INVITATION TO ALL NON GOVERNMENT ORGANISATIONS (NGO’S)
Considering recent Presidential Decree No.52/2008 of 19
May 2008 on Presidential Clemencies we the petitioners invite you to
think about the following issues:
Considering that the rule of law presupposes clear rules
and requires the observation of due process;
Considering all Presidential acts or of sovereign organs
should be inspired and observe the publics interest;
Considering the history of suffering of the people, all
acts of the sovereign organs specifically the President of the
Republics should respect the repercussions of the memory of this
history;
Considering that this presidential clemency nurtures the
seed of impunity;
Considering that the People of East Timor outlined in the
CAVR – Chega Report their aspiration for justice, respect of human
rights, concept of reconciliation, freedom, democracy, peace and
wellbeing which embraces the perspectives of the past, the present
and the future;
Considering the recent experience of 2006 violence,
requires that all decisions made by governing officials are inspired
by the responsibility to ensure security and peace for the people,
the promotion of democracy and the rule of law;
For this reason, we are inviting all national and international
NGO’s to think about the meaning of the clemencies according to the
reason that made your institution devote your efforts in the peoples
struggle for independence. We attach the petitions to the Court of
Appeal and Provedor of Human Rights and Justice (Ombudsman) for your
reference. [ see
http://www.etan.org/et2008/6june/29/27-11tcitz.htm for
links to documents ]
In respect of the memory, the victims and the process to
construct and consolidate democracy in East Timor we look forward to
your support in our initiative to request the court to review the
constitutionality of Presidential Decree of 19 May 2008 based on the
following grounds:
- Presidential Decree No. 53/2008 of 19 May 2008 is invalid
for failure to comply with the requirements of RDTL Constitution
section 85 (i).
- Presidential Decree No. 53/2008 of 19 May 2008 is invalid
for failure to comply with due process in particular, the
sources of a due process requirement, the rule of law and
respect for the fundamental rights of individuals, the doctrine
of the separation of powers and the content of the due process
requirement.
- Presidential Decree No. 53/2008 of 19 May 2008 is invalid
for violating the principle of separations of powers by
infringing on the exclusive powers of the Parliament.
- Presidential Decree No. 53/2008 of 19 May 2008 is tainted by
a conflict of interest.
- Presidential Decree No. 53/2008 of 19 May 2008 violates
section 160 of the Constitution.
- Presidential Decree No. 53/2008 of 19 May 2008 violates
fundamental rights and rules of international law enshrined in
the Constitution in particular, international law and clemencies
for crimes against humanity and international law and clemencies
for crimes against humanity
For the reasons set out above the petitioners request the Court
of Appeal to declare the Presidential Decree No. 53/2008 of 19 May
2008 contrary to the Constitution and either;
a) declare the decree void ab initio and without
effect or
b) quash the decree.
Friend of Timor Leste, being legal is not enough. It must be
ethically and morally acceptable in a historical perspective
considering our responsibilities for the next generation. Thank you
for your support.
Names of Petitioners: Fernanda Mesquita Borges, Jose Luis de
Oliveira, Padre Jose Filipe de Jesus Pereira de Araujo, Padre Angelo
Salsinha Trindade, Jose Amaral, Maria Afonso de Jesus, Edio Saldanha
Borges, Sisto dos Santos, Maria Manuela Leong Pereira, Higinio
Positano Zamor E Silva, Luis de Oliveira Sampaio.
Fernanda Borges
Spokesperson for Petitioners
Mobile: + 670 733 07 44
Email: pun69tibar@gmail.com
Dili, 30 June 2008
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Formed in 1991, ETAN advocates for democracy, justice and human
rights for Timor-Leste and Indonesia. For more information see
ETAN's web site: http://www.etan.org.