East Timor Law Journal

Selected Documents

..."whenever you conclude that it is right to use the Army to...discharge those duties that belong to civil officers and to the citizens, then you have given up the character of your Government; it is no longer a government for liberty...it has become a government of force.'' The Law of Posse Comitatus CovertAction Quarterly Magazine 2002

Presidential Statement[1]

In the face of the current political, social and humanitarian situation that Timor-Leste is going through, the need arises to provide a public testimony of the will of the State and all Organs of Sovereignty to adequately respond to the violent and organized crime persistently plaguing the capital city of Dili.

The country is witnessing to a certain anarchy and a lack of will on the part of certain segments of society to contribute to the stabilization of the country;

It is unacceptable that goods and human lives continue to be lost and that the citizens continue to live in a climate of insecurity;

It has been noted that, instead of conveying a positive message to the conscience of the people, a message that contributes towards solving the current problems prevailing in the country, some demonstrations have been contributing to create further divisions among people, at a time when the country has a dire need to recover the atmosphere of deeper tolerance and mutual acceptance.

We are about to enter a period of electoral campaign for the first elections ever since Timor-Leste regained its sovereignty on 20 May 2002;

It is absolutely necessary to create conditions that will enable the citizens to freely and conscientiously exercise their right to choose who is to conduct the destinies of Timor-Leste, but such freedom to choose will not exist amidst a situation where the climate of violence continues alive and the authors of violence continue to move with impunity.

Therefore,

It is necessary that the State fulfils its obligation, an obligation that is incumbent upon it, i.e. to guarantee public order, security, and tranquillity, to protect peoples and goods, to prevent crime and contribute towards ensuring the normal functioning of the democratic institutions, the exercise of the fundamental rights and freedoms of the citizens, and the respect for democratic legality.

It is necessary that the international defence and security forces, which were requested by the Organs of Sovereignty to the community of Nations, fulfil the objective of putting an end to this situation and bring about stability and security to Timor-Leste;

It is necessary that the right to assemble and demonstrate be exercised with due respect for the rules established by the Law on Freedom to Assemble and Demonstrate and that it does not jeopardize the functioning of the institutions of the State and the freedom of the citizens;

It is necessary that the defence and security forces and the judicial institutions give an adequate response in order to prevent and repress crime, including the use of force, if deemed necessary.

Thus,

After hearing the Council of State, the Superior Council for Defence and Security, and the High Level Coordination Committee of the mandate of the United Nations Integrated Mission in Timor-Leste (UNMIT), which is composed of the President of the Republic, the Speaker of the National Parliament, the Prime Minister, and the Special Representative of the Secretary-General of the United Nations.

The President of the Republic:

a) Announces to the Country that the State will make use of all the available legal mechanisms, including the use of force, when deemed necessary, in order to put an end to violence, to destruction of goods and to the loss of lives, and rapidly re-establish public order;

b) Calls upon the authorities of the Country, both national and international, to utilize all available legal means to ensure that the citizens abide by the law;

c) Calls upon the authorities of the Country and the defence and security forces to intervene in order to ensure that meetings and demonstrations are organized with strict respect for the laws regulating the holding of meetings, rallies and demonstrations, and that they do not put at stake the functioning of the State institutions and the rights of other citizens;

d) Calls upon the defence and security forces to be strict in demanding that law be enforced and to utilize all the available legal means to prevent violation of law and disturbance of public order;

e) Calls upon the defence and security forces to make use of the procedural mechanisms established by law to combat crime, namely by carrying out searches, including home searches, identification of people, seizure of weapons, ammunition, explosives, fuel containers, as well as any other item suspicious of being used for committing crimes, such as provided for in articles 52 to 56 of the Criminal Procedural Code and Decree Law No. 4/2006 (on terrorism, violent or highly organized crime);

f) Calls upon all citizens to refrain from participating in activities that contribute towards the climate of instability and to collaborate with the authorities so that law and order can prevail;

g) Announces the Country that, where normal measures reveal themselves to be insufficient to put and end to the currently existing criminal pressure, the Organs of the State may have to adopt more serious measures, such as the state of siege.

Palácio das Cinzas, Dili, 5 March 2007

[Signed]

Kay Rala Xanana Gusmão

Presidente da República Democrática de Timor-Leste

1 Check agaisnt the original in portuguese