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Global media groups call on Timor Leste PM to drop defamation case

Joint Statement - April 22, 2016

• Timor Leste prosecution proceeds with investigation into defamation case – International Federation oJournalists Statement. April 12, 2016
• Timor-Leste launches United Nations compulsory conciliation proceedings on maritime boundaries with Australia – Timor Leste Government Press Release. April 11, 2016
• Statements to the Australian and East Timor governments on fair solution to the maritime boundary – MovemenAgainst the Occupation of the Timor Sea (MKOTT). March 22, 2016
• Protests around the world to say 'Hands Off Timor's Oil' – Timor Sea Justice Campaign Media Release. March 20, 2016
• Timor-Leste celebrates International Women's Day – Judicial System Monitoring Programme Press Release. March 8, 2016

Today, April 22, the IFJ, SEAJU, CPJ and Freedom House sent a letter to Timor Leste Prime Minister, Dr. Rui Maria de Araujo, relating to the criminal defamation case brought before Timor Post journalist, Oki Raimundos, former editor Lourenco Vicente Martins, and the Timor Post.

The case against Oki and the Timor Post is based on a published report from November 10, 2015, which contained a factual error on a government tendering process. In accordance with Timor Leste's own Press Law, the outlet subsequently published a correction and right of reply from the Prime Minister's office in relation to the story. In spite of this, you have filed a criminal defamation lawsuit that carries potential prison sentences against Oki, Vincente and Timor Post.

Oki and Martins were summoned to attend the office of the Prosecutor General on Monday 11 April. Appearing with their lawyers each faced separate 30 minute interviews. Both men relied on their right to silence, and each was given a 'letter' stating that neither could change his address nor travel overseas without giving the prosecutor 15 days' notice. The prosecutor will now decide whether to file an indictment or drop the charges. The time permitted for the prosecutor to gather evidence and to make a decision about remains unclear.

Australia Barrister and IFJ legal representative, Jim Nolan, was in Timor Leste on April 11 to support Oki and Martins. During his trip he met with various figures in the Timor Leste media. In a piece authored by Nolan, he said that, the prosecution must establish four conditions. Firstly, the publication of the 'accusation'. Secondly, at the time of publication, the journalist must be "aware of the falsity of the accusation," and thirdly, the accusation must concern the "commission of a crime" and fourthly, the publication must be made "with the intent of having criminal proceedings initiated against the person."

In the letter, IFJ, SEAJU, CPJ and Freedom House highlights the implications for the case for Timor Leste's press freedom, noting that such actions will weaken the view of the country's media freedom in the eyes of the international community.

The IFJ said: "We continue to support our local affiliates as well as Oki and Martins as they continue with this battle. The support of the international community highlights the importance of this case and the need to end criminal defamation as a tool to silence critics. We again, call on the Prime Minister to withdraw the case against Oki and Martins."

For further information contact IFJ Asia-Pacific on +61 2 9333 0946

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