JSMP Press
Release
FOR IMMEDIATE RELEASE
22 October 2003
Special Panels in Dili Finally Releases Illegal Detainee
Yesterday in Dili (21 October) the Special Panels for Serious Crimes ordered
the immediate release of Laurindo Vidigal from illegal detention,
following an habeas corpus application from the defence.
´
Mr. Vidigal had been detained since his arrest on on the 2 September 2003,
despite the fact that there was a formal request for his release from
the
prosecution on the 15 October. In addition, the initial order for a
thirty-day period of detention had already expired.
In the hearing
before the Investigating Judge on 5 September 2003, it was
decided to extend Mr Vidigal's detention for a further 30 days period,
even
though the prosecution expressed its view that there was no need to detain
him. Further, on the 15 October the prosecution requested the release
of Mr
Vidigal and informed the investigating judge that the case was dismissed
by
the prosecution for lack of evidence.
"This
is a blatant violation of basic human rights as no one should be
detained without a just cause. The East Timorese Transitional Rules of
Criminal Procedure, UNTAET Regulation 2000/25, clearly provide that the
Investigating Judge shall release the suspect if the case is dismissed.
JSMP
from the start could not identify any legal ground to maintain his
detention." - said JSMP
"It
is positive that this miscarriage of justice was remedied. However, this
should never have happened in the first place. In our monitoring, we have
encountered many shortcomings in the decisions of Investigating Judges
regarding pre-trial detention which amount to serious breaches of criminal
procedure rules and human rights guarantees. This is one more extreme
example." - continued JSMP
In the habeas
corpus hearing the defence also claimed compensation as
provided by law. The judge was of the opinion that there was not enough
information to decide on the amount for compensation and suggested a
separate civil claim.
"It
is important for people to be aware of their right to take an action
claiming compensation for illegal detention. Such claims could, in the
long
run, be an important tool to prevent future abuses of human rights."-
concluded JSMP
ENDS