ETLJ 2009 6 Witchcraft and Murder in East Timor - In staunchly Catholic East Timor, it is anomalous that there persists a strong belief in witchcraft. In September, 2000, this first came to focus the attention of the judicial system when four men were tried for allegedly torturing and killing an elderly woman accused of witchcraft.
The facts of that case came to light in the court in Baucau, East Timor's second largest city. A 62-year-old woman was murdered in the easternmost region of Los Palos in December, 1999. According to the prosecution, the woman was tortured and left for dead by four men after having been accused of killing children by witchcraft.
In January, 2008, three women accused of being witches were killed and burned along with their house in East Timor. The three women, aged 70, 50 and about 25, were killed in Liquica, about 40km west of the capital Dili. They were Bui-dau, 70, Flora, 50, and another (unidentified) woman about 25 years old. They had been accused of being witches and were attacked by unknown people.
As recently as May, 2009, the issue of witchcraft hit the nation's headlines once again with East Timor's national broadcaster, RTTL, reporting that the East Timor National Police Deputy Commander Inspector Afonso de Jesus had called on residents in the capital Dili not to believe in rumor-mongering that there was a witch named Margareta flying around the city. Read the full article on East Timor Law Journal
East Timor Law Journal - Towards the rule of law in Timor-Leste!
Witchcraft and Murder in East Timor
Land Policy in East Timor - The Cart before the Horse
ETLJB SYDNEY 2 May 2009 - Who are the lawful owners of this valuable agricultural land in Aileu, East Timor? The government seems intent on finding out who owns the land in East Timor without there being the sound foundations of a reformed land law or land right registration decree law. (see also the following posts in this blog: Government to start land data collection in Liquica and Manatuto, East Timor Nationwide land data collection to start in East Timor and East Timor Ministry of Justice & DNTPSC Launch National Property Cadastre)
The question that arises is why should the government proceed in such an exercise before there is legal clarity about the status of the 40000 odd land rights (over most of the most valuable land in East Timor) created during the Indonesian occupation, or about the abolition of the Portuguese land rights created during the colonial period, or, even, indeed, about the status of land rights that exist over most of the national territory by virtue of local customary law.
The data collection program seems to be an odd approach based on a misinformed policy. It ought to have been preceded by a comprehensive land law that resolved the legal problems and one that provided for a proper process for land right ownership determination and recording that incorporated the judicial system in the event of disputes and conflicts - frequent and violent occurrences in East Timor's cities and the countryside.
The data collection exercises bring no clarity or certainty to the legal ownership of land in East Timor. This program is not being conducted in accordance with the conventional land right registration policies and laws. There was already a national claims registration process some years ago. It is a shame that so much money and resources are being consumed in this way. It will be a greater shame if it results in the unjust entrenchment of unverified claims and that carries the risk of further disintegration in the social relations in East Timor that relate to land.
From East Timor Law and Justice Bulletin
ETLJ 2009 5 Criminal Defamation in East Timor - A Miscarriage of Justice
East Timor Law Journal 18 April 2009 - According to a report by the East Timor Judicial System Monitoring Program, on 15 June 2007, the Dili District Court sentenced Antonio Aitahan Matak to conditional release in a defamation case that occurred in 2004. The hearing was conducted by a single judge, Maria das Dores (international judge). The prosecution unit was represented by Felismino Cardoso (international prosecutor) and the defendant was represented by his legal counsel Paulo dos Remedies and Nelson de Carvalho (independent lawyer).
The defendant was found guilty by the court for damaging the good name of the East Timor Police Force (the Bobonaro District Police) in 2004 in relation to the shooting of 2 members of CPD-RDTL by a member of the Bobonaro District Police. The two victims were shot dead in 2004 but their remains were never found. At that time, the defendant held a press conference and claimed that the Bobonaro District Police had shot the two victims.
For the criminal act described above, the Court sentenced the defendant to 8 months of house arrest with the condition that he not engage in any kind of criminal action in violation of the applicable law of Timor Leste during that period. If he is found to commit any such criminal action during the prescribed period, he will automatically serve one year of imprisonment and will be prosecuted for the additional offence.
In her decision the judge stated that it had been legitimately and convincingly established that the defendant committed the criminal act of damage to reputation in violation of Article 220 and Article 310 of the Indonesian Penal Code. Read the full article on East Timor Law Journal
Defamation - a Crime or Not in Timor-Leste? A Legal Analysis
Note: This is an English translation of an article written by an East Timorese lawyer in Tetum. The author did not wish to be identified. The English translation has been edited by the editor of the East Timor Law Journal. Click here to read the original Tetum text.
Introduction
Defamation was confirmed as a criminal offence in Timor Leste in 2003 in the case of a non-national versus Suara Timor Lorosa'e (a leading daily newspaper) where the court decided in favor of the non national. As a consequence, STL had to pay a lot of money to that person. This issue was also debated when the previous government tried to criminalise defamation through a draft of a new Penal Code that up to this day continues to be a “draft” waiting to be approved in the coming months.
At that time everybody, civil societies, academics, Catholic Church and some international organisations did not agree with the plan of the previous government to criminalize defamation. That is why the President of the Republic (current Prime minister) invited everybody including the Judges of the Court of Appeal to an open discussion or debate on Televizaun Timor Leste (TVTL) and as a result the draft Penal Code is still pending (Thank God!). Read the full article on East Timor Law Journal.
Timor-Leste: the curious case of the fake policemen
2009 ETLJ 2 Timor-Leste: the curious case of the fake policemen Bu V. E. Wilson 13 February 2009
In less than a week the Security Council in New York will be debating the United Nations Integrated Mission in Timor-Leste (UNMIT) mandate which is due to expire on 26 February. Although everyday security in Timor is greatly improved since the unraveling of law, order and the security institutions in 2006, the Timorese police (PNTL) are weak, unaccountable and factionalised and there is little doubt that the current mandate will be renewed with few amendments. The current UNMIT mandate gives responsibility to the UN to, among other things, assist with the further training, institutional development and strengthening of the PNTL and the Ministry of Interior; as well as to assist the Government of Timor-Leste (GoTL) to conduct a comprehensive review of the security sector including the army (the F-FDTL), the PNTL, the Ministry of Interior and the Ministry of Defence.
There is, however, an elephant in the room. On 9 December 2008, in a little publicised Court of Appeal decision in Timor-Leste , a finding against defendant Adérito da Costa Ximenes Neto, Interim PNTL Commander Baucau was overturned. Neto had been convicted, on 14 October 2008, of committing a false identity crime punishable pursuant to article 228 of the Penal Code. He was sentenced to six months imprisonment, suspended for a period of 12 months.
Read the full article...
