Invitation To All Non-Government
Organizations on Clemency
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
