including torture, murder, deportation or forcible transfer of civilian population and persecution on 11 December 2001by the Special Panel for Serious Crimes in Dili, Timor-Leste. Upon appeal, his sentenced was reduced to 25 years. He entered prison on 8 May 2000 and was provisionally released after the President’s 19 May clemency decree.
The decision of the President is a gross injustice to the victims who still suffer because they have not yet received adequate justice and reparations from our State. It is also unjust to other prisoners who have not received a final decision from the courts. For example, people who illegally distributed guns and authored the crimes are already free, and people who received and used them to shoot people are still in prison. Where is justice? Where is truth? How will the state guarantee that crimes by armed militia that occurred in 1999 and 2006 will not happen again?
For More Information Contact:Fernanda Mesquita Borges Spokesperson for The “Petitioners Against Clemency” Member of the National Parliament +670-733-0744
zeus@yayasanhak.minihub.org
See also
JSMP Press Release concerning clemency for the criminal mentioned in this post.
Legal Perspectives on Clemency
From East Timor Legal Information Site
Direcção de Sede: Antigo Comarca Balide Telp: (+670)3311263
Rua de Caicoli, Balide Dili, Timor-Leste Email: info.cavr@gmail.com
P.O. Box 144, Dili, Timor Leste Website: www.cavr-timorleste.org
Press Release 27 June 2008
STP-CAVR Appeals for Resolution of Serious Crimes Cases
The STP-CAVR presented a copy of the Chega! Report to Prosecutor General Longinhos Monteiro this week and urged him to continue to prosecute those responsible for serious crimes in Timor-Leste.
From 2002 until 2005 the United Nations-funded Serious Crimes Unit was mandated to investigate alleged serious crimes committed in 1999. However, the high case load and limited resources meant that when the serious crime unit’s mandate expired in 2005, 40% of cases referred to it remained unresolved. The serious crimes process was revived by the Timorese government in February of this year.
According to SCU investigators, they intend to complete 10 investigations per month until they finish investigations of some 400 remaining cases.
This includes 114 cases referred to the Office of the General Prosecutor from the CAVR. As part of its mandate, the CAVR conducted reconciliation processes to assist with the reintegration of perpetrators into their community. This resulted in some 1,300 people reconciling with their victims and community. Although only non-serious crimes could go through this process, during the course of the reconciliation efforts it sometimes became apparent that a perpetrator may have committed a serious crime.
As a result, the case became the responsibility of the prosecutor's office and serious crimes unit. To date, none of these 114 cases have been resolved.
Once the serious crimes unit completes its investigation of a case, the evidence will be handed over to Monteiro's office and he will decide whether or not to prosecute the alleged criminals Jaimito Candido da Costa, the coordinator of the Chega! dissemination team said that he is hopeful Monteiro will bring the 114 perpetrators before justice in a timely manner.
“In late May people from the serious crimes unit came to CAVR and we provided them with information about these 114 cases,” da Costa said. “Monteiro told me the reason why many of the serious crimes cases had not yet been prosecuted was because the serious crimes unit was not operating. But now it is back up and running, the cases would be opened and investigations would begin.”
Da Costa said trials would not only provide closure for the victims and the families of victims, but for the perpetrators as well.
“We have had the perpetrators come to us at CAVR and ask about their trial,” he said. “They are ready to go to trial, but they are confused why it's taken so long. They just want to know if they'll be found guilty or notthey want to be free of doubt.”
The Chega! report recommends that the serious crimes unit have its resources increased and mandate extended so that it can investigate cases from throughout the period 1975 – 1999. It also recommends investigation of a number of cases of critical importance due to the scale and nature of the human rights violations that took place. These cases include the incarceration of civilians on Atauro Island during the 1980’s and the 1991 Santa Cruz massacre.
Chega! is Portuguese for “enough” and the report details the human rights abuses which occurred in Timor Leste from 25 April 1974- 25 October 1999. The report was released in 2005.
For more information call Jaimito Candido da Costa, 723-4916
Media Team Post-CAVR Technical Secretariat (STP-CAVR)
From East Timor Legal Information Site
Extract from United Nations Integrated Mission in Timor-Leste Human Rights and Transitional Justice Section Report on human rights developments in Timor-Leste August 2006 – August 2007
Since August 2006, important progress on the human rights situation in Timor-Leste has been achieved. With the assistance of police of the United Nations Integrated Mission in Timor-Leste (UNMIT) and the international security forces (ISF), the security situation has largely been brought under control, although occasional spikes of violence still occur as was the case in August 2007. In three peaceful election rounds widely regarded as free and fair, the Timorese chose a new president and new parliament.
The Timor-Leste Office of the Provedor for Human Rights and Justice (PDHJ) expanded its monitoring and investigative activities, and several national prosecutors, judges and public defenders were sworn in, thus enhancing the capacity of the judiciary. In accordance with the recommendations of the United Nations Independent Special Commission of Inquiry for Timor-Leste (CoI), judicial processes were initiated against former members of the Government of Timor-Leste and national military and police involved in the 2006 crisis. UNMIT re-established the Serious Crimes Investigation Team to investigate outstanding cases of serious human rights violations committed in 1999.
The first IDPs have moved from crowded camps to transitional shelters and the districts. In the meantime, the Government submitted its first treaty report on the Convention of the Rights of the Child (CRC) and is finalizing its first report on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). President Jose Ramos-Horta and government officials have re-affirmed Timor-Leste’s commitment to human rights and democratic governance.
In spite of these significant developments, however, important human rights challenges remain. The alarmingly high number of internally displaced persons who still live in makeshift camps and the absence of progress towards durable solutions are of concern. Gender-based violence is common and a draft domestic violence law has been pending for several years. The Human Rights and Transitional Justice Section (HRTJS) has found that violations of human rights by state actors still occur and that there is an urgent need to strengthen internal accountability mechanisms, such as the national police’s Ethics and Discipline Office (EDO). Effective access to justice is constrained as the judicial system remains weak, particularly in the districts.
A considerable backlog of pending cases further hampers the work of the courts, impacting negatively on the right of victims to legal remedy. No legal mechanisms are in place to address property disputes, such as a law on land and property rights, which is also a serious obstacle to resolving internal displacement. Serious cases of political bias compromising the impartiality of the police force were noted. There were initiatives for the adoption of amnesty legislation in relation to crimes committed during the period April 2006 to April 2007 including the 2006 crisis, which risked fostering impunity.
Meanwhile, no progress has been made on implementing the recommendations of the 2005 report of the Commission of Reception, Truth and Reconciliation (CAVR) on human rights violations between 1974 and 1999, whereas the Commission on Truth and Friendship between Timor-Leste and Indonesia continued functioning on the basis of terms of reference which provide for the possibility of recommending amnesties that are incompatible with international law.
Judicial System Monitoring Program Press Release 20 June 2008
This last week has seen the release of convicted militia leader Joni Marques, and others, from Dili’s Becora prison.
Following Timor-Leste’s first trial for crimes against humanity, in 2001, Marques was sentenced to 33 years 4 months jail. Marques led the Team Alpha militia who, in 1999, conducted attacks on civilians in the Lospalos area.
Militia members themselves testified they conducted a violent intimidation campaign prior to independence. Marques’ crimes include torture and several murders, including those of a group of priests and nuns.
“On any reading of the law, this liberal treatment of Marques and his fellow militiamen appears unorthodox. The freedom of such perpetrators may bring into question Timor-Leste’s international human rights commitments. However laudable in spirit, attempts to move on from the country’s legacy of violence must not outweigh the rule of law,” said Timotio de Deus, JSMP’s Director.
At a 2007 hearing of the Truth and Friendship Commission, Marques repeated his admission of militia involvement. All remaining detainees from Timor’s crimes against humanity trials were recently granted clemency.
Under the broad terms of a Presidential decree, many of these sentences, including Marques’, were halved. In 2004, previous clemency measures under then President Gusmão reduced his sentence to 25 years.
On 13 June 2008, a court order granting parole, or conditional release, allowed this criminal to walk free. Even given deductions for pre-trial detention and early release under penal procedure, this looks premature.
A generous calculation of Marques’ time served, from his capture in 1999, would see him out of jail next year. Parole may, however, be granted to certain longstanding inmates who have displayed good prison behaviour.
By any reasonable standard, Marques, who escaped briefly in 2006, ought surely to be excluded under this condition. A ‘good prison behaviour’ proviso also applies to the clemency measures on which Marques’ release is based.
JSMP has learned that conditional release has now been granted to others convicted of crimes against humanity. Among those reportedly released are Marques’ co-accused Paolo and João da Costa, and former Sakunar militia member Mateus Lao. The court would not comment on the rationale for these releases. JSMP has applied for copies of relevant warrants.
For further information or media interviews please contact: Timotio de Deus Director, JSMP Email: timotio@jsmp.minihub.org Land line: +670 3323883 Mobile Phone : +670 7292909
