Dili, May 19, 2025 (Média Democracia) – Civil society organization HAK held a press conference addressing the issue of pardons granted to prisoners in the context of the upcoming commemoration of the Restoration of Independence Day on 20 May 2025.
During the conference, HAK’s Deputy Director Antonino Delimas explained that every year, on national commemorative days such as 20 May and 28 November, the President of the Republic exercises his prerogative powers to grant pardons or sentence reductions to prisoners who have fulfilled or served a legal portion of their sentence, typically one-third while incarcerated.
“Based on Article 85 (i) of the Constitution of RDTL, it is clearly defined that the President of the Republic has the exclusive competence to grant pardons or reduce sentences for prisoners, following a report from the relevant authorities,” said Antonino Delimas during the conference.
He further noted that this authority is also guided by other legal instruments, such as Decree-Law No. 19/2009 (Penal Code) and Law No. 20/2023, which outlines procedures for granting pardons or commutations of sentences for prisoners.
According to the information shared, the Ministry of Justice has, this year, recommended 38 prisoners to the President for review and consideration for possible pardons. HAK believes that such a decision must be fair and prudent, ensuring that only those who truly deserve it and meet the legal criteria are granted this right.
“The exercise of pardon or sentence commutation must align with the State’s objectives to guarantee and promote fundamental rights, individual freedom, and adherence to the rule of law. The State has an obligation to effectively protect its citizens, uphold law and order, and ensure everyone’s safety and peaceful living. We expect that the entire pardon process is fair and transparent, and that criteria are applied equally to all individuals,” he added.
Regarding the implementation of pardons, based on HAK’s monitoring, it was found that some individuals are elderly or have entered old age, some suffer from serious health conditions, some have stated they are 50 or 60 years old, and others have already served half of their sentence. Some female prisoners are incarcerated with all their children, who have been abandoned for many years, while others are uncertain about their legal status and have not received visits from their legal defenders. In some cases, prisoners with such conditions have not been adequately considered as meeting the main requirements or criteria to be eligible for a pardon. Based on these findings, HAK presented the following recommendations to the President of the Republic:
- Grant pardons or sentence commutations to those prisoners who genuinely deserve and require them, in accordance with legal mechanisms and humanitarian considerations. This would help ensure the promotion of fundamental rights, freedom, and the rule of law within a democratic state.
- Regarding the recommendation from the Ministry of Justice this year, which includes the name of former priest Richard Dasbach, HAK observes that he has not yet served half of his sentence. Dasbach was sentenced to 12 years but has only served 3 years in prison so far. Therefore, he should not yet be eligible for a full pardon, though a reduction in sentence might be considered. This approach ensures that all individuals are treated equally under the law.
Report: HAK Press Conference
Photo: Domingas