Criminal libel case dropped against Tempo Semanal

How Pacific Scoop reported José Belo's presidential award.

From Tempo Semanal

A YEAR ago Tempo Semanal published a series of stories that became known as the "SMS Scandal" in which it alleged corruption by Timor-Leste's Justice Minister Lucia Lobato, along with Timorese and Indonesian business people, in relation to projects under her ministry. These projects included the Becora Prison, uniforms for prison guards and Timor-Leste national identity cards projects.

Café Pacific has followed this affair and TS stories include:

1. Tempo Semanal: Edition 108: SMS texts evidence: Minister for Justice Gives Herself And Friends Projects
2. Tempo Semanal Edisaun 108 SMS: MJ Fo Projektu ba An Rasik no Ninia Belum Sira
3. Translation Tempo Semanal Edition 135: (Minister of Justice SMS Corruption Scandal Continues)
4. "Identity Card Project Breaches Law No. 10/2005 and Confirms Allegations of KKN." [In the Ministry of Justice] "Identity Card Project Breaches Law No. 10/2005 and Confirms Allegations of KKN [1]."

Lobato reacted angrily and in October 2008 lodged a criminal libel case against Tempo Semanal and its director José Antonio Belo.

Browse stories on the criminal defamation case:

1. Justice minister sues East Timor newspaper
2. Pacific Freedom Forum Petitions Against "Unconstitutional" Defamation Case
3. Defamation Case against Tempo Semanal: Lao Hamutuk
4. ETAN urges dropping of defamation charges against Timorese editor
5. TAPOL protests against defamation charges against Timorese journalist

Lobato reported the case of criminal defamation against José Belo to prosecutors. Belo was investigated by the International Prosecutor on 19 January 2009 and has been under city detention since then. He has to report to the prosecutor if he wants to travel away from Dili more than 15 days. Since last year, Belo has only made two trips out of Timor-Leste and had to refuse three invitations for foreign travel. He went to Australia for 10 days and to Indonesia for four days.

Pictured: Lucia Lobato - Minister of Justice.

On 13 November 2009, PNTL delivered a two-page notification letter to Tempo Semanal offices in Palapaso Dili.

These letters informed Tempo Semanal officially that the case of criminal defamation had ceased on 15 June 2009 and were signed by International Prosecutor Jose Landim.

The notification letter stated:

The crime of defamation was decriminalised by the new Timor-Leste Criminal Code, DL No. 19/2009 of 8 April 2009, as a result of which the accused can no longer be held criminally liable.

In effect, pursuant to the provisions of article 3, 1. of Timor-Leste's new Criminal Code, 'nobody can be held criminally liable as a result of facts prescribed as criminal acts at the relevant time it was carried into action if the law subsequently ceases to consider it as a crime'.

As such, because it is not now possible to continue with the criminal proceedings against the accused, the proceedings currently on foot are hereby ordered to be closed pursuant to article 235, 1. c) of the Criminal Code.

Tempo Semanal director Jose Antonio Belo congratulated the Prosecutor-General and all her staff by putting the law in place. However, at the same time Belo was disappointed the case would not reach court so that the facts of the corruption case might come before the public.

Belo said he was aware that the then Prosecutor-General had demanded that Justice Minister Lucia Lobato submit more evidence before the case could be sent to court:

Tempo Semanal and I have been left in confusion for an entire year and we don't know the situation of the case against us but this afternoon we have receive this notification letter.

As a Timorese journalist, it is very sad to see our Minister of Justice's actions by lodging a criminal defamation case against Tempo Semanal and me while her office was producing the new East Timor Penal Code which decriminalised defamation.

It seems like the Minister for Justice is confused about Timorese law.

Belo said he would like to make it clear to Tempo Semanal readers that “we are not afraid to go court to prove our story and that's why we have requested the kindness from the good office of the deputy Prime Minister to encourage the Minister of Justice to carry on the case.”

Jose Belo and Tempo Semanal also thanked all those friends who gave courage and support at this difficult time.

It remains unclear if the minister will ever faces charge in relation to the accusations of corruption that have been made against her by Tempo Semanal, the Provedor, the Parliamentary Opposition and many others.

Tempo Semanal's award on Pacific Scoop

Journos, media educators rally behind Jose Belo

PACIFIC MEDIA WATCH has filed an item about journalists, media educators, lawyers and NGO advocates being up in arms about the outrageous criminal libel case against respected East Timorese editor and publisher José Belo. The Timorese government is under increasing international pressure to drop this case. What an irony - José risks being imprisoned in the very jail where the Indonesian oppressors tormented him before independence. José has been charged followed publication of an article in his impoverished newspaper and online publication, Tempo Semanal, making allegations of corruption over the issuing of government tenders against Justice Minister Lucia Lobato.

According to PMW, the open protest letter, under the umbrella of the Sydney-based Australian Centre for Independent Journalism (ACIJ), has been signed by 85 media industry, legal and academic people ranging from the ACIJ’s Professor Wendy Bacon to ABC Four Corners investigative journalist Liz Jackson, SBS Dateline’s Mark Davis and British-based filmmaker and author John Pilger. Pacific Media Centre director Associate Professor David Robie and PMW co-founder Peter Cronau are also among the signatories. The letter is being sent to President José Ramos-Horta, in New Zealand this week on his first official visit abroad since being wounded in a rebel attack a year ago, and Prime Minister Xanana Gusmao.

The Timor-Leste government has passed a new penal code that decriminalises defamation but the President hasn't yet promulgated this. José Belo is charged under the old Indonesian law, a hangover from the Jakarta colonial era.

The open letter says:

While making no comment on the merits of [José Belo’s] allegations, we are disturbed by the application of criminal defamation laws against one of East Timor's bravest and most respected journalists.

Belo's role in documenting the atrocities of the Indonesian occupation and disseminating that information to the international media is well known.
Since self‐government, José has emerged as one of the most productive, disciplined and independent journalists that East Timor has produced. He has become a key figure in the attempt to build a democratic media in your country.

To be imprisoned by your government would be a great injustice to José and more importantly, a terrible precedent for all media in East Timor. Such laws criminalise and suppress good journalism, they help cloak corrupt and questionable behaviour of public officials and they diminish the reputation and international standing of the nations that apply them.

We note that the laws under which José Belo has been charged are left over from the old Indonesian regime, and understand that new laws more suited to a democratic society have been drafted but have not been placed before your Parliament.

We pledge our support to José Belo and all East Timorese journalists who may face imprisonment for the practice of their profession. We urge you to take all actions within your power to bring about the dropping of this charge and the removal of criminal defamation laws in East Timor.

The full list of signatories is at PMW. And a good backgrounder is Mark Colvin's PM programme on ABC Radio. We're with you, José!

• Reporter used SNS texts to expose corruption deal
  
• Timorese journalist faces criminal libel charge -PM
• Justice in East Timor on libel case - Jakarta Globe
• East Timor govt urged to drop charges
• Justice minister sues East Timor newspaper
• ETAN urges dropping of defamation charges
• The controversial article in Tempo Semanal
• Previous José Belo posting in Café Pacific
• Freedom (of speech) fighter