Press Release

Women Groups Seek Justice For Victims Of Alleged Police Corruption, Violence, Rape And Bribery

Wednesday 2 June Dili East Timor

A serious case involving severe allegations of criminal police misconduct occurred on 10 May 2004 in Taci Tolu. A woman reported to be eighteen-years old has alleged that she was threatened by up to nine PNTL officers at gunpoint and forced to ride with them in their car to the police training ground. She further alleges that the police officers then proceeded to sexually assault her. Although the victim is presently in a safe house, she reports having been threatened by the accused officers since coming forward with her allegations.

The advocacy group, “Legal Aid for Women” which is composed of members of Parliament, the government, local and international NGOs, United Nations organizations, the Catholic church and local schools, believes this case must be thoroughly investigated and that suspects who may threaten the safety of the victim or have access to evidence in the case should remain in detention throughout the course of the investigation.

Legal Aid for Women is concerned that if this case is not dealt with swiftly, thoroughly and judiciously, the victim will only be further injured by the formal justice sector and PNTL officers may learn the dangerous and incorrect lesson that they can commit crimes against women with impunity. Legal Aid for Women believes that men and women in Timor will be negatively affected by crimes committed by public employees against women without thorough investigations and full trials. Legal Aid for Women also calls for the government to form an independent inquiry panel into police procedures and misconduct.

Indeed, throughout three days of hearing at Dili District Court, at times up to eighty PNTL officers and UIR officers have clogged the halls and entry of the court, fully armed and in uniform. Legal Aid for Women calls for the PNTL Commissioner to compel his police officers to return to their work assignments and to discontinue loitering at the Dili District Court. Though courts are accessible to the public, sexual assault hearings are closed hearings and there is no ascertainable legitimate purpose for the officers to be passing time at Court. In fact, the presence of so many police officers is potentially traumatic and intimidating to the Timorese woman who has been brave enough to come to court seeking justice.

Procedural History and Abnormalities of the Case

The suspects in the case, who were reportedly apprehended on Friday, 28 May 2004, were scheduled for their pre-trial detention hearings, as provided under UNTAET regulation 25/2001 after 72 hours of detention, at Dili District Court on Monday morning, 31 May 2004. The prosecution claims it was only provided with the facts of the case investigation for the first time on the day of the hearing. Legal Aid for Women notes that this is unacceptable, and that with a case of such severe gravity, the PNTL should have included the prosecutor in the investigation at the earliest phase possible.

After a series of delays, the Court held a meeting and then a hearing on Monday, but the investigating judge did not reach a verdict. Instead, the investigating judge postponed further action regarding the detention until Tuesday, 1 June 2004. Although the judge did not make a finding regarding whether the suspects should be detained during the hearing, the nine suspects were released on the condition that they return on Tuesday, 1 June 2004 for a continued hearing at 9:00 a.m.

However, Legal Aid for Women learned that high-ranking members of government intervened in the case and mobilized the police on Monday night, 31 May 2004, in order to re-arrest the suspects and imprison them pending their hearing this morning. This was done without an order from the court, which is not permissible. Constitutionally forbidden interference from political figures only further undermines the victim’s opportunity to receive a fair trial for the serious sexual assault she says she suffered. Legal Aid for Women notes that procedural irregularities in this case hampered, rather than further the interests of justice, and have shifted the focus unjustifiably from the victim to the suspects.

The 1 June 2004 hearing in fact convened at 14:55 p.m. and continued to 19:00 p.m. on Tuesday. The suspects were released at the end of the hearing, and instructed to return to court for a hearing the following day, and this time there was no arrest of the suspects. Hearings continued today, Wednesday, 2 June 2004.

Legal Aid for Women notes that throughout the course of the closed hearings, despite the overwhelming presence of numbers of armed and uniformed police, crowds of spectators have been permitted to congregate outside glass doors and windows and stare at the proceedings. On 1 and 2 June, as the victim was leaving the court she was harassed and verbally abused by the crowds of people surrounding the court.

Call for Independent Inquiry and Balanced Media Coverage

In addition to proceeding swiftly in the justice sector, Legal Aid for Women calls for an independent inquiry into policing, police procedures and reforms in the police force to investigate the allegations of bribery and corruption related to this case. Serious systemic problems highlighted by this case need to be addressed directly. Legal Aid for Women recommends that under the democratic separation of powers in Timor-Leste, the appropriate role for government officials is to appoint a panel for an independent inquiry, not to override the interlocutory decisions of the judiciary.

In addition, to date, the press has failed to secure an interview with the victim or her supporters or representatives to report on her perspective on the case. Rather, the defense counsel and families of the suspects have commandeered media attention to the exclusion of the voice of this wronged woman.

Legal Aid for Women was founded in April 2004 by Alola Foundation and JSMP, with Fokupers, as a result of the overwhelming support for JSMP’s report on “Women in the Formal Justice Sector”. Legal Aid for Women will have its next meeting on 20 July 2004. Interested participants are welcome. If you are interested in further supporting Legal Aid for Women’s advocacy ef