14 January 2018

JSMP - Sumáriu Kazu Tribunál Distritál Dili Periódu Novembru 2017

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Sumáriu Kazu Tribunál Distritál Dili Periódu Novembru 2017

 Afirmasaun: Sumáriu Kazu tuirmai ne’e deskreve faktu sira no prosesu iha Tribunál tuir JSMP nia monitorizasaun independente, no deklarasaun ne’ebé parte sira fó iha Tribunál nia laran. Informasaun ne’e la reprezenta JSMP nia hanoin hanesan instituisaun ida.

 JSMP kondena maka’as forma violénsia hotu-hotu, liuliu hasoru feto no ema vulneravel. JSMP afirma laiha justifikasaun bá violénsia hasoru feto.



A. Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Dili

Totál kazu ne’ebé JSMP monitoriza : 31

B Deskripsaun sumáriu bá desizaun kazu sira

 1.  Krime ofensa bá integridade fízika simples ho natureza violénsia doméstika

Nú. Prosesu                                       : 0012/17.PDIDIL
Kompozisaun Tribunál            : Singulár
Juis                                          : Dr. Ivan P. Antonino
Prokuradór                              : Dr. Bartolomeu de Araujo
Defeza                                     : Dr. Cancio  Xavier
Tipu pena                                : Pena multa US$30.00

Iha 06 Novembru 2017, Tribunál Distritál Dili prezide leitura sentesa bá krime ofensa bá integridade fízika simples ho natureza violénsia doméstika ne’ebé envolve arguida OdS hasoru nia laen, iha Distritu Dili.

Akuzasaun Prokuradór

16 December 2017

JSMP: Application of fines in cases characterised as domestic violence should consider the requirements of Article 38 of the Law Against Domestic Violence

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release 30 November 2017

The application of fines in cases characterized as domestic violence should consider the requirements of Article 38 of the Law Against Domestic Violence

The application of fines in cases characterized as domestic violence should consider the requirements set out in Article 38 of the Law Against Domestic Violence (LADV) as specific provisions related to crimes of domestic violence.

“The court must ensure that decisions in cases of domestic violence comply with the articles of the Law Against Domestic Violence and are aimed at deterring domestic violence in the future,” said the Director Executive of JSMP, Luis de Oliveira Sampaio.

In some cases the courts have the option of imposing a fine as the main penalty pursuant to Article 75 of the Penal Code. However in cases involving domestic violence, the application of a fine must consider the requirements of Article 38 of the Law Against Domestic Violence.

This is important to ensure that the courts comply with the provisions in the applicable law and ensure that court decisions have the ability to prevent other crimes in the future and to ensure the well being of society.

Article 38 of the Law Against Domestic Violence on choice and determination of the sentence states that:

(1) The court may substitute the penalty of imprisonment with a penalty of a fine provided the prerequisites provided for in Article 67 of the Penal Code have been met:

·         the security of the victim has been guaranteed,

·         the perpetrator agrees to undergo treatment or follow-up support services for the victim; and

·         such a measure would benefit the preservation of the family unity.

(2) The defendant may further be sentenced to an additional penalty prohibiting contact with the victim for a maximum period of 3 years whenever it is considered that the application of the principal penalty is insufficient to prevent the repetition of similar acts.

JSMP has observed that in cases of domestic violence where the courts have applied a fine, the courts have not adhered to the requirements set out in Article 38 of the Law Against Domestic Violence. In the current context Timor-Leste does not yet have the conditions to direct defendants “to undergo treatment or follow-up support services for the victim”.

JSMP believes that to date the courts have failed to identify these conditions before deciding to apply a fine against defendants in cases of domestic violence. Therefore the fines that have been imposed by the courts against defendants in cases of domestic violence have not implemented Article 38 of the Law Against Domestic Violence because they have not adhered to the requirements set out in the law.

The Law Against Domestic Violence emphasises the importance of providing protection and security to victims and the relevant circumstances for prevention. Therefore, the courts also need to thoroughly assess the psychological and social circumstances of victims before making a decision and applying the relevant penalty to ensure that the penalty/sentence reflects the needs of the victim.

The victim needs to feel comfortable and safe to continue living together with the defendant/convicted person and the defendant (the convicted person) must promise to the court not to repeat his actions and the defendant needs to fulfill this promise. If the court considers that a fine is the best option, the court needs to comply with the conditions set out in Article 38 of the Law Against Domestic Violence.

JSMP has outlined its concern in its report entitled 'The Application of Alternative Sentences in cases of domestic violence at the Oecusse District Court-2015[1]' acknowledging that the trial process and sentencing can have different objectives. These include: to ensure the safety of victims; to punish perpetrators; to deter perpetrators from committing similar acts in the future; to deter the community in general from criminal acts; and facilitate rehabilitation and reintegration of perpetrators in the community.

These sentencing principles need to act as guidelines for the courts when they make decisions, and need to be clearly explained to the defendant and the victim. In addition, the Penal Code sets out specific prerequisites for courts when imposing a range of sentences. In particular, when a court decides to substitute a prison sentence with a suspension or fine in a case involving domestic violence, it is important to examine the sentencing principles, specific prerequisites in the Law Against Domestic Violence and the unique circumstances of each case.

[1]http://jsmp.tl/wp-content/uploads/2012/05/FINAL_JSMP_Sentensa-alternativa_TDO_Nov-20151.pdf

01 December 2017

Speech by President Lu-Olo on the Celebration of the 42nd Anniversary of the Proclamation of Independence

Suai, 28 November 2017

Excellencies,

Mr Aniceto Guterres, President of the National Parliament
Dr. Deolindo dos Santos, President of the Court of Appeal
Mr Prime Minister, Dr Mari Alkatiri, living pioneer of our Republic
Members of all bodies of sovereignty Most Reverend Bishops of Timor-Leste Representatives of all religious denominations present
Members of the Diplomatic and Consular Corps Distinguished guests
Beloved people of Timor-Leste

On this joyous occasion, when we  as a free and sovereign people  proudly celebrate the 42nd anniversary of the Proclamation of Independence, I first salute all sons and daughters of Timor-Leste, from Oecusse to the eastern end, from the southern coast to the northern coast and Ataúro. I salute also all our brothers and sisters who live, work, and study in faraway lands.

Independence is an achievement of which al of us, as citizens of this country, are proud and my thoughts are with all brothers and sisters  throughout the country and around the world.

I bow my head in memory of the heroes and martyrs of 1975 and those who sacrificed themselves, gave their lives and suffered during the 24 years of the struggle. I bow my head in memory of the beloved Nicolau Lobato, Francisco Xavier do Amaral, Nino Konis Santana, and the entire leadership of the struggle. I salute the greatness of character of all leaders of 1975, including my dear brothers Mari Alkatiri and José Ramos-Horta, who God willed to remain by our side, helping us guide and drive the country forward.

30 November 2017

Official Opening of WAP Art Gallery (Women Art Power) in The Asia Foundation

WAP (Women Art Power) Art Gallery, with its first Exhibition “MEMORIES”, on Thursday 30 November 2017, in The Asia Foundation

3 pm - Discussion Series at the Asia Foundation Conference Room
- H. E. Lurdes Bessa, the Vice-Minister for Education and Culture about the subject: Art, Culture and education.
- Introduction to the new Magazine PAW “Power Art Women”
- Discussion on the establishment of a Women Artists Association “AMA”

5:30 pm - Official Opening Reception of the Art gallery with the Exhibition "MEMORIES"
Speech and Ribbon Cutting Ceremony by H.E. José Ramos-Horta, Peace Nobel Prize Laureate

Woman’s Art Power - WAP is the new cultural program from KONSOLIDARTE.

This new artistic initiative, carried out by feminine elements only from different performative arts, aims to consolidate a passage through the past. Aware of the insurmountability of the space-time gap. Nine artists seek a reunion with memory. The project of rescuing the memory is a work of recreating a subjectivity, re-arrange residues of past experiences that are thus repositioned in the present. Memory is a process writing that inscribes the subject in the order of existence. A mnemonic language does not print what it captures. She thinks, composes and reproduces a record that is, forever, in becoming. More than an archive of recognition, a memory produces a mirage, an illusion of a possible truth. Memory traces should be provided as part of a cultural production. Attached to a chain of meanings, a memory doesn’t ensure the adaptation to reality, but a reproduction of a social pattern. It is an act of continuous and endless creation. What is truly important to the subject are the more intense memories. A memory preserves in itself and for itself, in a writing whose characters are indecipherable.

Nourished by a vital energy, the recording of traces from past experiences is instituted as a desiring project. In an incessant search for fulfillment, the energy of memory trails the paths of a forever insatiable desire. Faced with the impossibility of an encounter with the past, rests the desire of a potential reconciliation with history, memory and with its own life.
Maria José Barbosa, UNTL Teacher

29 November 2017

Nearly 140 arrested for martial arts and weapons law violations

East Timor Police and community members in Dili.
GLOBAL IMAGES
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT LUSA NOVEMBER 10, 2017 07:35 - Nearly 140 young East Timorese are now being heard in Dili District Court after being detained in an operation of the National Police of Timor-Leste (PNTL) against illegal martial arts groups, the police commander told Lusa.

"150 youths, some of whom were minors, have been detained and have since been sent home. 139 of the young people, all over the age of 17, are being presented to the Court," Julio Hornay told Lusa.

"It is alleged elements of ritual and martial arts groups, including group 77, who participated in illegal actions, including oath and training, and were detained in the Taibessi neighborhood of Dili," he explained.

At issue, said Julio Hornay, is the violation of law 5/2017 approved in April by the National Parliament on "the practice of martial arts, rituals, white arms and ambon branch."

The ammunition - arms used at various points in the Indonesian archipelago, including Ambon - are a kind of slingshot with small arrows, blades or arrows, which are used sporadically in some districts of Dili, already causing several wounded and at least one dead.

An internal alert issued by the United Nations mission in Dili in June last year said that ambon rams are used to launch arrows at passersby by young "initiates" in rival martial arts groups.

In this warning the United Nations recommends that additional precautions be taken in some areas of the capital.

Its use was so prevalent last year that the Guido Valadares National Hospital in Dili has at least two rooms several arrows taken from patients who entered the unit, some with serious injuries.

The law passed this year notes that "the practice of martial arts aimed at promoting physical activities and vehicles for the transmission of cultural and ethical values ​​has undeniable social and cultural importance in any society, especially in the young."

However, according to the preamble, "when deviant from the ends that are natural to it, the practice of martial arts can threaten social peace and individual and collective security" and "certain techniques used in the practice and teaching of martial arts pose dangers to health and physical integrity for its practitioners and practitioners. "

The text also states that "in addition to diverting the martial arts from its ends, some segments of society have introduced the use of weapons in the practice of martial arts, of which the ambon dart stands out."

It should be noted that clashes between rival groups of martial arts have caused specific problems in East Timor, being responsible for several deaths and injuries and for the destruction of property.

The authorities note that the actions of these groups represent the greatest security threat in the capital and other areas of the country.
Related Posts Plugin for WordPress, Blogger...