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Open Letter to President Jose Ramos-Horta on impunity and rights violations
FORUM-ASIA Press Statement - June 21, 2007
(Bangkok) FORUM-ASIA, writes to Jose Ramos-Horta, the new president of Timor Leste, to remind him of the pending issues of impunity on violations of human rights that have occurred in the country also known as East Timor. Swift and immediate resolution of this matter is urged.
According to the new amnesty law recently passed by the National Parliament, offering clemency for certain crimes/misdemeanors (Lei Sobre a Verdade e Medidas de Clemencia para Diversas Infraccoes) committed between 20 April 2006 and 30 April this year, offenders would either receive pardon or get reduced prison terms for "good behavior". This term is not only vague in nature but also contravenes with international human rights law and poses a serious blow to the judicial system.
FORUM-ASIA reiterate that should Ramos-Horta go ahead with promulgating the new amnesty law, within 30 days from the date of its approval, it will contradict with his election campaign promise to improve the judicial and security sectors, which were badly affected by last year's unrest. The present situation of the internally displaced persons (IDPs) is urgently in need of attention and we urge the government to take full interest in the livelihoods of the people.
On the regional front, Ramos-Horta chose Indonesia as his first country working visit and agrees with President Susilo Bambang Yudhoyono to extend the mandate of the Commission of Truth and Friendship (CTF, Komisi Kebenaran dan Persahabatan) among other issues discussed such as trade, culture and border demarcation. Both presidents agreed to grant amnesty for perpetrators of crimes against humanity on the condition that they make a public confession to the Commission which was co-established in December 2004 in response to the 1999 referendum.
Anselmo Lee of FORUM-ASIA said "This does not seem to be a constructive option with regards to the promotion of reconciliation and the rule of law when impunity acutely undermines the justice system." He continued, "The victims of violence, who have put their trust on him has long been denied access to justice much less reparation and compensation."
Referring to Ramos-Horta's public statement shortly after the official announcement of the Presidential elections result on 11 May 2007; "I will do my best not to fail the people who have voted for me, and not lose their trust, and lose sight of their aspirations."
FORUM-ASIA would finally like to extend its appreciation of the country's electoral authorities for ensuring the protection of voter's rights and maintaining their integrity and independence throughout the election period, which many international observers pronounced as free and fair. FORUM-ASIA would like to congratulate Ramos-Horta and the people of Timor Leste for choosing democratic means to meet the international standard of human rights and hope that he will keep his promise and maintain the status as an independent leader.
A luta continua,
Anselmo Lee
Executive Director
For more information, please contact:
Open letter to President Jose Ramos-Horta of Timor Leste
The Honorable Jose Ramos-Horta
President of Republic Democratic
of Timor Leste
Palacio Das Cinzas,
Dili, Timor Leste
Email: presidente-tl@easttimor.minihub.org
Your Excellency,
FORUM-ASIA writes to congratulate you for your victory in the Presidential elections and takes this opportunity to draw your attention to the pending issue of impunity on violations against democracy and the rule of law in your country. This matter requires urgent and immediate action if Timor Leste is to successfully embarks upon the path to democratisation.
FORUM-ASIA is concerned about the new amnesty law that has recently been passed by the Parliament, which offers clemency to offenders. According to a news report [1], the law would pardon or reduce the sentences of an unspecified number of prisoners who committed offences between 20 April 2006 and 30 April this year. We also acknowledge that you have sought the opinion of a legal adviser and that the Court of Appeal may decide on the constitutionality of this legislature.
If this law is put into effect, it will contradict initial election campaign promises made by yourself to improve the judicial and security sectors, which were badly affected by last year's unrest. The present situation of the internally displaced persons (IDPs) is urgently in need of attention and we urge the new government of Timor Leste to take full interest in their livelihoods rather than giving amnesty to those found committing crimes against state security, firearms offences, theft, property damage under $10,000 etc. Amnesties would only delay the due process of law and create further frustration.
In our opinion, the new amnesty law does not seem to be a constructive option with regards to the promotion of reconciliation and the rule of law, when impunity acutely undermines the justice system. The victims of violence, many of which cast their ballots in your favour, are being denied their quest for justice, reparation and compensation. On 11 May 2007, you stated: "I will do my best not to fail the people who have voted for me, and not lose their trust, and lose sight of their aspirations."
In relation to your recent working visit to Indonesia, President Susilo Bambang Yudhoyono and yourself agreed to extend the mandate of the Commission of Truth and Friendship (CTF, Komisi Kebenaran dan Persahabatan). The aim of the CTF, which both governments set-up, is to establish the conclusive truth related to the 1999 referendum, to allow a thorough process of collecting testimonies to investigate human rights violation in 1999 and also to exonerate perpetrators of human rights violations from prosecution for crimes against humanity through amnesty on condition that they make a confession.
As a person who is very familiar with the UN mechanism and one who was the voice of the struggling Timorese for decades, you must be aware of the UN-backed Commission for Reception, Truth and Reconciliation (CAVR) that not only recommends Timor Leste to prosecute all the perpetrators of the crimes against humanity but to accomplish nation-building with a high respect for the rule of law.
Finally, we would like to extend our appreciation of the country's electoral authorities for ensuring the protection of voter's rights and maintaining their integrity and independence throughout the election period. Once again, FORUM-ASIA congratulates the President and the people of Timor Leste for choosing democratic means to meet the international standard of human rights and hope that your status as an independent leader is maintained.
A luta continua,
Anselmo Lee
Executive Director
Cc:
Dr. Domingos Maria Sarmento
Minister of Justice
Mr. Claudio de Jesus Ximenes
The President of the Court
of Appeal
See also: