Subject: East Timor prosecutor blames president over trial delay
ABC Online
East Timor prosecutor blames president over trial delay
East Timor's President and chief prosecutor are at odds over the
prosecution of senior military figures for their role in illegally
arming civilians during the 2006 crisis. Last week, the prosecutor
general said it was the president's fault he'd not yet been able launch
the action, while Jose Ramos Horta says there are other priorities.
Presenter:Stephanie March
Speakers: Longuinhos Monteiro, East Timor's Prosecutor General; Jose
Ramos Horta, President; Mari Alkatiri, former Prime Minister; Luis
Oliveira, Judicial System Monitoring Program
MARCH: A United Nations commission of inquiry into the 2006 crisis
recommended Brigadier Taur Matan Ruak- known in East Timor as TMR - be
prosecuted for illegal weapons transfer, along with former defence
minister Roque Rodrigues.
As members of the superior defence council the pair enjoy an immunity
that the President has the power to lift.
Prosecutor General Longinous Montiero asked the President four months
ago to waive the immunity, but has not yet received a response.
He says he is frustrated his office gets blamed for failing to launch an
investigation into Brigadier Ruak's actions.
MONTIERO: Everybody is demanding 'the office of the PG do nothing, all
cases are pending, nothing is updated when we asking no answer' - so
what can we do?..(cut off by JOURNALIST)
JOURNALIST: So you hope to try TMR? You hope to bring him to court?
MONTIERO: Well I don't want to say that we will try or not but at least
we need to hear, I cannot accuse anyone before we hear.
MARCH: Last week the Prosecutor General caused a stir in Dili when he
sent summons to three other high-ranking military officers.
Colonel Lere Anan Timor, Major Mau Buti and Colonel Falur Rate Laek are
now considered formal suspects in the investigation into the military's
role in arming civilians during the 2006 crisis.
Brigadier Ruak says he will cooperate with investigators once his
immunity is lifted,
?but President Jose Ramos Horta, says the prosecutor general should
focus on other things.
HORTA: Because in the mean time there are other priorities facing him,
facing the nation, that the nation is very concerned about and that is
the assassination attempt on the President and the Prime Minister. These
were not attempts of assassination of individuals but of the President
and the Prime Minister, these must have absolute priority.
MARCH: In February this year the President and Prime Minister were
attacked by a gang of former soldiers who had defected from the military
during the political crisis in 2006.
He has said previously that he doesn't care if the investigation into
the February attacks takes up to two years.
HORTA: And once that is concluded we can move on, backtrack to others
like 2006 and others - there are many cases - 2000, 4000 case on his
desk. The priorities are yes, February 11 2008 and then we go back to
2006.
MARCH: But Luis Oliveira, acting deputy director of watchdog NGO the
Judicial System Monitoring Program says failing to lift the immunity
will reinforce East Timor's strong culture of impunity and send the
wrong message to the people.
OLIVEIRA: (translation) It sends political message, it sends the message
to the East Timor society is that justice is politicised because the
State says it is not urgent. But for our position justice is urgent and
must be open to all of people so all people can feel justice, justice
must be done for all of people not for one side only.
MARCH: He says the president is not correct when he says the attempted
assassination case is more important than those from two years ago when
tensions between the police and military erupted into violence, killing
37 people.
OLIVEIRA: (translation) The 11 February case is related to the 2006
cases, that why the prosecutor general is trying to use authority to
deal with these cases from 2006 as well.
MARCH: Brigadier Ruak, was the leader of the Falantil armed resistance
when East Timor became independent in 1999 and still has many supporters
both in and outside the military.
Senior Fretilin opposition party members - including former Prime
Minister Mari Alkatiri - have said they are prepared to act as lawyers
on his behalf.
But some observers fear even an investigation, may lead to trouble.
Mari Alkatiri:
ALKATIRI: the problem is not with those people who are being called now
to make their own testimony to justice system the problem is their
supporters, the army as a whole. We have to manage this very carefully.
MARCH: Luis Oliveira from Judicial System Monitoring Program says it is
possible the President is preventing Brigadier Ruak from being
investigated to avoid instability.
OLIVEIRA: (translation) There could be a political reason behind this.
Because if they open the case it could have a negative impact on the
current situation. So our president doesn't prioritise the case - maybe
he has his own reasons but from my point of view for the social aspect
of the justice system, there should not be any exception for anyone to
face justice.
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