Right of reply to the article “Pardons, appointments and slaps in the face: the hand of Timorese political power reaches the judiciary” – published by the newspaper Expresso on May 18th, 2025

Spokesperson of the Government of Timor-Leste

Ninth Constitutional Government

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May 19th, 2025

Right of reply  

Right of reply to the article “Pardons, appointments and slaps in the face: the hand of Timorese political power reaches the judiciary” – published by the newspaper Expresso on May 18th, 2025

The Government of the Democratic Republic of Timor-Leste, through the Spokesperson's Office, hereby exercises its right of reply to the article published by the newspaper Expresso on May 18^th, 2025, entitled “Pardons, appointments and slaps in the face: the hand of Timorese political power reaches the judiciary”, in accordance with the law.

This article contains factual inaccuracies, relevant omissions, abusive associations, and speculative assertions that misrepresent the institutional and legal realities of the Democratic Republic of Timor-Leste. Furthermore, Expresso has yet to publish the prior right of reply submitted by the government regarding the article dated May 13^th, which evidently contravenes the right of reply as stipulated in the press law.

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1. Expresso did not publish the previous right of reply

Despite Expresso having received the Government of Timor-Leste's right of reply regarding the article dated May 13^th in a timely manner, it did not publish this response. This represents a clear violation of the legal provisions governing the right of reply, as well as the ethical responsibilities associated with the practice of journalism.

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2. Inaccuracies and factual errors

 

l  Mari Alkatiri is not the president of Fretilin, as stated; he is, in fact, the secretary-general of that political party.

l  The assertion regarding the potential granting of a pardon to the Vice Prime Minister lacks foundation. Francisco Kalbuadi Lay has not been convicted of any crime and, consequently, is not legally eligible for a pardon. It is important to note that pardons are an exclusive prerogative of the President of the Republic as stipulated by the Constitution and are applicable solely to individuals who have been convicted by a sentence that has become final.

l  The replacement of the former Attorney General, Afonso Lopes, occurred as a result of the conclusion of his term of office, and the Deputy Attorney General was appointed as his successor. There was neither resignation nor institutional breakdown, contrary to the implications of the article.

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3. Who's to blame for the shortage of judges?

The alleged shortage of judges primarily arises from the failure to conduct inspections and evaluations of first-instance judges over several years, which has compromised the judiciary's standard operational capacity. This neglect of evaluations can be partially attributed to the inadequacy of judicial advisory services during that period. To assert that such inspections did not take place is categorically inaccurate.

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4. The late judge at the Court of Appeal has not been replaced

The article indicates that the Court of Appeal has experienced a reduction of fifty per cent in its membership. In reality, only one judge from that court passed away six years prior and was not replaced, which has contributed to maintaining a low and even number of judges, subsequently hindering its regular operation. The exclusion of this information serves to mislead the reader.

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5. Appointment of the President of the Court of Appeal in accordance with the Law

The appointment of Judge Afonso Carmona as the President of the Court of Appeal was executed in accordance with Law No. 4/2025, which was sanctioned by the National Parliament and enacted by the President of the Republic. Consistent with the practice regarding all preceding presidents of the Court of Appeal, the appointment falls under the jurisdiction of the Head of State, and there exists no statutory obligation for the appointee to be a member of the Court itself or to possess first-class status.

Moreover, the regulation stipulating that the President of the court shall be elected by his peers is exclusively applicable to the Supreme Court of Justice, which has yet to be established.

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6. Pardons and legal changes – misinterpretation

The assertion that a potential pardon for former priest Richard Daschbach results from amendments to the Judicial Organisation Act is erroneous and unfounded. The pardon process, as delineated in the Constitution, is not contingent upon the Court of Appeal or the Attorney General's Office. The endeavour to associate this matter with recent legislative modifications is speculative and inaccurate.

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7. Endeavour to undermine the credibility of the Prime Minister.

The inclusion of the episode that occurred in Oe-Cússe involving the Prime Minister within the same article is unrelated to the matter of justice or the principle of separation of powers. It constitutes a clear attempt to undermine his personal credibility, devoid of any institutional or legal connection to the core content of the news item. The claim that such facts “violate the separation of powers” is baseless and lacking in legal rigour.

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8. Non-existent right to be heard and a negligent approach

Once again, Expresso asserts that it sought clarification from the Timor-Leste delegation in Brussels, disregarding the official institutions located in Dili, such as the Government and the Presidency of the Republic. This perplexing and recurring choice indicates a lack of diligence in reporting and a deliberate intention to circumvent the fundamental right to be heard. Furthermore, the article entirely neglects the acknowledgement of the right of reply that was previously submitted and is also publicly accessible on the Government's official platforms.

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9. The appointment of Lukeno Alkatiri was executed by the former President of the Republic.

The article discusses the replacement of Lukeno Alkatiri from the Superior Council of the Judiciary without providing the necessary context that he was appointed in 2022 by the then-President of the Republic, Francisco Guterres Lú-Olo, who concurrently held the positions of Head of State and President of Fretilin.

It is also important to note that this appointment occurred just a few days prior to the second round of the 2022 presidential elections, a notably sensitive moment from an institutional perspective. Nevertheless, it did not receive public criticism from those who now allege political interference in analogous appointments.

The exclusion of this context by Expresso indicates a tendency towards biased reporting and adds to an imbalanced narrative, implying political interference solely when it aligns with the editorial stance of the article.

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Conclusion

The article published by Expresso on May 18^th, 2025, presents a biased and erroneous narrative predicated on unverified assertions, omissions of context, and a disproportionate reliance on anonymous sources. The content of this article undermines the external perception of the stability and legitimacy of Timor-Leste's democratic institutions.

The Government of the Democratic Republic of Timor-Leste reaffirms its unwavering commitment to the rule of law, the separation of powers, and adherence to the Constitution. Moreover, it firmly rejects any attempts to exploit the media to manipulate justice or to politically interfere with legitimate institutional actions.

Expresso is hereby requested to publish this right of reply in its entirety, affording it the same level of prominence as the article in question. Additionally, it is requested that Expresso publishes concurrently the previous right of reply, which has yet to be published, in compliance with applicable Portuguese law.

 

Dili, May 19^th, 2025

Government Spokesperson's Office

Presidency of the Council of Ministers

Democratic Republic of Timor-Leste