07 April 2021

Husband accused of incestuous rape released on bail murders wife

East Timor law reports - JSMP - Suai District Court - Administration of justice - rape - incest - murder - Pre-trial detention - Bobonaro



The Courts of East Timor struggle to apply the law. In this case, JSMP warns that the failure to put persons accused of serious crimes behind bars, not on bail (pre-trial detention), resulted in an opportunity for the accused to murder his wife who was a witness to the alleged rape of their daughter. 


On 23 March 2021, JSMP issued a press release concerning a matter in the Suai District Court.


It is a case involving the social problem of incest and sexual violence. The wife accused her husband of raping their daughter, the husband was put on bail pending the determination of the incest rape charge. 


As JSMP notes, the Court failed to impose pre-trial detention in a case of sexual abuse categorised as incest”. 


On 3 March 2021 at 7:00 am., the defendant went to his house and saw the victim cleaning the inside of a kiosk and the defendant approached the victim with a machete and small spear that he took from the victim’s house. 


The defendant used the machete to slash the victim once on her side so the victim fled but the defendant followed her and used the small spear to stab the victim in the chest which caused her death.


JSMP regrets the court’s decision that was issued after the first questioning to apply coercive measures against the defendant DP only ordering him to report once every two weeks in relation to him being charged with raping his daughter, because after these coercive measures were applied on 3 March 2021 the defendant committed the crime of aggravated homicide against his wife who was a witness in the rape case against their daughter, which occurred in Bobonaro Municipality. 


In this case the defendant stated that he killed the victim because the victim made a complaint accusing the defendant of committing rape against their daughter (incest). 


JSMP believes that this case mirrors what has happened in other cases in the past, where victims and witnesses are always pressured and threatened by defendants and there is a high likelihood that defendants will commit another crime. Therefore, JSMP requests for the courts to consider all of the risks and circumstances in order to apply strict coercive measures in cases where such risks are present,” said Ms. Ana Paula Marçal, Executive Director of JSMP.


JSMP explains that the Criminal Procedure Code (CPC) “clearly sets out the requirements that allow for the application of coercive measures in the form of pre-trial detention....The CPC states that pre-trial detention should be applied if the defendant has committed a crime punishable with imprisonment exceeding three years. 


“In this case the failure to apply appropriate coercive measures resulted in the defendant killing his wife, who was a witness who could have provided truthful evidence to the court, however the witness lost her life.”


These circumstances pose a significant challenge to the courts to ensure the faith of the community in the formal justice process, if the courts don’t apply measures to ensure the safety of the parties involved in proceedings.


On 5 March 2021 the Suai District Court conducted the first questioning of the defendant in relation to the crime of aggravated homicide committed against his wife. 


During this hearing the defendant stated that he killed the victim because the victim made a complaint against the defendant for the crime of rape against their daughter and when the defendant asked for money from the sale of a pig the victim did not want to give it to him and swore at the defendant. 


After hearing from the defendant, the Public Prosecution Service requested for the court to apply coercive measures in the form of pre-trial detention against the defendant for the crime of aggravated homicide characterised as domestic violence allegedly committed by the defendant which carries a sentence of more than three years in prison. The defence requested for the court to apply coercive measures against the defendant ordering him to periodically report to the authorities because the defendant needed to sustain their other children. After hearing from the parties, the court decided to apply coercive measures against the defendant in the form of pre-trial detention.


This case was registered by the court as Case Number 0002/21/BBBGD, and the first questioning was presided over by judge Patricia de Araújo F. B. M. Xavier. The Public Prosecution Service was represented by José Elo, and the defendant was represented by Domingos dos Santos from the Office of the Public Defender.

ETLJB Resumes periodic publication

Image East Timor flag

ETLJB has resumed periodic publication.

Case Summary Oekusi District Court Reports February 2021 by JSMP

Image East Timor District Court Seal

East Timor’s Judicial System Monitoring Programme (JSMP) is the only source of English language reports of any kind on proceedings before the Courts in East Timor. Here is a list of cases reported by JSMP. A superficial analysis does indicate that domestic violence continues to be a widespread social problem in East Timor, despite the Legislature’s intentions to suppress violence against women and children by men by special legislation.

Why does domestic violence continue unabated? Where are the foreign donors supporting the government and civil society such as JSMP and Pradet? Donors boast of their contributions in money terms but does that funding translated into social transformation? It is clearly not enough.

In the case of domestic violence, incest, the sexual assault of children, infanticide, rape, unwed young mothers and discrimination and violence against gay East Timorese citizens and people with disability, international NGO’s sit silent. I have not seen any studies on incest and the sexual assault of children other than what JSMP has focused on in the Court reports.

Perhaps the government and the Legislature need to look away from any transplanted laws and find new ones that will trigger democratic social transformation by legislation enacted as the will of the people: the protection of the vulnerable.

Short description of the trial proceedings and decisions in these cases before the Oekusi District Court in February 2021. I have emphasised the words “domestic violence” wherever appearing. Eight of the fourteen cases involved domestic violence.

1. Civil case of divorce

Case Number : 0017/20.CVTDO

2. Crime of reciprocal offences against physical integrity

Case Number : 0122/20.OESIC

3. Crime of simple offences against physical integrity

Case Number : 0010/20.OEOSL

4. Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0087/20.OESIC

5. Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0127/19.OESIC

6. Civil case of divorce

Case Number : 0007/20.CVTDO

7. Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0090/20.OESIC

8. Negligent offences against physical integrity

Case Number : 0021/19.OEOSL

9. Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0037/19.OEBCN

10.Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0112/20.OESIC

11.Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0109/20.OESIC

12.Crime of driving without a license

Case Number : 0014/20.OESTR

13.Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0025/19.OEBCN

14.Crime of simple offences against physical integrity characterized as

domestic violence

Case Number : 0190/19.OESIC