Subject: Local Media Monitoring - July 25, 2003

From UNMISET

LOCAL MEDIA MONITORING

July 25, 2003

STL

The spokesperson for the Democratic Party in the National Parliament, Mr Rui Menezes and Dili District Public Defender, Mr Sergio Hornai said yesterday that the National Parliament is the only institution which has the right to produce or adopt a law as defined by the Constitution article 161, not the Appeals Court. Both were commenting on the Appeals Court decision to revoke UNTAET's regulation N0.1/1999 replace Indonesian law with Portuguese Law. UNTAET regulation N0.1/1999 said that all the laws in place before October 25, 1999 will be applied in Timor-Leste. (Both were commenting on the Appeals Court's recent decision that stated that because the Indonesian occupation of East Timor between 1975 and 1999 was unlawful under international law, Indonesian laws were never valid. Prior to 25 October 1999, the applicable law in East Timor was Portuguese law. The Court further decided that where there are gaps in current East Timorese law, the Portuguese law still applies).

On July 23, 2003, acting under the powers of the Prosecutor General in Section 150 and 152 of the Constitution of Timor-Leste, the Prosecutor General filed an application with the Supreme Court of Justice in Timor-Leste requesting a formal clarification of the issue of applicable law in Timor-Leste. The application follows recent decisions of the Appeals Court in three appeal cases that Portuguese law is applicable in Timor-Leste rather than Indonesian law. The position of the Prosecutor General is that under UNTAET regulations and the Constitution of Timor-Leste, Indonesian law is applicable in Timor-Leste and has been applied in the justice system of Timor-Leste since Courts were established in Timor-Leste during the UNTAET transitional period. The Prosecutor General is of the opinion that the recent decisions of the Appeals Court render illegal those decisions of the Courts in all the cases of crimes against humanity, serious crimes, or lesser serious crimes, that have been heard in the past three years in Timor-Leste

The Christian Democratic Party (CDP) National Congress yesterday closed with the election of the new party's President, Mrs Olandina Guterres, and its Secretary General, Mr Jose Sereno Gomes. The former CDP's President, Mr Antonio Ximenes, and its Secretary General, Mr Arlindo Marcal, now Timor-Leste's Ambassador to Indonesia, were dismissed from the party's new structure.

STL sought more opinions from a range of personalities regarding Mr Mario Carrascalao's case of alleged eviction.

TIMOR POST

Prime Minister Mari Alkatiri yesterday said that the Government will not intervene in banking activity in Timor-Leste. Prime Minister said this during the launch of a product by the Portuguese Bank (BNU).The article did not mention which product was launched yesterday.

No agreement was reached yesterday in meeting held yesterday between the lawyers for Mr Mario Carrascalao and the Government, represented by the Division of Land and Property. The Government has fixed a deadline for the eviction of Mr Carrascalao. Mr Carrascalao lawyers do not accept the Government's offer to lease the house. The article said that Mr Carrascalao will be evicted today if he does not accept the offer.

Timor Post also reported on the Christian Democratic Party's National Congress and the election of its new President and Secretary General as per the STL report.


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