31 July 2016

East Timor Sexual Violence Report Final English Version

ETLJB Source: East Timor Judicial System Monitoring System 

Sumário Executivo: Acusações, Julgamentos e Condenações em casos de violénsia sexual em Timor-Leste 2012-2015

ETLJB 31 July 2016 Source: JSMP East Timor

Sumário Executivo: Acusações, Julgamentos e Condenações em casos de violénsia sexual em Timor-Leste 2012-2015

A violência sexual é uma questão problemática para raparigas e mulheres em Timor-Leste. Estudos têm mostrado que um grande número de mulheres Timorenses experienciou violência com base no género, incluindo violência sexual, durante a sua vida. Um estudo conduzido em 2015 pela Asian Foundation concluiuque 34 por cento das mulheres Timorenses com idades compreendidas entre os 15 e os 49 experienciou violência sexual ao longo da vida. Quarenta e um por cento experienciou este tipo de violência através de um parceiro íntimo, sendo que 14 por cento das mulheres foram violadas por um parceiro não íntimo.

East Timor court imposes penalty of 6 years 8 months prison in case of sexual abuse of minor aged 4 years

ETLJB Source: East Timor Judicial Monitoring Program Press Release Dili District Court 22 July 2016

The court imposes a penalty of 6 years 8 months prison against defendant in case of sexual abuse against a minor aged 4 years 

JSMP: This decision is far from providing justice for the victim

JSMP is concerned with the decision issued by the Dili District Court in a case of sexual abuse against a minor, involving a four-year-old victim, which was decided on 13 July 2016. The court sentenced the defendant to 6 years 8 months jail after he was found guilty of committing the crime of sexual abuse against the victim on 03 May 2015, at 2pm, in Liquica District.

“This decision falls well short of providing justice for the victim who is still very young and this decision shows that the court has failed to understand the circumstances of children at such an age,” said the Executive Director of JSMP, Luis de Oliveira Sampaio.

JSMP believes that this sentence does not reflect the maximum penalty available, which should have been aggravated, and resulted in a sentence of 26 years 6 months in prison. However, the most important thing is that this sentence is unfair because the crime was committed against a minor and it should never have happened. In this case the court only chose the most lenient sentence of 6 years 8 months in prison to punish the defendant.

The court concluded that the defendant was guilty for violating Article 177 (1) of the Penal Code for practicing vaginal, anal or oral coitus with a minor aged less than 14 years.

The court found the defendant guilty of committing sexual abuse against the victim based on the facts stated in the indictment, the testimony of the victim and the testimony of two witnesses. Also, there was written evidence from the hospital that showed there were lacerations on the genitals of the victim.

The Public Prosecutor alleged that the defendant invited the victim who was playing in her aunt's house to go and pick guava. The victim agreed and they started across the river. When they arrived in the middle of the river the defendant asked the victim to have sexual intercourse but the victim said she didn't want to. The defendant then forced the victim to remove her clothing, put his finger in the victim's vagina, grabbed the victim and rubbed his genitals on the genitals of the victim. After that the defendant ordered the victim to clean her body (bathe) in the river. These acts caused the victim to suffer pain to her genitals.

After returning from the river, the victim told her aunt about the incident and what the defendant did to the victim and her aunt reported it to the police.

Children belong to an extremely vulnerable category of people and it is very easy for them to be targeted by criminals. Therefore, JSMP requests for sentences to be proportional to the actions of defendants to contribute towards preventing similar crimes in the community and show that the State strongly opposes such crimes and imposes heavy penalties for any forms of sexual violence against children.

Timor-Leste has ratified the Convention on the Rights of the Child to protect children’s rights. Article 19 of this Convention says that “State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.”

Also, Article 34 of this Convention says that State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.

Timor-Leste is a State Party to the Convention and is obliged to protect children. In this case, the State through the courts has the obligation to protect victims during the entire process, from the time of the preparation of the indictment, the examination of evidence and the decision.

JSMP is also concerned with the way the Public Prosecutor has described and presented the legal facts in his indictment. The Prosecutor’s indictment states that the defendant asked the victim to have sexual intercourse. In JSMP's opinion, a child aged 4 years old could not possibly have the ability to understand conversations like an adult.

JSMP believes that both the Public Prosecutor and the courts have failed to understand the circumstances of children and their immaturity, and how to use appropriate language in the legal process that matches their capacity and understanding.

JSMP considers that this penalty is very lenient and does not reflect the seriousness of the psychological suffering of the victim. Therefore, JSMP requests for the Public Prosecutor to lodge an appeal against this decision.

This case was registered as Case No.0054/15.LILIQ.The decision was read out by judge Fransisca Cabral representing a panel of judges. The Public Prosecution was represented by Nelson de Carvalho and the office of the public defendant was represented by Manuel Sarmento. 

For more information please contact:

Luis de Oliveira Sampaio
Executive Director of JSMP
E-mail: luís@jsmp.minihub.org
Telefone: 3323883 |77295795
Facebook: www.facebook.com/timorleste.jsmp

Visions of prosperity and conspiracy in Timor-Leste

ETLJB 31 July 2016 Source: Academia In Timor-Leste, visions of radical societal transformation and future wealth derived from gold and oil are accompanied by concerns that outsiders might be conspiring to rob the country of its riches, as well as conjuring up dysto-pian scenarios of sinister plots and future mayhem. Examining national narratives and local accounts, this article argues that visions of prosperity and visions of conspiracy are two sides of the same coin; both are embedded in an understanding that power works in invisible ways. In discussing these visions in relation to the literature on " conspiracy theories "..

https://www.academia.edu/keypass/NTRCNHRGUzNBRWlzYzBLNzQvUkMvaWxsTW13dVBKVXJ0WWd2THVWamt6Yz0tLUN1MW9WVXpDWXY2OWNCZlp5dEdmVmc9PQ==--1dd4dce4d18b9f762eddd7ad7674e4d233c47b82/t/a-K0GVaJ2-T5Vug/26367283/Visions_of_prosperity_and_conspiracy_in_Timor-Leste?auto=download&campaign=weekly_digest

14 July 2016

Meeting of the Council of Ministers of 31 May 2016

ETLJB 14 July 2016 Source: Government of East Timor DILI, MAY 31ST , 2016 PRESS RELEASE Meeting of the Council of Ministers of May 31st , 2016 The Council of Ministers met this Tuesday, at the Government Palace in Dili, and approved:

1. Government Resolution on Public Service uniforms The adoption of a Public Service uniform, to be used on national dates and official ceremonies, aims to dignify the Administration’s work, highlight a spirit of nationalism and contribute to the development of the esprit de corps of staff. It also aims to preserve and disseminate the historical-cultural heritage of the Tais patterns (traditional Timorese cloth), incorporated in the proposed design. The submitted uniform designs were studied and approved by a technical team, including DirectorsGeneral, National Directors and heads of department from five institutions – the Civil Service Commission, the Ministry of Tourism, Arts and Culture and the Secretariats of State for the Support and Socio-Economic Promotion of Women, Youth and Sport, and Arts and Culture.

2. Second amendment to Decree-Law no. 27/2008 on the Public Administration’s General Careers Regime This diploma readjusts the salaries and wages of the employees of the Civil Servant’s General Careers Regime, which has not been updated in 7 years. The realignment of the General Career Regime also aims to avoid the unnecessary proliferation of special career schemes, which is detrimental to the harmony of the Public Service system. The Public Administration Reform determined by the Government Programme aims to improve professionalism and productivity in the Public Service. The development of new legislation, starting with this amendment to the General Careers Regime, also considers the adoption of the contribution to the pension scheme and retirement pension. An increase in the number of leadership positions in the Public Administration has also led to the creation of a system for service commissions, which will now integrate their own regime. Therefore the previous provisions, which dealt with leadership positions, has been repealed.

3. Decree-Law on Leadership Positions Regime in the Public Administration The Public Administration of Timor-Leste, due to its size and complexity, requires the establishment of specific rules for directors and chiefs. The service commission positions were, until now, regulated within the framework of the General Career Regime. It was decided, now, to separate the systems and to establish some special requirements for the exercise of leadership positions. This diploma establishes the framework of personal skills required from candidates for these positions of leadership. It also regulates the conditions for renewal and termination of service commissions, ensuring better work conditions for employees.

The Council of Ministers also examined:

1. Career Regime for the Senior Professionals in the Public Administration The Civil Service Commission proposes the introduction of a specific career to senior professionals, which, according to their qualifications and experience, will have their own regime.

Meeting of the Council of Ministers of 7 June 2016

ETLJB 14 July 2016 Source: East Timor Government  DILI, JUNE 7 TH , 2016 PRESS RELEASE Meeting of the Council of Ministers of June 7th, 2016

The Council of Ministers met this Tuesday, at the Government’s Palace in Dili, and examined:

1. Fiscal ceiling for 2017 The Ministry of Finance presented several budget implementation scenarios for 2017, in accordance with the recommendations of the Council of Ministers’ meeting of May 24th. 

The projects financed by the Infrastructure Fund were analysed, in order to evaluate the amounts for the 2017 budget. The presented scenarios are intended to guide the ministries in the preparation of their annual plans and respective budgets, which take into account factors such as the Strategic Development Plan (SDP), the Government Programme, budgetary execution, inflation, fiscal sustainability and the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development, adopted by the National Parliament last September. Funding national priorities for 2017 were discussed, in particular regarding agriculture, health, education, water, sanitation and infrastructure, and impact of elections to be conducted in 2017 were carefully considered.

2. Order from the Director General of the Ministry of Public Works, Transport and Communications The Council of Ministers decided to repeal the Order of the Director General of the Ministry of Public Works, Transport and Communications concerning the meeting of May 18th , between the Deputy Minister of Public Works, Transport and Communications and the representatives of the airlines that operate flights Dili - Denpasar - Dili, which set the minimum and maximum tariffs.

3. Reference Hospital in the Baucau Municipality With the completion of works at the Reference Hospital in the Baucau Municipality, the Council of Ministers examined some questions concerning the inauguration of this infrastructure, which will take place soon. The Hospital will receive the name of nurse Eduardo Ximenes, suggested by the local authorities. It was also decided that the signature of the Hospital plaque will fall to the Minister of Health and that local authorities will also have a plaque in recognition of the land and support given to the construction of this important health infrastructure.

4. Meeting of Timor-Leste’s Development Partners The Ministry of Finance submitted to the Council of Ministers the proposed agenda for the meeting of Timor-Leste’s Development Partners, which will take place next month. This year the theme is: "Financing for sustainable development in Timor-Leste". This annual meeting with development partners, organised by the Government, aims to share its vision for the future, articulate the medium-term priorities and reflect on the progress made in national development.

Meeting of the Council of Ministers of 14 June 2016

ETLJB Source: Government of East Timor DILI, JUNE 14TH, 2016 PRESS RELEASE Meeting of the Council of Ministers from June 14th, 2016

The Council of Ministers met this Tuesday, at the Government Palace in Dili, and approved:

1. Amendment of Government Resolution N. 10/2014, of April 9th, which creates the National Commission for the Implementation of Measures to Combat Money Laundering and Financing of Terrorism After the Minister of Justice presented the first National Risk Assessment of Money Laundering and Terrorism Financing (AML/TF), the Council of Ministers approved an amendment to the Government Resolution N. 10/2014, of April 9th.

The amendment aims to increase the operability of all responsible bodies. It was considered necessary to include other bodies dealing directly with cross-border activities and criminal phenomena. The Ministers of Justice, Finance, Foreign Affairs and Cooperation, and Interior, as well as the Public Prosecutor of the Republic, Governor of the Central Bank, Anticorruption Commissioner, President of the Civil Service Commission, PNTL Commissioner, National Director of the PCIC, Executive Director of the Financial Intelligence Unit, Executive Coordinator of SERVE, Director Generals of the Migration Services, Taxes, and Customs, are now all part of the National Commission for the Implementation of Measures to Combat Money Laundering and Financing of Terrorism (in Portuguese CNCBC).

2. National Strategic Plan to Combat Money Laundering/Financing of Terrorism The Council of Ministers approved the document setting out the National Strategic Plan to Combat ML/TF, submitted by the Minister of Justice, who presides over the National Commission for the Implementation of Measures to Combat Money Laundering and the Financing of Terrorism. This Plan stems from the risk assessment process on Timor-Leste, carried out in 2012 by the Asia Pacific Group pcm.gov.tl@gmail.com (+670) 33 310 608 (APG). The Plan intends to implement, sequentially, several measures which help to achieve the National Strategic Objectives 2016-2020, to reinforce the fight against money laundering and terrorism financing.

3. The Government Resolution that assigns the name to the Reference Hospital in the Municipality of Baucau After analysis during the meeting of the Council of Ministers of June 7th, 2016, the Council of Ministers assigned to the Regional Hospital of Baucau the name: the Regional Hospital Eduardo Ximenes, in homage to the Eduardo Ximenes, a nurse, political activist and martyr of the national liberation struggle.

4. Decree-law on the 1st Amendment to Decree-Law N. 7/2014, of April 12th, on the Statute of the Military of the Armed Forces This first amendment to the Decree-law approved at the meeting of the Council of Ministers on July 16th, 2013 focuses on the renewal of the mandate of the Chief of Staff, which up to now was limited to two mandates. With this approval, provisionally and exceptionally, the mandate may be renewed for a third term.

5. Technical Agreement on "Smallholder cattle enterprise development in Timor-Leste" The Council of Ministers approved the technical agreement between the Ministry of Agriculture and Fisheries (MAP) and the Australian Centre for International Agricultural Research, related to the Memorandum of Understanding on technical cooperation signed with Australia in 2003. This five-year agreement aims to increase the incomes of cattle producers and market intermediaries in Timor-Leste. The University of Queensland (Australia), MAF, National University of Timor-Lorosa'e and the University of Mataram (Indonesia) are involved in this project.

Meeting of the East Timor Council of Ministers of 22 June 2016

ETLJB 14 July 2016 Source: Government of East Timor -  DILI, JUNE 22ND , 2016 PRESS RELEASE Meeting of the Council of Ministers of June 22nd , 2016 The Council of Ministers met this Wednesday, at the Government Palace in Dili, and approved the Draft Law for the First amendment to Law N. 1/2016, of January 14th , which approves the General State Budget for 2016.

The Draft Law allows for a rectified budget needed to give continuity to vital infrastructure projects that are moving quicker than expected. An increase in the development capital budget in 2016 through a rectified budget will prevent a budgetary burden for 2017 and avoid possible delay in the progress of large essential projects.

The Government considers that this measure will accelerate the economic benefits to the country and contribute to economic diversification. -ENDS-

11 July 2016

Summary of the trial process at the Oe-cusse District Court February 2016

ETLJB 11 July 2016 Source: Judicial System Monitoring Program Case Summary Oe-cusse District Court February 2016

Summary of the trial process at the Oe-cusse District Court

Short summary and description of trials and decisions

1.      Crime of simple offences against physical integrity and unlawful entry

Case No.                                 : 202/krime/2015/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Mateus Nessi
Public Defender                      : Calisto Tout
Conclusion                              : Sentenced to 1 year in prison, suspended for 1 year and 6 months.

On 5 February 2016 the Oecusse District Court conducted a hearing to announce its’ decision in a case of simple offences against physical integrity and unlawful entry onto another person's property involving the defendant Maria Loca and the victim Lucia Ena who was a neighbor of the defendant. This case allegedly occurred in Naimeco Village, Nitibe Sub-District, Oecusse District.

The court found that the defendant did in fact commit the crime as stated in the prosecutor’s indictment and based on the testimony of the defendant and the victim. In addition, this was corroborated by a medical report about the violence committed by the defendant against the victim.
During the previous hearing, the public prosecutor alleged that on 15 September 2015, at approximately 4pm, the defendant went to the home of the victim. The defendant told the victim’s daughter to go and call the victim from the plantation because the defendant was going to burn down the home of the victim.

When the victim arrived from the plantation, the defendant approached and choked her, bit her finger and caused an injury to the victim’s finger. The defendant then twice punched the victim on her cheek, pulled the victim’s hair and right cheek. The victim ran inside the house and the defendant followed her inside the room and pushed her; however the defendant did not hit the victim. This case allegedly occurred because the victim and the defendant's daughter had an argument.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code on simple offences against physical integrity and Article 185 of the Penal Code on unlawful entry. A hospital report and photos from PNTL were also presented in this case.

During the trial, the defendant denied punching the victim however after the court confronted the defendant with the medical report, and the defendant then testified and admitted the facts listed in the prosecutor’s indictment.

In his final recommendations, pursuant to Article 145 and 185 of the Penal Code, the public prosecutor requested for the court to impose a penalty of 5 years in prison against the defendant because she admitted her actions, and the defendant had tried to lie to the court.
Meanwhile the public defender requested for the court to impose an appropriate penalty in accordance with the guilt of the defendant because the defendant admitted the facts and regretted her actions, and she has 8 children and until now the defendant has not repeated her actions against the victim or another person.

After evaluating the facts and the final recommendations of the public prosecutor and public defender, the court concluded this matter and sentenced the defendant to 1 year in prison, suspended for 1 year and 6 months.

2.      Crime of simple offences against physical integrity characterized as domestic violence and making threats
Case No.                                 : 203/krime/2015/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Ricardo Godinho Leite
Public Defender                      : Calisto Tout
Conclusion                              : Effective prison sentence of 1 year and 6 months

On 10 February 2016 the Oecusse District Court conducted a hearing to announce its decision in a case of simple offences against physical integrity characterized as domestic violence involving the defendant CP who allegedly committed the offences against his wife. This case allegedly occurred in Oecusse District.

The court proved that the defendant struck the victim on her left side with a piece of wood, punched her once on her left eye and once on the head. The defendant also threatened that he would only be happy if he killed the victim.

The actions of the defendant made the victim feel afraid and she did not want to live together with the defendant.

The court also proved that the defendant had often struck the victim before this case occurred. The court proved these facts based on the testimony of the defendant, the victim and a medical report from PRADET and photos from the VPU-PNTL.

During a previous hearing the public prosecutor alleged that on 6 September 2015, at approximately 10am, the defendant struck the victim on her left side with a dry piece of wood and the victim fled to her parents’ house for 4 days. These actions caused the victim to suffer swelling to her side. This case allegedly occurred because the victim did not want the defendant to tell their son who had just got home to go and fetch grass to feed the buffalo.

On 10 September 2015 the victim returned home, the defendant was sitting in front of the door and did not allow the victim to enter the house. After that the defendant punched the victim once above the eye and once in the head. The defendant threatened the victim by saying that “one day I will kill you and only then I will be satisfied”. The victim felt afraid and has been living with her family until now.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code on simple offences against physical integrity as well as Articles 2, 3 and 35 (b) of the Law Against Domestic Violence and Article 157 of the Penal Code on making threats. In this case a medical report from PRADET and photos from the VPU-PNTL were provided.

During the trial, the defendant admitted several of the facts and testified that the victim himself refused to enter the house. The defendant also denied that he did not threaten the victim. The victim corroborated the facts set out in the indictment of the public prosecutor.

The witness PO, who is the niece of the defendant, was summoned as a witness and decided not to provide testimony against the defendant because she is related to the defendant.

In his final recommendations the public prosecutor considered that all of the facts had been proven based on the confession of the defendant and testimony of the victim, so he requested for the court to impose a suspended prison sentence of 1 year 6 months.

The public defender requested for the court to impose an appropriate penalty in accordance with the wrongdoing of the defendant, because the defendant admitted several of the alleged facts, regretted his actions and after the incident the defendant has not committed any further crimes against the victim or anyone else.

After evaluating the facts and the final recommendations of the public prosecutor and public defender, the court concluded this matter and sentenced the defendant to 1 year and 6 months in prison.

3.      Crime of reciprocal offences against physical integrity
Case No.                                 : 12/krime/2016/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Ricardo Godinho Leite
Public Defender                      : Sesaltina D. C. Freitas
Type of decision                     : The defendant FdCM was ordered to pay a fine of US$90.00 and the defendant JE was acquitted.

On 10 February 2016 the Oecusse District Court read out its decision in a case of reciprocal offences against physical integrity involving FdCM and JE who are husband and wife. This case occurred in Oecusse District.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Articles 2, 3 and 35 (b) of the Law Against Domestic Violence. However after hearing testimony from the defendant and the victim, the court amended the charge to Article 151 of the Penal Code on reciprocal offences against physical integrity.

The court proved that the defendant was suspicious of her husband contacting another woman via Facebook. The defendant threw a stone at her husband and struck the left hand of her husband with a curtain rod. Her husband was unhappy with this and kicked the victim once in the back and pushed her to the ground.

During the trial the husband of the defendant testified that he did not kick his wife but only pushed her over so that she would not be able to strike him again. The defendant admitted all of the facts in the indictment.

The public prosecutor alleged that on 31 October 2015 at approximately 9am, the defendant twice threw a rock striking the victim on the left side of his stomach, and threw a rock at his hand and struck the victim with a piece of wood. The defendant then scratched the face of the victim, the left side of his neck and his back. The defendant also struck the right hand of the victim with a curtain rod. Therefore, the victim was unhappy and he kicked the defendant in the back and pushed her over and this caused the defendant to hit her head on the ground and suffer an injury. This case allegedly occurred because the defendant suspected her husband of contacting another woman via Facebook.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Articles 2, 3 and 35 (b) of the Law Against Domestic Violence.

In his final recommendations, based on the aforementioned amendment, the public prosecutor requested for the court to impose a penalty of 6 months in prison, suspended for 1 year against the defendant JE and for the defendant FdCM to be sentenced to 1 year in prison, suspended for 2 years, because the two defendants were guilty of committing the crimes of hurting each other.

The public defender requested for the court to acquit the defendant JE because the defendant had acted in legitimate self-defense and in relation to the defendant FdCM, he requested for the court to impose an appropriate penalty in accordance with his wrongdoing.

After evaluating the facts and the final recommendations of the public prosecutor and public defender, the court concluded this matter and ordered the defendant FdCM to pay a fine of US$90, to be paid in daily instalments of US$1 for 90 days. The court found the defendant guilty of committing the crime of making threats and simple offences against physical integrity and of hurting her husband JE who also hurt her.

The court also stipulated an alternative punishment of 60 days jail if the defendant does not pay the aforementioned fine. In relation to the defendant JE, the court acquitted him because the defendant acted in legitimate self-defense.

4.      Crime of making threats
Case No.                                 : 14/krime/2016/TDO
Composition of judges            : Single
Judge                                       : Eusébio Xavier Victor
Public Prosecutor                    : Mateus Nessi
Public Defender                      : Afonso Gomes Fatima
Type of decision                     : Acquitted

On 25 February 2016 the Oecusse District Court conducted a hearing to announce its decision in a case of threats involving the defendant Antonio Tefa and the victim Pedro Neno. This case allegedly occurred in Lifau Village, Pante-Makassar Sub-District, Oecusse District.

The court found that the defendant was not proven guilty of committing the crime of making threats against the victim, in accordance with the wording of the indictment, namely: ‘... I will slash you until you are dead if I see you walking alone on the main road”. Because the victim himself testified that he did not feel afraid and felt that he was free to carry out his work like normal.

In addition, the testimony of the victim and the witness Batista Sasi did not match. The victim testified that the defendant did not manage to hit him, however the witness Batista Sasi testified that they fought and he separated the victim and the defendant. Therefore, the court did not find evidence about the beating carried out by the defendant against the victim.
On the other hand, the court found other new evidence, that before this crime occurred the victim and the witness had been surreptitiously measuring the land of the defendant.

The public prosecutor charged the defendant with violating Article 157 of the Penal Code on making threats.

During the trial the defendant denied all of the alleged facts against him and said that he did not threaten the victim. The victim also confirmed that the defendant did threaten him however after the incident the victim did not feel afraid and was free to move around and carry out his work like normal.

In his final recommendations the public prosecutor requested for the court to impose a penalty pursuant to Article 157 of the Penal Code because the defendant was found guilty of committing the crime of making threats against the victim during the trial, and the defendant denied all of the facts alleged against him.

On the other hand, the public defender requested for the court to acquit the defendant from the charges. However if the court decides otherwise, then the public defender requests for the court to provide justice for the defendant because the public defender believed that the defendant did not intend to make threats and if he did make threats the victim would not have moved around freely and carried out his work like normal.

After evaluating these facts and the final recommendations of the public prosecutor and public defender, the court concluded the matter and acquitted the defendant from the charges of the public prosecutor.

5.      Crime of simple offences against physical integrity
Case No.                                 : 131/krime/2015/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Mateus Nessi
Public Defender                      : Calisto Tout
Conclusion                              : The defendant Miguel da Cunha was issued with an admonishment and the defendant Domingos da C was acquitted.

On 29 February 2016 the Oecusse District Court tried a case of simple offences against physical integrity involving the defendants Miguel da Cunha and Domingos da C Anuno against the victim Marcos Oqui who was the driver’s assistant on a minibus. This case allegedly occurred in Cunha Village, Pante-Makassar Sub-District, Oecusse District.

The public prosecutor alleged that on 27 January 2015, at approximately 15:30, the defendant Miguel choked the victim from behind and the defendant Domingos held the victim’s two hands tightly and the defendant Miguel punched the victim once above the eye and slapped the victim once on his right cheek. This case allegedly occurred because of an argument between the two defendants and the victim about the minibus fare.
The public prosecutor charged the two defendants for violating Article 145 of the Penal Code regarding simple offences against physical integrity.

Before the trial the two defendants were detained in PNTL cells for 72 hours because the two defendants did not obey the summons of the court and did not provide a reason.

During the trial, the defendant Miguel admitted some of the facts and said he only punched the victim once above the eye. The defendant Domingos totally denied all of the facts listed in the indictment of the public prosecutor. The court did not hear testimony from the victim because he did not appear in court.

The witness Leonardus Manuel Soares, who was the driver of the minibus, testified that he did not see the aforementioned criminal act.

In his final recommendations the public prosecutor requested for the court to impose a penalty pursuant to Article 145 of the Penal Code against the two defendants, although the defendant Miguel da Cunha only admitted some of the facts and the defendant Domingos da C denied all of the facts.

The public defender requested for the court to impose a fair penalty against the defendant Miguel because he testified that he only hit the victim once and in relation to the defendant Domingos, the public defender requested for the court to acquit him because he did not commit the crime against the victim.

After evaluating the entire case, the court concluded the matter and imposed a suspended sentence against the defendant Miguel and acquitted the defendant Domingos from the aforementioned criminal charges.

6.      Crime of simple offences against physical integrity, characterized as Domestic Violence.
Case No.                                 : 31/krime/2016/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Ricardo Godinho Leite
Public Defender                      : Afonso Gomes Fatima
Conclusion                              : Sentenced to 6 months imprisonment, suspended for 1 year

On 29 January 2016 the Oecusse District Court tried a case of simple offences against physical integrity characterized as domestic violence, involving the defendant JL who allegedly committed the offence against his wife. This case occurred in Oecusse District.

The public prosecutor alleged that on 28 November 2015 at approximately 12:00 midday, the defendant kicked the victim once in the forehead causing her to fall to the ground, and punched her once on her right ear and grabbed the hair of the victim and threw her to the ground. This case allegedly occurred because the victim asked the defendant “why did you come”, when the defendant followed the victim to her parent’s house.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Articles 2, 3 and 35 (b) of the Law Against Domestic Violence. In this case a medical report from PRADET and photos from the VPU-PNTL were provided.

During the trial, the defendant admitted all of the facts and testified that he regretted his actions. In addition, the victim maintained the charges of the public prosecutor.

In his final recommendations the public prosecutor considered all of the facts to have been proven based on the confession of the defendant and the confirmation of the victim, therefore he requested for the court to impose a penalty of 6 months imprisonment, suspended for 1 year. The public defender considered the mitigating and aggravating circumstances against the defendant, and requested for the court to provide justice.

Based on all of the facts deduced during the trial, the court decided this matter and sentenced the defendant to 6 months in prison, suspended for 1 year.

7.      Crime of simple offences against physical integrity, characterized as Domestic Violence.
Case No.                                 : 32/krime/2016/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Mateus Nessi
Public Defender                      : Afonso Gomes Fatima
Conclusion                              : Sentenced to 1 year in prison, suspended for 1 year and 6 months.

On 29 February 2016 the Oecusse District Court tried a case of simple offences against physical integrity characterized as domestic violence, involving the defendant AdA who allegedly committed the offence against his wife. This case occurred in Oecusse District.

The public prosecutor alleged that on 1 December 2015, at approximately 2pm, the defendant punched the victim once on the back of her neck. The defendant then took a crowbar to strike the victim but did manage to do so because the neighbor SM grabbed the crowbar. Nevertheless, the defendant then struck the victim once on the right cheek, choked and threw her on the ground. After the victim stood up, the defendant kicked her once on her right ear and yanked the victim’s hair and pushed her to the ground. These acts caused the victim to suffer pain.

The public prosecutor charged the defendant for violating Article 145 of the Penal Code regarding simple offences against physical integrity, as well as Articles 2, 3 and 35 of the Law Against Domestic Violence. In this case a medical report from PRADET and photos from the VPU-PNTL were provided.

During the trial the defendant admitted all of the facts and regretted his actions and the victim maintained the facts listed in the prosecutor’s indictment.

In his final recommendations the public prosecutor considered the facts produced during the trial, such as the testimony of the defendant and confirmation from the victim regarding the existing facts, and requested for the court to impose a penalty pursuant to Article 145 of the Penal Code as well as Articles 2, 3 and 35 (b) from the Law Against Domestic Violence.

The public defender considered the mitigating and aggravating circumstances and requested for the court to provide justice.

After hearing the final recommendations of the parties, the court immediately concluded this matter and sentenced the defendant to 1 year in prison, suspended for 1 year and 6 months. The court also ordered the defendant to pay court costs of US$ 20.00.

8.      Crime of theft
Case No.                                 : 33/krime/2016/TDO
Composition of judges            : Single
Judge                                       : João Ribeiro
Public Prosecutor                    : Ricardo Godinho Leite
Public Defender                      : Afonso Gomes Fatima
Conclusion                              : Settlement was validated

On 29 February 2016 the Oecusse District Court tried a case of theft involving the defendants Paulo Fanu, Francisco J. Hornai, Domingos Banu, Marcelino Oqui, Jose Sani, Pedro Pala, Domingos Tani and Mateus T. Elu who allegedly committed the offence against the victim Krisanto Kolo. This case allegedly occurred in Lifau Village, Pante-Makassar Sub-District, Oecusse District.

The public prosecutor alleged that on 23 June 2015, at approximately 3pm, the defendants chased and killed the victim’s buffalo, and then the defendants took it away in a truck and unloaded it in a rice field and they then cut up and divided the buffalo. The defendants killed the buffalo because they suspected that the victim’s buffalo often went into their rice field and ate and damaged their rice seedlings.

The public prosecutor charged the defendants for violating Article 251 of the Penal Code on theft.

During the hearing the defendants admitted their guilt and apologized to the victim. The defendants agreed to pay compensation for the loss of the victim and the defendants agreed to pay back US$500.00. The victim agreed with this amount and forgave the defendants and therefore requested for the court to withdraw the case.

The court decided not to hear witness testimony because the victim and the defendants agreed to reconcile and wanted to withdraw the case.

In his final recommendations, the public prosecutor and public defender agreed with the peaceful settlement between the two parties and requested for the court to validate this settlement.
Based on the agreement between the two parties and the victim’s request to withdraw the case, the court then validated this settlement.

Case summary is made possible by the generous support of the American people through the United State Agency for International Development (USAID) under the terms of its Cooperative Agreement Number AID-486-A-13-00007 for the Ba Distrito program in Timor-Leste, implemented by the Lead Agency Counterpart International and its partners. The contents and opinions expressed herein are the responsibility of JSMP and do not necessarily reflect the views of USAID or the United States Government.”
ENDS
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