Identifier
Created
Classification
Origin
06CANBERRA952
2006-06-22 08:13:00
CONFIDENTIAL//NOFORN
Embassy Canberra
Cable title:
EAST TIMOR: AUSTRALIAN BRIEFING ON LOBATO ARREST
how-toVZCZCXRO6957 OO RUEHDT DE RUEHBY #0952 1730813 ZNY CCCCC ZZH O 220813Z JUN 06 FM AMEMBASSY CANBERRA TO RUEHC/SECSTATE WASHDC IMMEDIATE 5152 INFO RUEHDT/AMEMBASSY DILI IMMEDIATE 0115 RUEHKL/AMEMBASSY KUALA LUMPUR IMMEDIATE 2071 RUEHLI/AMEMBASSY LISBON IMMEDIATE 0968 RUEHWL/AMEMBASSY WELLINGTON IMMEDIATE 4667 RUEHBN/AMCONSUL MELBOURNE IMMEDIATE 2755 RUEHBAD/AMCONSUL PERTH IMMEDIATE 1470 RUEHDN/AMCONSUL SYDNEY IMMEDIATE 0685 RHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE RUEHGV/USMISSION GENEVA IMMEDIATE 1789 RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0350
C O N F I D E N T I A L CANBERRA 000952
SIPDIS
NOFORN
SIPDIS
STATE FOR EAP/ANP, EAP/MTS, EUR/WE
PACOM ALSO FOR POLAD
E.O. 12958: DECL: 06/22/2016
TAGS: MARR MOPS KCRM AS TT
SUBJECT: EAST TIMOR: AUSTRALIAN BRIEFING ON LOBATO ARREST
REF: A. EAST TIMOR CONFERENCE CALL OF 6/21/2006
B. DILI 322
Classified By: Acting POLCOUNS Tamara Fitzgerald, for reasons 1.4 (b) a
nd (d).
C O N F I D E N T I A L CANBERRA 000952
SIPDIS
NOFORN
SIPDIS
STATE FOR EAP/ANP, EAP/MTS, EUR/WE
PACOM ALSO FOR POLAD
E.O. 12958: DECL: 06/22/2016
TAGS: MARR MOPS KCRM AS TT
SUBJECT: EAST TIMOR: AUSTRALIAN BRIEFING ON LOBATO ARREST
REF: A. EAST TIMOR CONFERENCE CALL OF 6/21/2006
B. DILI 322
Classified By: Acting POLCOUNS Tamara Fitzgerald, for reasons 1.4 (b) a
nd (d).
1. (C/NF) Department of Foreign Affairs and Trade (DFAT)
Acting East Timor Director provided us a briefing on the
arrest of former East Timor Interior Minister Rogerio Lobato
on June 22. Ferguson confirmed that a prosecutor, possibly a
UN-provided international prosecutor, from the East Timor
Office of Prosecutor-General Longuinhos Monteiro had arrested
Lobato at his residence on June 22 and had escorted him to
the Dili District Court. In an order signed by an official
of the Prosecutor-General's Office, Lobato was charged with
four counts, including (a) crimes against the state; (b)
conspiracy; (c) association with prohibited organizations;
and (d) intention to eliminate certain groups. Contrary to
press reports, Ferguson said, Australian Defence Force (ADF)
personnel did not take part in the arrest and did not
accompany Lobato to the District Office, although they were
guarding Lobato's residence. Lobato put up no resistance and
went peacefully, according to Ferguson.
2. (C/NF) At the time of DFAT's readout, Lobato remained at
the Dili District Office, where a judge was trying to decide
whether he should be remanded to Becora Prison, where
provisions had been made to accommodate him, or be held under
house arrest. At issue was whether Lobato's security could
be guaranteed at Becora, Ferguson said. The Office of the
Prosecutor-General had advised that Lobato could be held for
a maximum of 30 days, within which time the Prosecutor was
required to present evidence.
3. (C/NF) Further to ref A discussion, we sought
clarification from Ferguson as to whether the Australian
Government had earlier declined to arrest Lobato as a matter
of policy. Ferguson responded that Australia's maintained an
overall policy of neutrality in East Timor's political
dispute and continued to urge all parties to adhere to East
Timor's laws and constitutional processes. He said he was
unaware of any specific GOA policy to avoid arresting Lobato
or other senior government figures, adding that, in the case
of Lobato, he understood the timing of the arrest was driven
by the Office of the Prosector-General.
4. (C/NF) Ferguson said the ADF and other elements of the
multinational Joint Task Force had sufficient authority to
detain and arrest East Timorese under the terms of their
agreements with the GOET. The GOA wanted the East Timor
Parliament to enact additional legislation, however, that
would give Australian forces broader protection from
prosecution for activities carried out in furtherance of
their duties than were available under the Rules of
Engagement and SOFA agreements.
STANTON
SIPDIS
NOFORN
SIPDIS
STATE FOR EAP/ANP, EAP/MTS, EUR/WE
PACOM ALSO FOR POLAD
E.O. 12958: DECL: 06/22/2016
TAGS: MARR MOPS KCRM AS TT
SUBJECT: EAST TIMOR: AUSTRALIAN BRIEFING ON LOBATO ARREST
REF: A. EAST TIMOR CONFERENCE CALL OF 6/21/2006
B. DILI 322
Classified By: Acting POLCOUNS Tamara Fitzgerald, for reasons 1.4 (b) a
nd (d).
1. (C/NF) Department of Foreign Affairs and Trade (DFAT)
Acting East Timor Director provided us a briefing on the
arrest of former East Timor Interior Minister Rogerio Lobato
on June 22. Ferguson confirmed that a prosecutor, possibly a
UN-provided international prosecutor, from the East Timor
Office of Prosecutor-General Longuinhos Monteiro had arrested
Lobato at his residence on June 22 and had escorted him to
the Dili District Court. In an order signed by an official
of the Prosecutor-General's Office, Lobato was charged with
four counts, including (a) crimes against the state; (b)
conspiracy; (c) association with prohibited organizations;
and (d) intention to eliminate certain groups. Contrary to
press reports, Ferguson said, Australian Defence Force (ADF)
personnel did not take part in the arrest and did not
accompany Lobato to the District Office, although they were
guarding Lobato's residence. Lobato put up no resistance and
went peacefully, according to Ferguson.
2. (C/NF) At the time of DFAT's readout, Lobato remained at
the Dili District Office, where a judge was trying to decide
whether he should be remanded to Becora Prison, where
provisions had been made to accommodate him, or be held under
house arrest. At issue was whether Lobato's security could
be guaranteed at Becora, Ferguson said. The Office of the
Prosecutor-General had advised that Lobato could be held for
a maximum of 30 days, within which time the Prosecutor was
required to present evidence.
3. (C/NF) Further to ref A discussion, we sought
clarification from Ferguson as to whether the Australian
Government had earlier declined to arrest Lobato as a matter
of policy. Ferguson responded that Australia's maintained an
overall policy of neutrality in East Timor's political
dispute and continued to urge all parties to adhere to East
Timor's laws and constitutional processes. He said he was
unaware of any specific GOA policy to avoid arresting Lobato
or other senior government figures, adding that, in the case
of Lobato, he understood the timing of the arrest was driven
by the Office of the Prosector-General.
4. (C/NF) Ferguson said the ADF and other elements of the
multinational Joint Task Force had sufficient authority to
detain and arrest East Timorese under the terms of their
agreements with the GOET. The GOA wanted the East Timor
Parliament to enact additional legislation, however, that
would give Australian forces broader protection from
prosecution for activities carried out in furtherance of
their duties than were available under the Rules of
Engagement and SOFA agreements.
STANTON