Upload Foun Husi Tempo Semanal // New Uploads from Tempo Semanal

Foin daduak, Tempo Semanal "upload" Edisaun 143 to'o Edisaun 149

Tempo Semanal has just uploaded Editions 143 to Editions 149

# Edisaun 149 // 27 Julho 2009
# Edisaun 148 // 20 Julho 2009
# Edisaun 147 // 12 Julho 2009
# Edisaun 146 // 6 Julho 2009
# Edisaun 145 // 29 Junho 2009

Horta Threatens to Resign: Parliament Surrenders

President Ramos-Horta enjoying the street life of New York city during the 2008 meeting of the United Nations General Assembly September 2008. Joined by Lisa Reefke of the UN Department of Peacekeeping Affairs.


President Jose Ramos-Horta has threatened to resigned from his post after yesterday' vote in the National Parliament of Timor-leste which barred him from official travel to New York.

Yesterday 10 MPs voted against and 16 for his request to travel while 3 abstained. President Ramos-Horta responded by threatening to resign within 24 hours. He gave them a deadline of 1700 today for the MPs to change their votes. At 1727 today Parliament acted as a rubber stamp
and voted for him to travel 31 for, 10 against and 5 abstentions.

President Ramos-Horta met with foreign representatives in his palace to inform of them his intentions.

"Seeing as yesterday Parliament over stepped their consitutional competencies and have intefered in the working of the Presidency I will take a stand." said President Ramos-Horta in a press conference this evening.

He is now satisfied with the vote and after the Parliament reviewed its position. But the debate in Parliament was very hot. FRETILIN MPs were split on the issue while AMP MPS voted en masse to rubber stamp the process.

PUN Leader and MP Fernanda Borges said right now timor leste is facing an institutional crisis. "we in this Parliament have established a bad precedent for the future and we are not being mindful of the people's aspirations to have truth and justice."

Ms. Borges was in Suai yesterday to participate in the tenth anniversary of the Suai Church massacre for which there has yet been no justice - despite the fact one the perpeprators was captured and then released.

"However Mr. President and Prime Minister violated the constitution to released people from prison on their instructions despite the fact they do not have the Consitutional right to do it.

This is the reason this parliament voted the way it did yesterday. This is a protest vote to open our eyes." she continued that, "if we are truly a democratic state and not a disctatorship of Mr. Ramos Horta or Mr. Gusmao means we must demand the resignation of the two. And not that the President should threaten to resign."

Horta says that under the consitution he is responsible to the Prime Minister and not to the Parliament. He claimed that Parliament should have called upon the Prime Minister to explain Government policy rather than playing politics with the Presidency.

Horta Refused Permission to Travel: Parliament Votes Against Impunity

In an apparent vote against President Ramos-Horta's position of justice for past crimes against humanity, in addition to his possible role in the release of Maternus Bere Timor-Leste's National Parliament has voted against allowing President Horta permission to travel abroad.

Following up on general unrest in Timorese civil society against the release on 30 August 2009 of alleged war criminal Martenus Bere, by the Government of Timor-Leste, Parliament has voted against Horta's proposed visit to the United States to attend the meeting of the United Nations General Assembly this month.

Parliament voted 18 against allowing Horta to leave the country, 16 for with 3 abstentions.

Parliament, including Opposition parties, and some members of the Governing AMP Coalition, have demanded that President Ramos-Horta explain his position in general and in regards to Maternus Bere in particular.

President Ramos-Horta has called for Timorese society to forget the past, but he has yet to convince Timorese society of the wisdom of this course of action.

Tempo Semanal and Jose Belo Awarded a Medal By President Ramos-Horta

TEMPO SEMANAL TV



Jose Belo and and Tempo Semanal been awarded medal by East Timor President Jose Ramos Horta in regard to their courageous work in the area of Journalism. President recognized the risk to award Jose Belo and Tempo Semanal because normally Politician don't like journalists whom always gave them a headache. But Horta in his remark says that if later Jose Belo and Tempo Semanal would target him in the future no problem.

Jose belo said the medal is for fellow Tempo Semanal journalists and appeal to them to be more serious in their work. "For me this is a challenge award and we have to prove to our readers that president awarded us correctly."

Tempo Semanal is poor weekly paper in Dili which is nationally distributed to all villages and schools in the rural areas. Tempo Semanal was sued by the Justice Minister in 2008 after it published allegations of Corruption, Nepotism and Collusion which involved the justice Minister Lucia Brandao Lobato. The Minister of justice alleged Jose Belo has defamed her by publishing the story and lodged a case of Criminal defamation against Jose Belo and Tempo Semanal. Jose Belo said he is ready to prove TS story before the court but seems like the Government and Minister are afraid to move on this case. "I have appeal to the two deputy PM to asked the minister of Justice to keep push the case a head so we have responsibility to prove our story or we have to be imprisoned." said Belo.

Maternus Bere and Alola - Legal Opinion

This is the legal opinion by Clinton Fernandes C.Fernandes@adfa.edu.au

Date: Mon, Sep 7, 2009 in response to the released of Martenus Bere by Government of East Timor.

Below is a legal opinion provided on the culpability of Martenus Bere in the abduction, rape and sexual enslavement of Juliana dos Santos, aka Alola (after whom the Alola Foundation is named).

Maternus Bere and Alola

The involvement of Maternus Bere in the Suai Church Massacre has been widely discussed. Less widely discussed is that Bere is also criminally responsible for the abduction, rape and sexual slavery of one of the better known names in East Timor – Juliana Dos Santos, also known as "Alola".

Maternus Bere was the commander (known as Danki) of one of five Laksaur militia sub-groups. His sub-group operated in Suai. Egidio Manek was the Danki of the Tilomar area sub-group. Both Bere and Manek – and the other Danki – had effective command and control of members in their subgroups.

Case number 09-2003 of the Special Panels for Serious Crimes documents how Egidio Manek, Maternus Bere and others in the Laksaur militia committed the Suai Church Massacre on 6^th September 1999. A brief summary from paras 228-237:

When members of the Laksaur militia arrived at the church, they surrounded the church compound along with the Indonesian military (TNI). They threw two grenades into the church compound and began firing. They entered the church compound and attacked the villagers who were hiding inside. During the attack, the TNI and members of the Laksaur Militia killed many civilians including women, children and three priests (Father Hilario Madeira, Father Francisco Soares and Father Tarsisius Dewanto). They killed between 27 and 200 civilians during the attack and injured many others. After the attack, Egidio Manek abducted Juliana Dos Santos aka Alola who was hiding at the Suai church at the material time and announced that Juliana would be his wife from that moment. Juliana was forcibly taken to West Timor.

Maternus Bere is also criminally responsible for the abduction, rape and sexual slavery of Alola.

The applicable law is contained in the statutes of all three international criminal tribunals (the International Criminal Tribunal for the Former Yugoslavia or ICTY, the International Criminal Tribunal for Rwanda or ICTR and the Special Court for Sierra Leone or SCSL). Paragraph 1 of the article common to all three statutes dealing with criminal participation refers to "[a] person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime … shall be individually responsible for the crime."

Egidio Manek is the person who directly committed the crime because his conduct falls within what the ICTY has described as "the direct personal or physical participation of the accused in the actual acts which constitute a crime"[1].

Maternus Bere is the person who participated in the crime by "aiding and abetting" Egidio Manek. Bere's conduct meets a qualitative and quantitative threshold because it had a "direct and substantial effect on the commission of the offence". His participation was substantial because "the criminal act most probably would not have occurred in the same way had not someone acted in the role that the accused had in fact assumed."[2]

Maternus Bere is an aider and abettor because he made a substantial contribution to the crime, which was committed both by Manek and by a plurality of persons, namely the other members of the Laksaur militia and the Indonesian military. Bere's assistance "does not need to constitute an indispensable element."[3] It is not necessary for Egidio Manek to be charged or convicted for Maternus Bere's liability to be established. It is well-established in law that prosecution of the principal offender may not have occurred. As the ICTR has noted, "all criminal systems provide that an accomplice may also be tried, even where the principal perpetrator of the crime has not been identified, or where, for any other reasons, guilt could not be proven."[4]

Bere did not even need to be physically present when the underlying crime was committed by Manek. A "relevant act of assistance may be geographically and temporally unconnected to the actual commission of the offence."[5]

Bere does not need to have shared Manek's plan or purpose to abduct, rape and enslave Alola, nor does he need to have shared Manek's criminal intent. According to the ICTY, "the principal may not even know about the accomplice's contribution". It is enough that Bere was aware that his action helped Manek in the commission of the crime, and intended to encourage such commission. All that is required for Intent to be shown is that Bere willingly did what he did.

For Awareness to be shown, it is not necessary that Bere be fully cognizant of the specificities of the crime that was committed by Manek, let alone of Manek's criminal intent. Bere is simply required to be aware of the risk that Manek might abduct, rape and enslave Alola. According to the Special Court for Sierra Leone, "the mens rea required for aiding and abetting is that the accused knew that his acts would assist the commission of the crime by the perpetrator or that he was aware of the substantial likelihood that his acts would assist the commission of a crime by the perpetrator."[6] According to the ICTY Trial Chamber, "it is not necessary that the aider and abettor should know the precise crime that was intended and which in the event was committed. If he is aware that one of a number of crimes will probably be committed, and one of those crimes is in fact committed, he has intended to facilitate the commission of that crime, and is as guilty as an aider and abettor."[7]

---

[1] Kordic et al (IT-95-14/2-T), Judgment, 26 February 2001, para 376.

[2] Tadic (IT-94-1-T), Opinion and Judgment, 7^th May 1997, para 688.

[3] Kvocka et al (IT-98-30/1-A), Judgment, 28 February 2005, para 90.

[4] Akayesu (ICTR-96-4-T), Judgment, 2^nd September 1998, para 530.

[5] Rutaganda (ICTR-96-3-T), Judgment and Sentence, 6^th December 1999, para 43.

[6] Brima et al, SCSL Trial Chamber, para 776.

[7] Furundzija, ICTY Trial Chamber, para 247.

Tempo Semanal Edisaun 155

PM Asina Sala Kontratu ho ETO

Silvério : "ne'e la'ós ami nia kulpa"

Dili, Tempo Semanál

Primeiru Ministru (PM) Kay Rala Xanana Gusmão iha senseriedade boot hodi es­tabelese no promove sis­t­e­ma akontabilidade no tr­a­n­sparente ne'ebé di'ak iha je­staun finansas estadu nian liu-liu iha prosesu ejekusaun orsamentu tenderizasaun.

Ma­ibé iha prosesu ida ne'e, Ministeriu Finansas liu husi Dir­esaun Nasional Ap­roviz­io­namentu tau iha ka­uza Pr­i­meiru Ministru ninia kre­di­bi­lidade tanba iha lo­ron 30/03/2009 diresa­un ida ne'e lo­ri PM ba asina sala kontr­a­tu fornesementu ko­m­bu­st­i­v­el ba kareta estadu nian, ta­nba iha dokumentu kontratu ha­kerek Silverio Pereira Ma­ubere husi,

Aitula Fuels ma­i­bé asinatura husi Nilton T. Gusmão dos Santos husi Es­peransa Timor Oan (ETO).

Kauza ida ne'e nia lalaok besik atu hanesan ho alegasaun PM asina ko­n­t­ratu sosa fos ba Zenilda Gusmão nu­dar PM nia oan feto, tanba Nilton Gu­smão mós hanesan PM nia subrinu. Nu­ne'e, asinatura PM iha dokum­en­t­us kontratu fornesementu komb­us­tivel ho kompania ETO, deskonfia mósu falsifikasaun tanba ETO uza ema no kompania seluk nia naran ho­di hetan aprovasaun kontratu forne­s­­ementu kombustivel ba kareta es­tadu husi PM.

Iha kauza ida ne'e mós, PM tau nia an iha risku tanba PM la haree didi'ak antes marka ninia asinatura iha sura tahan leten. Maibé, dala ruma asi­na­tura PM nian ho Nilton Gusmão nian la marka iha oras ho minutu hanesan. Karik PM asina uluk hafoin Nilton Gu­s­mão asina ikus iha oras balu nia la­r­an, tanba se karik PM ho Nilton Gus­mão asina iha oras ida deit no tur se oin ba malu iha meza ida, ne'e PM be­le kansela tanba PM asina kontratu ho Nilton Gusmão maibé iha dokum­e­ntus la hakerek Nilton Gusmão ho nia kompania nia naran maibé ha­kerek fali Silverio Pereira Maubere husi Aitula Fuels. Maibé se PM hatene momoos hela mas la halo inter­ve­ns­aun, entaun PM bele hasoru dala ida tan alegasaun publiku konaba hab­okur familia liu husi tend­er­izasaun.

Nune'e deskonfia prosesu ida ne'e ninia konteudu atu halai ba violasaun Lei Nú. 7/2007, Lei Estatutu dus Ti­t­ulares Orgaun Soberanu artigu 3 konaba Impedimentu Aplikaveis a Sosiedade, se karik Nilton Gusmão nia saham liu husi 10%. Tanba iha lei ne'e esplika klaru katak, ida empre­zas sira ne'ebé nia kapitál kaer husi titulár órgaun soberania liu 10%, hetan impedementu atu partisipa iha konkursu fornesimentu bens no servisu, halo knaar Komérsiu ka Indústria, liu husi kontratu ho estadu ho entidades publikas sira seluk.

rua alínea a), hateten, emprezas sira ne'ebé nia kapitál ho persentajen hanesan, ne'ebé nian feen ka la'en maka sai na'in ka haketak ema ho riku soin nia aman/inan no oan sira ho parentes kolatoral to'o 2 grau ho sira ne'ebé hela ho nia mós hetan impede­mentus. Iha alínea b) hateten, empreza sira ne'ebé nia kapitál/husi titulár órgaun, direta ka indireta husi nia mesak ka hamutuk ho familias ne'ebé refere iha alínea a), nia partisipasaun la ki'ik liu 10%.

Atu hatene Nilton Gusmão nia saham hira, jornalista tenta komfirma ho dir­es­a­un rejistu kompania husi Ministeriu Turismu Komersiu no Industria maibé diresaun ida ne'e la koopera didi'ak ho jornalista hodi fó sai dokumentus rejistu. Hahalok hanesan ne'e hatudu katak go­v­ernu laiha vontade atu kombate pek­adu KKN, maske governu tau nia an ha­nesan fundador anti KKN maibé KKN mó­su hanesan Kulat iha tempu udan.

Iha tinan hirak liuba, kompañia Belak Fuel sai nu'udar kompañia úniku ne'ebé fó asist­énsia fo­r­n­e­sem­entu mina ba tr­a­nsporte Es­tadu ni­an iha rai laran, ma­ibé iha tinan 2007 Go­v­e­rnu Ti­m­or Leste liu husi Min­is­t­ériu Fina­n­sas, Dire­s­aun Nas­i­onál Ser­b­isu De Ap­ro­­vi­zio­na­m­­entu lo­ke fila fali ko­nkursu públiku ba em­prezáriu Timor ne'ebé hakarak konkorre iha projetu ida ne'e.

Konkursu públiku ne'ebé partisipa husi kompañia lubuk ida maibé komp­a­ñia Aitula Fuels ho ETO mak sai ve­ns­edor. Ne'e duni bazeia ba akordu no re­z­u­ltadu konkursu ne'ebé iha hateten, kompañia rua ne'e mak hetan fiar husi go­vernu atu fornese mina ba kareta Es­tadu nian.

Maski agora daudaun kompañia Aitula Fuels ho ETO fornese hela mina ba karreta estadu nian, maibé iha do­k­u­m­entu kontinuasaun kontratu ETO ne'e­bé jornál ne'e hetan, hamósu duvida boot iha públiku liu-liu ba em­prezáriu Timor oan sira tanba surat kontratu ho No 01-06-20­08-C-40110 ne'ebé hakerek Diretór Aitula Fuels Silvério Pereira Mau Bere nia naran ma­ibé ninia asinatura uza fali Nilton Gusmão nian.

Diferensa naran no asina­tura ne'ebé hakerek iha surat kontratu No:RDTL -01-06-20­09­-C-40110 sai mós preok­up­asaun boot ba públiku, liu-liu ba emprezáriu Timor oan sira tanba kestaun ne'e hat­udu katak serbisu apro­vizion­am­entu seidauk profesional, nu­ne'e mós lei aprovizionamentu sei fraku tanba la iha ko­ntrola saun di'ak ba sis­tema serbisu aprovizi­onamentu nian.

Maski ema barak ak­uza katak sistema serb­isu aprovi­ziona­mentu nian la'o la loos, maibé tuir Dir­etór Nasional Apro­vezionamentu Fr­ancisco C. Soares katak, failansu ték­nik­u ne'e normál tan ne'e ba ema ne'­ebé kontra sistema serb­isu aprovi­ziona­me­ntu entaun nia la hat­ene prosesu tékniku admi­ni­st­rasaun.

Responde ba kest­a­un hirak ne'e, Te­rsa-fe­ira,1/09/09 iha edifísiu ko­mpañia Esperansa Timor Oan Sina Rate Ta­i­besi, Dili, Diretór Nilt­on T. Gu­smão dos Santos hateten, konku­rsu públiku hodi fornese mina ba karreta Governu ne'ebé hala'o iha ti­nan 2008 felizmente loke ba pú­b­l­i­ku no iha momentu ne'ebá kompañia lubuk ida mak hola parte mós iha konkursu refere, maibé bazeia ba desizaun no prosedimentu legál husi verifikasaun dokumentu hatudu katak kompañia Aitula Fuels ho Kompañia Esperansa Timor Oan mak manan tanba sira iha fasilidade ne'ebé kompletu atu fornese mina ba karreta governu nian.

Husu kona ba asinatura no naran ne'ebé ha­ke­rek iha surat ko­nt­r­atu nia lar­an ne­'e­bé di­ferente, Nilton ha­kt­uir, "Ha'u hanoin kontratu ne'e hala'o ba ko­mpañia rua, ida ba kompañia Sr Si­lvério nian no ida ba ami, soke naran ne­'e­bé hakerek iha surat ko­n­tratu rua ne'e sai ida de'it, ma­ibé ko­ntratu ne'e ha'u rasik mak asina la'ós ema seluk ne'e duni ha'u hanoin la iha indik­a­s­a­un manipulasaun maibé failansu tékniku de'it tanba ha'u asina fali iha Sr Silvério nia naran" esplika Nilton ho fiar an.

Tuir Nilton katak, surat kontratu ne'ebé Primeiru Ministru (PM) asina iha fulan kotuk liu ba, hanesan estensaun kontratu maibé kontratu 'induk' mak Ministra Finansas Emília Pires asina iha loron 26/05/08.

"Rezultadu konkursu hatudu katak kompañia Esperansa Timor oan no Aitula Fuels mak manan ne'e duni sira mak fornese mina ba karreta go­vernu nian, maibé iha momentu ne'ebá Governu fó períodu durante fulan 6 hanesan 'masa percobaan' mais tanba sira konsege hatudu rezultadu serbisu ne'ebé di'ak entaun Governu kontinua tan sira nia kontratu"

"kontinuasaun husi kontratu ne'ebé governu halo iha altura ne'eba, la'os ba ema ida de'it maibé kontratu ne'e ba ami na'in rua, ne'e duni iha mom­e­ntu ne'eba sira kala hakerek sala naran, mais tanba ha'u mós la repara buat hirak ne'e entaun ha'u mós asina tiha hafoin hare fali katak naran ne'ebé hakerek iha kontratu ne'e la lo­os". ha­s­ara Nilton.

Nilton hatutan, tanba surat kont­ratu iha rua, ne'e duni idak-idak hala'o ninia serbisu rasik, Aitula Fuels hala'o serbisu ho ninia kompañia rasik nune'e mós Esperansa Timor Oan, maibé soke de'it fahe zona serbisu nian.

"Ha'u sente la iha manipulasaun ba asuntu ida ne'e tanba kontestu husi manipulasaun ne'e la klaru". Nilton hatutan Kuandu ita atu ko'alia kona ba manipulasaun, entaun ita halo buat ida ho subar depois ita tenta atu manipula hodi bosok ema, maibé ha'u sente ita la subar buat ruma tanba buat hotu liu husi prosesu hormal no mós kompañia Esperansa Timor Oan nunka halo in­tervensaun iha prosesu tender

"ha'u nunka halo intervensaun ba prosesu tenderizasaun tanba ha'u fiar ha'u nia kapasidade ho kondisaun ba­zeia ba proposta ne'ebé ami hatama" reforsa Nilton hodi defende an husi ak­u­zasaun. Proposta no Bid Security ne'ebé ko­mpañia Esperansa Timor Oan aprez­e­nta iha konkursu ne'e ba tinan 5, maibé ba períodu primeiru Governu fó ko­ntratu fulan 6 tanba Governu hakarak ha­re sira nia proforma serbisu.

"Iha akordu ne'e hateten kuandu ami hatudu rezultadu serbisu ne'ebé di'ak konserteza kada tinan governu sei kontinua ami nia kontratu to'o ti­nan 5, maibé to'o dalan klaran mak go­vernu hare katak ami la hala'o serbisu ho di'ak otomatikamente governu sei hapara ami nia kontratu tanba go­v­e­rnu rasik lakohi ema atu halimar ho kontratu" Nilton konta tuir

Tuir informasaun ne'ebé jornál ne'e hetan husi diretór Kompañia Espera­nsa Timor Oan katak totál orsamentu ne'­ebé sira aprezenta iha konkursu nian kuaze US$8,000,000 ba tinan lima nian, maibé hare ba segundu kontratu ho períodu serbisu 01 Janeiru 2009 to'o 30 Dezembru 2009 (fulan 12) ne'ebé ho orsamentu US$­2,­0­0­0­,­000 sai duvida s ba públiku.

Bainhira jornalista TS hakat ba ed­i­fí­siu kompañia Aitula Fuels besik merkadu Komoro hodi husu kla­ri­f­ikasaun ba kestaun refere, maibé Di­retór kompañia Aitula Fuels Sil­v­ério Pereira Mau Bere hateten, "de­s­paxu ne'ebé hatún husi primeiru Ministru ha'u nia naran de'it mak iha, maibé iha momentu ne'ebá ko­mpañia rua mak manan tender, Kompañia ne'ebé hetan primeiru lugar mak Aitula Fuels no segundu lugar mak kompañia Esp­er­ansa Timor Oan mais bainhira surat de­spaxu ne'e tun mai ha'u nia naran mak iha hotu tan ne'e ha'u ba simu de'it ha'u nian depois ida fali sira apaga tiha Aitula tau fali ETO nia na­ran hafoin sira asina tiha ne'e duni ami sente la iha buat ida" haktuir Si­lvério

Tuir Silvério katak, kestaun ne'e la iha indikasaun manipulasaun maibé falénsia tékniku de'it tanba momentu ne'ebá husi nia parte rasik mak ba hala'o uluk asinatura iha loron 26/03/2009 depois Es­p­e­ransa Timor Oan ba asina iha lo­ron 30/03/09, "ma­ibé antes Nilton atu asina kontratu sira mós telefone ha'u hodi klarifika asuntu ida ne'e mais ha'u hateten ba sira katak la iha buat ida tanba falénsia tékniku" esklarese Silvério

Responde kona ba pergunta ne'ebé dehan katak karik iha uma ruma ne'ebé ma­nipula ita boot nia naran, maibé Silvério konfesa katak, nia parte la hatene kona ba ida ne'e tanba falénsia té­kniku ne'e la'ós husi sira no la'ós sira mak halo maibé ida ne'e mai husi té­kniku sira no sira mak kria.

Valór orsamentu ne'ebé Kompañia Aitula Fuels aprezenta iha konkursu, US$ 2,981,105 ba 13 distritu kada tinan no ba tinan 5 nian kuaze US$ 8 Juta resin.

Maski kompañia rua mak manan iha konkursu refere maibé kada kompañia hala'o ninia atividade tuir zona ne'ebé determina ona tan ne'e kompañia Es­p­e­r­ansa Timor Oan toma konta Distritu, La­utem, Baucau, Viqueque Manatutu, Oe­kusi, inklui Dili no mós kompañia Ai­tula Fuels toma konta Distritu, Aileu, Ai­naro, Same, Suia, Liquisa, Ermera, Ma­l­i­ana no mós Dili. Iha loron 02/09/09 Diretór Ap­r­o­v­i­zionamentu Francisco Burlaco ba jornál TS hateten, loos duni iha falénsia tékniku ba kontratu kompañia Espe­ra­nsa Timor Oan nian ne'ebé hakerek fali Kompañia Aitula nia naran, tan ne'e tuir nia katak la iha indikasaun mani­pu­la­s­aun ba kontratu tanba tuir loloos ko­n­tratu ne'e tau kompañia idak – idak na naran maibé tanba labarik sira hakerek sala tiha hodi tau hotu Aitula nia naran entaun hadi'a fila-fali de'it.

"Kestaun ne'e hanesan falénsia ték­niku de'it tan ne'e la iha impaktu no mós la implika ba prosesu orsamentu tanba naran ne'ebé hakerek sala iha kontratu ne'e ami hadi'a fali no la iha indikasaun manipulasaun" Francisco defende

Responde kona ba akuzasaun ne'­ebé dehan serbisu aprovizionamentu la iha kapasidade, maibé Francisco hateten, ita mós tenke komprende labarik sira tanba iha serbisu barak ne'e duni 'kesalahan' ne'e normál.

"Loos duni problema iha naran, ma­ibé kuantidade la hanesan tanba Aitula labele atu responsabilidade área refere tanba iha kontratu hatudu katak área ne'e Esperansa nian entaun Esp­eransa mak tenke asina tanba falénsia tékniku iha administrasaun normál tan ne'e ema ne'ebé halo ak­u­zasaun nia la hat­ene prosesu tékniku. "hanesan ohin ha'u hateten katak fa­lénsia tékniku ne'e normál tanba ke­s­alahan la'ós de'it iha na­ran maibé be­le mós ba iha kuan­ti­d­ade osan ne'ebé ita hakerek sala"hakotu Francisco.

Iha parte seluk, Emprezáriu Timor oan Rui Castro hateten, Bainhira ema ru­ma hakarak avansa ho kazu ida ne'e, ha'u bele dehan katak kestaun ne'e la'ós failansu admin­istr­asaun,maibé iha relasaun ho Lei tanba implika mós ba konstitusionál, nune'e mós pior liu ba­inhira ko'alia kona ba ema ne'ebe resp­on­savel ba asina kon­tratu ne'e duni la'ós failansu tékniku ta­nba atu asina kontr­atu ruma konserteza ita sei liu husi da­lan rua, ida mak liu husi prosesu normál no ida fali la liu husi prosesu normál (ilegál).

Dokumentu ne'e respons­ab­ilidade másimu iha aproviz­ionam­en­tu, ne'e duni bainhira atu entrega ko­ntratu ruma ba kontrator atu asina tenke fó hanoin ba malu para atu hadi'a se iha buat ruma ne'ebe la loos, la`'ós husik depois monu fali ba públiku nia liman. "Se kontratu ne'e konsege monu iha públiku nia liman signifika katak ema ne'ebe serbisu iha ap­r­ovizionamentu iha intensaun no hanoin aat atu estraga PM ninia Gover­nasaun tanba iha PM nia oin sira haraik an maibé iha kotuk PM hanoin buat seluk sira mós halo buat seluk" esplika Castro hodi defende PM.

"Ha'u hanoin la'ós foin kazu ida ne'e de'it mak akontese maibé iha mós kazu sira seluk ne'ebe envolve mós membru Governu barak". Castro halo kompar­as­aun ba ninia an katak se nia mak tuur iha aprovizionamentu kon­serteza 'tingdakan administrasaun sei la'o ba ema ne'ebe responsabiliza ko­nt­ratu nune'e mós Ministra Finansas tenke uza responsabiliza ba iha diretór jerál Francisco no mós diretór apro­vizionamentu nune'e mós PM tenke husu sira ninia responsabilidade.

"Ba ha'u kestaun ne'e hanesan te­ntativa ida ne'ebe hakarak hafo'er PM ni­nia naran tanba ema ne'ebe PM fó fiar hodi maneja prosesu kontratu la serbisu ho laran tan ne'e sira konsege manipula hodi oferese buat ne'ebe la loos ba PM asina" tenik Castro ho lian makas ba jornalista TS.

Castro hatutan katak, failansu ne'e la'ós husi kompañia tanba kontratu ne'e la'ós Nilton mak prepara tan ne'e buat ne'ebe atu investiga ne'e tenke in­vestiga ema ne'ebe prepara dokum­en­tu,liu-liu diretór ne'ebe respon­sa­biliza ba iha departamentu ne'ebe ag­ora nia asina kontra ba PM. "ko'alia kona ba 'saham' ne'ebe liu husi 10% la iha direitu atu hetan ko­ntratu, maibé Castro argumenta ka­t­ak,kuandu lei ida ne'e mak ita impl­e­m­enta duni en­taun kontratu ne'ebe halo iha governu Fretilín nian ilegál hotu tanba iha te­mpu Governu Fretilín nian Amat Alk­atiri (Belak Fual) mak Fornese kom­bustivel ba karreta Go­v­ernu durante tinan 3, maibe iha tempu ne'eba la iha ema ida kestiona ma­is tanba saida ita tenke kestiona ho Ni­lton nian", Hakotu Castro. (ts)

Xanana and Horta Dancing with Krisdayanti while Victims Crying for Justice

TEMPO SEMANAL TV

In the eve of 10th anniversary President Horta and PM Xanana danced with the Indonesian artist Krisdayanti to celebrate the Timor Referendum while the hero's family and some other people are still with aching hearts after the President called for backing off from justice for 1999 and during 24 years of Indonesian army illegal occupation in this country. The President with confidence told the media on 29/08/09 that, "If you went around with me, random around the country as I've done for many, many months across the country, meeting barefoot people all over the country, thousands of them, not one, not one raised the issues of 99, not one talk about putting Indonesians on trial."

Mr. Horta added that it is only a small number of human rights activists who are calling for an international tribunal to be set up. "And unlike many of them, these so-called international human rights groups and Timorese activists, I lost almost half of my brothers and sisters. And even myself I was almost killed dead," he said. "So I know what being a victim is. I know what is the pain of a mother who lost her children. I don't talk academic jargon."

But during the last three days victims and family of TNI victims gathering in the capital Dili to discuss the way to fight against their President. There were very hit debate on the three main issues such as the released of Marternus Berek, the President speech and the compensation or reparation for the victims as well demanding to Indonesian army to help them to find the remain of their loves one. "The statement of our head of state shows that he is preserving impunity in this country. This is very bad atittude. So I will not vote for him to be our President in 2012," said Flabio Magno from Ermera District who lost more then 40 person of his family members.

He goes on calling that President has lost his hearth to the hero of the country. "I am very angry with our president." While a survivor from 06 September Suai church massacre sad with the President statement. "I would like to asked Mr. President when did he came and talk to the victims," said the Suai survivor.

"I have been campaign for an international tribunal since 2000 but the president never came to meet us as you see here now," he added.

"For me President speak on his own name not on my behalf because I am very sad with him,"

East Timor President Shoots Down Justice

TEMPO SEMANAL TV

East Timor President Shoots Down Justice

The Timor Leste President Jose Ramos Horta reacted very strongly to the Amnesty International recommendation to establish an International Tribunal for East Timor human Rights violation in the Past. Dr. Ramos Horta in his address during 10th anniversary of Referendum said "No international Tribunal for East Timor."

This statement angered some of the people who has looking for justice for those suffered under the Indonesian forces. A day before the ceremony President Horta told a press conference in his office that, "Some academics seat in London, Canberra and New York wrote some reports."

Less the three hours after the Ceremony there was a demonstration held out site Timor Hotel calling for an International Tribunal including solidarity with other causes in the region. Three student were arrested by the Police and two Timorese photographer were beat up and these officer tryed to take and destroy the Reuters camera man's camera.

East Timor President appeal to Forget the Past

TEMPO SEMANAL TV

East Timor President appeal to Forget the Past Behin

On August 30th 1999 Timorese people went to the UN referendum polling stations all over the country to vote for their freedom from the 24 years of Indonesian military brutal occupations.

Some people estimated almost 200,000 Timorese were lost their lives during the independence struggle. Today its mark 10th anniversary on the referendum. The Timorese people are split in the issue of Justice. Some claims East Timor need a provper process to address the issue. Some other still demanding for the International Tribunal but the Timorese leaderships argued that the Timorese has starting forget the and accepting the Indonesian.

During this year ceremony were presence the Indonesian Foreign Minister Hasan Wirajudha, Australian Governor General, Ian Martin, former head of UNAMET whom represent UN Secretary General which may make Mr. Khare not feel good, former commander for Interfet Mr. Peter Cosgrove, The former Portugese President and UN Human Right commissioner. The Timorese President Jose Ramos Horta in his speech asked Indonesian to return the remain of Mr. Nicolao Lobato the East Timorese hero who was killed by Indonesian troops in 1979. Jose Ramos Horta also awarded medal for more then 50 people including East Timor Army force Commander, Ian Martin, Peter Cosgrove, Indonesian Human Rights Activists for East Timor independence, Former Portuguese Foreign Minister, The Ambulance driver who Saved President life on 11 february 2008, Mama Carmel, Jim Dunn, Max Stahl and local East Timorese Journalist Jose Belo.

Internet Exclusive Media war over Timor-Leste’s ‘Ricegate’

Media war over Timor-Leste's 'Ricegate'04/09/0

Opinion from Arsenio Bano MP, FRETILIN, +670 741 9505

Media Watch has been an outstanding source of advocating for the upholding of higher ethical and accountable media standards. I watch it whenever I visit Australia and it is aired.

I have had the benefit of reading the full transcript of the segment on "Ricegate".

I would like to raise some matters here that lead to some further inquiry, and which I venture to say might have lead to inquiry as the program was being researched in the lead up to its airing.

It is clear that MW has relied heavily on matters published in Tempo Semanal in early August 2009. Tempo Semanal is a weekly publication that is highly regarded my parliamentary colleagues and I, who are just some of its wide readership in Timor-Leste. It has been courageous and a leader in airing allegations of official corruption, nepotism and misconduct. It is generally loathed as has been consistently attacked by the government side in the National Parliament.

However, on the issue of the publication of the purported "commercial registration documents" for Prima Foods, it reported very cursorily on the documents in question. There was no real legal and or other critical analysis of the documents even on their own face. This made MW's reliance on the documents and the Tempo report as the basis for its criticism of Holland very untenable and unfair.

From my reading of the full text of the article in question, I only saw one mention of a 'resignation' as a shareholder and or director by Prime Minister Xanana Gusmao's daughter Zenilda. That was not by Tempo Semanal, but by Mr. Epifanio Faculto, from the government registry. Tempo Semanal even in its title asked the question 'Did Zenilda pull out?' Though the term 'resignation' was used by the business group that held a press conference in Dili in support of the Prime Minister on 1 July 2009.

Lets look at what the businessmen supporting Gusmao had to say, and how it was reported:

Julio Alvaro (translation): after she got information from the government which said that according to the procedures the daughter of the Prime Minister should not get any contracts, she submitted a letter of resignation to her colleagues in the same company.

Alison Caldwell: when asked for evidence to support the claims, the businessmen abruptly terminated the press conference.

— ABC, Australia Network News, 1st July, 2009

Note Mr. Alfaro said "submitted her letter of resignation to her colleagues in the company." The company never officially communicated a "resignation" and no "resignation" letter has ever been made public, an easy step to help convince us all of the purported resignation.

However, we note that the reporting by ABC was not just about Zenilda Gusmao, but also Kathleen Goncalves, wife of the Minister for Economy and Development Joao Goncalves and Carminda Carlota, the daughter in law of the Prime Minister. This seems to have all been by-passed by the attention given to the other issue. Those are serious legal questions also affecting the Prime Minister and other members of his government.

The documents published in Tempo Semanal as purported evidence of Zenilda Gusmao having resigned was the letter from the company's shareholders to the Minister on 12 September 2008.

The MW segment quoted shareholder Ms Rangel as having said she received the resignation letter herself. But this was not what she and 6 out of 8 of the shareholders formally stated in a signed letter to the Minister for Commerce, Industry and Tourism as being the reason for Zenilda Gusmao having allegedly severed her links with the company Prima Foods.

The letter adds that Ms Gusmao could no longer participate as a member of the company "because during this time she has not been active in the meetings or active in the activities of the company Prima Foods and we as company members of Prima Foods will buy Ms Zenilda E B Gusmao's shares…."

The published document communicates an "expulsion" from the company, not a "resignation", as claimed by Mr Julio Alvaro and Ms Rangel, or as relied upon by MW.

The authenticity of the documents is also in question.

Mr Fernando Hi has only been the director of Domestic Trade of the Ministry of Tourism, Commerce and Industry since January this year. The Director prior to January 2009 was Mr Epifanio Faculto, whose signature appears on the top right hand corner of the 11 September 2008 registration form.

As MW found, Mr Faculto is hard to contact. Perhaps this elusiveness is related to serious investigations in progress regarding Mr Faculto's alleged mismanagement and fraud involving the theft of large amounts of subsidized rice from the government warehouses.

Mr Hi can attest to the documents being there on the files now, but he cannot say that they are authentic to the extent of their timely lodgment or otherwise.

However, no "amended Certificate" for Prima Foods was issued for the remainder of 2008, as is usually the case, omitting Ms Gusmao's name, according to our investigations. It is hard to generate a company registration certificate because there is a wider group of people involved within the civil service and there is an electronic trail that is left behind.

When the Prime Minister returned from urgent medical treatment in Singapore for a back condition that flared up after these allegations surfaced, the Prime Minister held a media conference during which he had the opportunity to put the record straight. However, he not once mentioned a resignation by his daughter. He did challenge his critics, including the Opposition. Tempo Semanal reported part of his media conference as follow:

"They (The Business people) requested my daughter to put US$ 10,000.00 in the bank. In her company each shareholder had to invest US$10,000.00. Each had to submit US$10,000.00. I just want to ask them to understand a little bit more, that if my daughter used her social status, in brackets, then came to lobby me on behalf of other companies to supply (rice), and then she got some percentage in return, this means I have done wrong. This is a different case and for such conduct I will raise my hands (gesturing surrender)"................... said Xanana in a press conference at Dili Airport. He continued explaining the process of the rice contract. "The Government wanted all business people to participate and I told them I don't want to use a single person shareholder Company. If all of you (Business people) agree, that will mean for each company there will have to be a minimum joint venture of five people. All you business people gather yourselves, then we will decide. Now we have the economic stabilization fund for those who can import first (rice) with how many (tons) and take how many months, who will be bringing what rice and (Rice Quantity) in how many months? And who else can import these amount (rice) and until such months? There were 17 companies involved, not only the one belonging to my daughter. From the 17 companies, each company involved many, many people," explained Xanana.

Even the Prime Minister in mid-July did not refer to a resignation. In fact, he confirms that "there were 17 companies involved, not only the one belonging to my daughter," and seeks to justify that her shareholding alone did not amount to any wrongdoing.

The alleged resignation letter from Zenilda Gusmao has never been presented to anyone, not even the relevant ministry when a request to amend records was sent.

Then there is also the applicability of the company law. According to the Timor-Leste Company Law a resignation by a member of a company only becomes effective after the expiration of three months after the date on which it occurs and the companies official registry is notified. This would place the date of effective resignation as about the 11^th of December 2008, a date after the contracts were signed and became legally binding.

Article 173 of the Law 4/2004 on Companies stipulates that resignations only become effective after the expiration of a period of 3 months:

3. Resignation only becomes effective at the end of the annual accounting period in which the respective communication is made, but never sooner than 90 days from the end of such accounting period.

This provision was designed to enable creditors of companies and remaining members to have a time period in which to make claims regarding their rights against the resigning member. Simply put, it is a provision to ensure the gate remains closed so the horse does not bolt until all of the resigning members affairs vis-a-vis the company and its creditors are in order.

The letter published in Tempo Semenal purporting to request the Minister to amend the records did not have legal effect. The issue of "removal" of a shareholder, as the letter stated pursuant to article 18 of the company's statutes, is very serious. It involves the extinguishment of legal proprietary rights. In the case of shareholdings it also involves the transfer and payment of money.

Given that not all the members/shareholders of the company signed the letter from Angelica Rangel purporting to "remove" Ms Zenilda Gusmao as a member of the company the only thing that can be said is that it did not legally demonstrate or communicate that it was an act agreed to by all shareholders. That is obvious from merely looking at the document, and seeing that neither Nelcy Funai nor Maria de Fatima signed the letter as is self evident looking at the signature page of the letter dated 12 September 2008.

One has to question why these two members' signatures are omitted to begin with? But the legal implications are clear and the Minister who instructed the registry to amend the records may have breached the law and induced others to breach the law.

There is also the question of whether Ms Rangel knowingly supplied false information to amend the records regarding the company. Her claim of a "resignation" contradicts what she and the other members wrote in the letter to the Minister date 12 September.

There is a final peculiar point about the letter and the documents produced in an attempt to convince us all of a purported "resignation". The Minister is said to have received a letter requesting the amendment on 12 September 2008 and dispatched instructions to his Director of Domestic Trade the same day to: "Adjust this business documents pursuant to the change in new members, as requested in this declaration!" This handwritten note is dated 12/09/2008. Yet the signature notation by the Director of Domestic Trade, Epifanio Faculto endorsing receipt (and according to our information from staff at the registry - endorsing approval for action on registration of the particulars noted on the form) was the preceding day, 11 September 2008.

Finally, there is the case of how the alleged violation of the procurement law and the law on constitutional officeholders prohibiting certain companies in which the relatives of those officeholders hold shares in the prescribed manner. The relevant period is the time when it was decided to award the contract to the company and not the time the relevant contract was signed by both parties and became legally binding. The adjudication of the contracts on the statements of all concerned occurred sometime after June but before even 11 September 2008.

Neither the Tempo Semanal article, nor MW who relied on it, made any such critical analysis.

Since early 2008 when the rice scandal began FRETILIN as well as other opposition parties in the parliament have formally requested documents regarding the procurement and the contracting for the supply of rice from the government. These are documents that the parliament and its members are usually entitled to have access to as it is the parliament's constitutional role to oversee the execution of the government budget. It is also the law.

However, the government has simply ignored repeated attempts, just as they have done with regard to the secret oil and gas deals over the Greater Sunrise field development, the Patrol Boats acquired without tenders from the Chinese, the second hand heavy fuel oil power stations, and other such things.

It is high time that this scandal that the government itself has called "Ricegate" be fully investigated. The President of the Republic himself requested in a letter dated 2 June 2009 that the Provedor (Ombudsman) for Human Rights and Justice investigate the manner in which rice contracts were awarded.

The President's letter said that the President had received many expressions of concern of "maladministration and peddling of influence" regarding the rice contracts, and that "the contracts for the supply of rice were given by a closed process that did not involve bidding, and that involved collusion and cases of corruption." He requested the Provedor to investigate it urgently.

Currently, FRETILIN and MPs from KOTA, PPT, PUN, ASDT have submitted a resolution to establish a parliamentary inquiry into the whole rice supply issue. The commission of inquiry is to be composed of MPs from all parties based on their proportional representation in the parliament, which will have the legal power to summons witnesses and documents.

It is best that this whole Ricegate fiasco be dealt with within that context.

ABC News has been accused of trying to 'get' Mr Gusmao by ignoring some points of inquiry, but MW missed a few, which is understandable because they were doing it without someone on the ground.

MW reported:

And one of the two women who are listed as having bought Zenilda Gusmao's shares in Prima Food, Angelica Rangel, told Media Watch today:

"At the time we signed the contract with the government, Zenilda had already resigned so she did not see any of the money from the contract. The documents... are authentic. I was the one who received the letter of resignation on September 11th."

— Statement from Maria Angelica Rangel da Cruz (Prima Food Ltd shareholder) to Media Watch, 15th August, 2009

Now let's see. She received the resignation on 11 September. The following day most of the other members of the company signed the document, and notified the Minister. The Minister dispatched the instructions all on the same day, except that Mr Faculto appears to have preempted his Minister and the formal request letter by doing everything on the 11^th of September. Ms Rangel is a full time employee of the Portuguese bank BNU-CGD. That must have taken some effort. Those who do business in Timor-Leste know very well island time would make that swift execution quite incredible, especially having a Minister, this Minister as a matter of fact, turn documents around so quickly.

Since the AMP government took office, Ms Rangel has obtained a number of government contracts. Her company is currently contracted to construct the wall and other installations in Dili's new cemetery at Becussi. She would definitely not want to put any future tender prospects at risk.

It appears that Media Watch did not ask where the resignation letter she received was. Given that this letter has never been made public and that "resignation" was not the reason officially communicated to the Ministry, it appears that MW was relying on information provided by others who misled them. That is a fair conclusion to draw from this.

Unlike "Utegate", this "Ricegate" has a long way to go yet. Indeed, FRETILIN as an Opposition simply wants to hold the de facto Gusmao government accountable for the millions spent on rice imports. Our concern is the same as the President's and others'. We praise all efforts by media outlets to move us in this direction and condemn any media blackouts or shut downs. That could only perpetuate the lack of probity and transparency that is felt by many in our country, not just by FRETILIN.