Tilman: Defamation article violates Constitution

Speaking from his knowledge as a former lawyer, MP Manuel Tilman has declared that the Defamation Article in the Penal Code, if applied, will violate the Constitution, in particular the articles in the Constitution on Freedom of Expression and Press.

Freedom. He said that a journalist could receive three years in prison for saying the wrong thing, even in his/her capacity as a journalist. He stated that the Code has not yet been approved by the President, due to the issues surrounding this particular article, as well as one other. (Suara Timor Lorosae)

Timor-Leste and Indonesia Agreed on Malibaka Incident

The joint investigation team of Timor-Leste and Indonesia lead by Prosecutor General Longuinhos Monteiro in Timor-Leste and Gorris Mere, Major General of Indonesian Police (POLRI) on Friday, have signed a report regarding the Malibaka shooting incident that took place on 06 January. The two sides agreed on 4 points: that the Indonesians shot had crossed the border illegally into Timor-Leste; that the PNTL BPU shot and killed the Indonesians; that the shooting incident occurred in the territory of Timor-Leste and finally, that the case will go to Court based on the laws that exist in Timor-Leste.

Monteiro told journalists that the agreement was signed by Timor-Leste and Indonesia is not the finalized report. He said on 15 February, the Investigation Team from Timor-Leste will go to Bali (Indonesia) to meet its counterpart to finalize the report prior to the President Xanana Gusmão's visit there on 17 February to meet with Susilo Bambang Yudhoyono. He added that the Malibaka case will not be a topic of discussion during the
meeting of the two States heads. (STL, TP)

Church condemns Oecussi rape

The Bishop of Baucau Diocese Basilio do Nascimento has strongly criticized the Indonesian soldiers who are accused of raping Timorese woman from Oecussi District in the border region last 11 January. Referring to the Fifth Commandment that states that one must not kill or commit evil, the Bishop said that the Catholic Church clearly cannot ever accept such behaviour.

According to Bishop Nascimento, the perpetrator must be brought to justice in a conventional manner, according to the law.

(Suara Timor Lorosae)

The penal code violates the spirit of Timor-Leste's Constitution

The President of the Association of Lawyers for Timor-Leste (AATL), Mr. Benevides Coreia Barros, stated that the proposed penal code law which will be implemented soon, violates the spirit of Timor-Leste's Constitution as has already been highlighted in article 40 and 41 expressing freedom of press. Barros told media on Monday that this law is too harsh for journalists and cites an example that if a journalist captures or obtains information concerning individuals in positions of power, such information can be misinterpreted thus leading to charges
of defamation being filed against the journalist in question. He added that if this law is approved it will be difficult
for the media to do their jobs freely.

He further said, based on AATL's point of view, some clauses on defamation endorsed by RDTL's Parliament have not been obeyed. These include, among others, the declaration on human rights, rights of civil politics, forbidding torture, discrimination against women and children. He also revealed that if the law on defamation is implemented, it would contradict what has already been ratified by the National Parliament.
(Timor Post)

Wednesday, 15 February 2006

Prosecutor Request Information from PD Leader

President of Partido Democrático (PD), Fernando "Lasama" de Araújo was called to the Prosecutor General's office on Tuesday for an enquiry on alleged defamation accusations against Prime Minister Mari Alkatiri. Four
lawyers, his family and about 60 party members accompanied Araújo, according to the media. Following the investigation process which lasted almost two hours, the President of PD reportedly said "the legal case
regarding this matter has been handed over to my four lawyers, Vital dos Santos, Benevides Correia Barros, Napoleão da Silva Soares and Pedro Aparício de Oliveira. But I would like to emphasize that I came here to
obey the law, because we want the laws to be implemented correctly in this nation. The laws are above us and I must follow them". He added that the current defamation law use against him is considered illegal and no longer
valid in Timor-Leste. Lasama said, "First, I appeal to PD and then the population of Timor-Leste, we must be united to defend what is considered a right. This defamation law I think is illegal in Timor-Leste and no longer
valid that's why PD is against it". Fernando "Lasama" Araújo has been accused of defamation due to bribery allegations he made against Prime Minister Alkatiri. (Timor Post, Suara Timor Lorosae, Dairio Nasional)

UNTL's Graduation deferred

The planned graduation at National University, UNTL, has reportedly been deferred. Speaking to journalists, UNTL's rector, DR. Benjamin Cortereal said that the delay was due to the legal basis for graduation, which is
likely to be approved soon. (Radio Television Timor Leste)

END