28 April 2018

Celebration of JSMP's XVII Anniversary

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU
Press Release 27 April 2018 Celebration of JSMP's XVII Anniversary:

JSMP Launches its 2017 Annual Justice Sector and Legislative Sector Report - 2017 JSMP Institutional Report and Announces the Results of a Competition to Write Gender Sensitive News

The celebration of JSMP's XVII anniversary, which falls on 28 April, will actually take place on 27 April 2018, and will be accompanied by the launch of the 2017 Overview of the Justice Sector Annual Report, the 2017 Parliamentary Watch Report (POP), and the 2017 JSMP Institutional Report. Also, the results of a Competition to write gender sensitive news will be announced.

Like previous years, JSMP has an institutional tradition to commemorate JSMP's anniversary with the launch of its regular monitoring reports on important developments and challenges in the judicial and legislative sector for the public of Timor-Leste which is a way to contribute to the development of these two key sectors.

“The celebration of this year's anniversary is a little bit different because it also includes a competition to write gender sensitive news involving journalists from the print and online media,” said Luis de Oliveira Sampaio, Executive Director of JSMP.

The competition to write gender sensitive news is collaboration between JSMP, the Secretariat of State for Gender Equality and Social Inclusion and the Press Council.

This competition was set up with the aim of promoting the knowledge of journalists on how to write and publish news that is gender sensitive and avoid language that tends to further strengthen a culture of violence against women.

JSMP observed that many headlines use language that reflects a ‘gender bias’ and is full of discrimination against women and girls. This competition serves as a means to promote public awareness to eradicate gender based violence in Timor-Leste.

Also, these reports contain JSMP discussion and observations on progress achieved and challenges faced in the justice sector including the processing of cases through the courts and the legislative process at the National Parliament as well as other important events noted by JSMP in 2017.

The Overview of the Justice Sector Report discusses facts about the progress achieved and challenges faced in the justice sector, statistics on cases tried at the district courts and the Court of Appeal during 2017. In particular, this report discusses cases judged in the courts, such as crimes of domestic violence, rape, crimes involving the exercise of public functions and other ordinary crimes brought before the courts.

The Parliamentary Watch Report provides information gathered by JSMP through the monitoring of the National Parliament during 2017, in particular, critical observations on the political situation after the 2017 parliamentary elections. This legislative session was interrupted because of a political impasse in the National Parliament which had a serious impact on the functioning of the National Parliament, and in particular the IV Legislature.

Meanwhile, the 2017 JSMP Institutional Report provides a summary of JSMP activities performed throughout 2017 including institutional cooperation with key institutions and national and international networks. This report also outlines funding support that JSMP received from donors which provides legitimacy and public accountability.

JSMP hopes that the facts discussed in these reports can provide useful information to the general public and particularly to relevant State organs and institutions. In particular, this report serves as a reference to contribute directly and indirectly towards improving the functioning the formal justice system and legislative system now and in the future.

The report concludes with a number of important and relevant recommendations that are addressed directly to the competent and relevant organs and institutions for their consideration.

I would like to take this opportunity on behalf of JSMP to express our deep appreciation to our key stakeholders, especially donors such as the Government of Australia (DFAT), The Asia Foundation (TAF), the VI Constitutional Government of Timor-Leste through the Civil Society Fund, the Embassy of Finland in Jakarta, the Embassy of Canada in Jakarta, and HIVOS in Jakarta.

JSMP would also like to express its gratitude and appreciation to key institutions in the justice sector and legislative sector such as the courts, the National Parliament, the Public Prosecution Service, the Office of the Public Defender, and justice officials who have collaborated with and contributed to the production of this report. We hope that with a strong commitment to enjoy even stronger institutional collaboration in the next few years we will be able to support and strengthen the rule of law and democracy and ensure justice for all.

These reports will be available on the JSMP website at: http://jsmp.naroman.tl after the launch in Tetum and English.

27 April 2018

Selebra loron-Aniversáriu JSMP ba dala XVII

East Timor JSMP
JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Komunikadu Imprensa 27 Abril 2018 Selebra loron-Aniversáriu JSMP ba dala XVII:

JSMP Lansa relatoěriu Anuaěl Setór Justisa no Lejislativu 2017 - Relatóriu Institusionaěl JSMP 2017 no Anunsia Rezultadu Kompetisaun Hakerek Notísia ho Sensivel Jéneru

Iha selebrasaun aniversáriu JSMP ba dala XVII, ne’ebé monu iha 28 Abril, sei selebra iha 27 Abril 2018, no sei marka ho agenda lansamentu Relatoěriu Anuaěl Observasaun Jeraěl ba Setoěr Judisiaěriu (OJS) tinan-2017, Relatoěriu Observasaun Parlamentaěr (ROP) tinan-2017, hamutuk ho Relatoěriu Institusionaěl JSMP ba 2017. Aleindé sei anunsia rezultadu kompetisaun hakerek notísia justisa ho sensivel jéneru.

24 April 2018

JSMP Press Release Baucau District Court 20 April 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release Baucau District Court 20 April 2018 

The courts need to select the appropriate provisions of the law and charge the crime of marital rape

JSMP requests for the Public Prosecution Service and the Courts to select the appropriate provisions of the law in cases of marital rape and charge this crime in accordance with the juridical framework of Timor-Leste and Timor-Leste's obligations in accordance with international law ratified by the State.

JSMP believes that sexual intercourse accompanied by threats and violence is crime within the juridical framework of Timor-Leste, in particular Article 2.2 (b) of the Law Against Domestic Violence (LADV).

Article 2 of the Law Against Domestic Violence (LADV), on definition of domestic violence, states that domestic violence includes physical violence, sexual violence, psychological violence and economic violence.

JSMP Komunikadu Imprensa Tribunál Distritál Baucau 20 Abril 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Komunikadu Imprensa Tribunál Distritál Baucau 20 Abril   2018 

 Tribunál tenke asegura provizaun ne’ebé apropriadu no kondena violasaun seksuál ne’ebé akontese iha ámbitu relasaun feen no laen

JSMP husu ba Ministériu Públiku no Tribunál tenke hili no asegura provizaun ne’ebé apropriadu iha kazu violasaun seksuál ne’ebé akontese iha ámbitu relasaun feen ho laen nu’udar krime tuir enkuadramentu juridíku Timor-Leste no obrigasaun Estadu Timor-Leste tuir lei internasionál ratifikadu sira.

JSMP konsidera katak relasaun seksuál ne’ebé akontese ho karakter ameasa no ho violénsia nu’udar krime tuir enkuadramentu juridíku Timor-Leste, partikularmente iha artigu 2 (2) letra (b) Lei Kontra Violénsia Doméstika (LKVD).

Iha artigu 2 Lei Kontra Violénsia Doméstika (LKVD), kona-ba konseitu violénsia doméstika defini katak forma sira hosi violénsia doméstika mak inklui violénsia fizika, violénsia seksuál, violénsia psikolójiku no violénsia ekonomíku.

JSMP conducts training for the village chief and members of the Village Council in Liho Village

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU
Press Release Ermera Municipality 16 April 2018                                     

 JSMP conducts training for the village chief and members of the Village Council in Liho Village, Railaco Administrative Post, Ermera Municipality

On 11 April 2018 JSMP conducted training in Liho Village, Railaco Administrative Post, Ermera Municipality. The participants included the village chief, member of the village council and other members of the community. There were 30 participants, comprising 9 women and 21 men.

 “This training is part of an activity to disseminate information to public with the aim of increasing the knowledge of community leaders and community members on the functioning of the political system as well as the formal justice system in Timor-Leste”, said the Executive Director of JSMP, Luis de Oliveira Sampaio.

“This activity is important because it can promote the participation of all elements of society in politics and also to promote access to formal justice, by increasing their knowledge about relevant laws so that they can deal with cases that occur in their village based on appropriate and correct mechanisms”, he added.

The materials for this training were split into two sessions. The first session focused on democracy, the role of sovereign organs and public participation in the law making process. The second session focused on the functioning of the formal justice system in Timor-Leste.

In the second session the participants looked at issues relating to the formation of the VII Constitutional Government, the dissolution of the National Parliament and early election. The participants asked why an early election is necessary if the government has already been formed and if this was legal or not. The participants also asked about the existence of the government after the dissolution of the National Parliament.

In response to these issues JSMP explained that all decisions made by the State must adhere to the Constitution and the law, because Timor-Leste is a nation based on the rule of law (a State that adheres to the law). The VII Constitutional Government could not go on because when the KHUNTO Party withdrew from the coalition on 13 September 2017, the political force of the coalition led by Fretilin became a minority in the National Parliament so there was no stability of governance and the program presented to the National Parliament was rejected by the Parliamentary Majority Coalition Party.

The President had strong reasons and two constitutional provisions to dissolve the National Parliament and declare an early election. The first reason was that more than 60 days had passed and the National Parliament had not yet approved the 2018 State Budget, which pursuant to Article 86 f) of the Timor-Leste Constitution means that there was a serious institutional crisis. The second was that more than six months had elapsed from the date of announcing the results of the parliamentary elections and the date of dissolving Parliament, which pursuant to Article 100 1) of the Timor-Leste Constitution makes it possible to dissolve the Parliament.

Meanwhile in relation to the issue of the existence of the Government after the election, JSMP explained that based on the Constitution the Government has two functions. One function is as a political organ and the other is as an administrative organ as set out in Article 103 of the Timor-Leste Constitution. The Government as an administrative organ cannot stop its work, because when it does, the entire State cannot function and this can further undermine the existence of the entire State and can lead to another even bigger crisis.

In the second session some of the issues taken up by the participants related to why the village chief and the village administration cannot make decisions about guilt and innocence when a problem occurs in the village. In response to this issue JSMP explained that the village chief and the village administration can resolve some problems based on traditional mechanisms, especially civil cases, where there are various options such as mediation. But when cases are criminal in nature and there is a complaint the matter must move forward even if it has been resolved through traditional mechanisms at the village level. When a case is being investigated or taken to court there is still the possibility for the case to be withdrawn and settled through conciliation if it constitutes a semi-public crime, based on the victim's own desire to do so.

Article 23 x) of Law No. 9/2016 on Community Leaders also sets out the role of local authorities in raising awareness and mobilising community members in the village to eradicate the crime of domestic violence. The law attributes responsibility for preventing and eradicating this crime, not to resolve cases involving this crime.

The participants were happy that JSMP came and distributed these materials. The participants requested for training like this to be more than one day.  During the closing session the village chief of Liho, recommended that in the future if JSMP organises similar training, it could be conducted at the level of Administrative Post and all of the village chiefs in the Railaco Administrative Post could be invited to participate. The village chief viewed these materials as very important and relevant to the daily work performed by the village administration in the village. This important information can help the village chief and the village administration to conduct their work in the correct manner based on the law. The village chief also recommended for the sub-village chief and delegates to organise a meeting in their sub-village to pass on this information to members of other communities.

This training was made possible due to the financial support from the Government of Australia through the Australian Embassy in Timor-Leste, managed by CARDNO.

Sumáriu Kazu Tribunál Distritál Dili Periódu Fevereiru 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU Sumáriu Kazu Tribunál Distritál Dili  Periódu Fevereiru 2018

Afirmasaun: Sumáriu Kazu 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 katak la iha justifikasaun ba violénsia hasoru feto.

Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Dili

Totál kazu ne’ebé JSMP monitoriza: 58

FM: Celebrating the 20th Anniversary of National Police of Timor-Leste

Celebrating the 20th Anniversary of National Police of Timor-Leste (XX Anniversary of PNTL – March 27 2000 – March 27 2018)

http://www.fundasaunmahein.org/2018/03/27/celebrating-the-20th-anniversary-of-national-police-of-timor-leste-xx-anniversary-of-pntl-march-27-2000-march-27-2018/


In the year 2000, Timor-Leste’s first law enforcement institution was known as the Timor-Leste Police Service (TLPS), and was under the authority of the United Nations Transitional Administration in East Timor (UNTAET). In 2002, Timor-Leste’s

I Constitutional Government took over executive authority for the state of Timor-Leste, and renamed the TLPS as the National Police of Timor-Leste (PNTL). So, whilst the PNTL has only existed for 20 years, it has continued to show progress as its matures as an institution.

Case Summary Baucau District Court February 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU Case Summary Baucau District Court February 2018

Statement: The following case summaries set out the facts and the proceedings of cases before the court based on JSMP's independent monitoring, and the testimony given by the parties before the court. This information does not reflect the opinions of JSMP as an institution.

JSMP strongly condemns all forms of violence, especially against women and vulnerable persons. JSMP maintains that there is no justification for violence against women.

A.       Summary of the trial process at the Baucau District Court

JSMP Case Summary The Oecusse District Court February 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU
Case Summary The Oecusse District Court February 2018

Affirmation: The following case summaries set out the facts and the proceedings of cases before the court based on JSMP's independent monitoring, and the testimony given by the parties before the court. This information does not reflect the opinions of JSMP as an institution.

JSMP strongly condemns all forms of violence, especially against women and vulnerable persons. JSMP maintains that there is no justification for violence against women.

Summary of the trial process at the Oecusse District Court[1]

1.   Total cases monitored by JSMP: 7

JSMP Case Summary Suai District Court February 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU
Case Summary Suai District Court  February 2018

Affirmation: The following case summaries set out the facts and the proceedings of cases before the court based on JSMP's independent monitoring, and the testimony given by the parties before the court. This information does not reflect the opinions of JSMP as an institution.

JSMP strongly condemns all forms of violence, especially against women and vulnerable persons. JSMP maintains that there is no justification for violence against women.

A.        Summary of the trial process at the Suai District Court

1. Total cases monitored by JSMP: 14

Sumáriu Kazu Tribunál Distritál Oe-Cusse Períodu Fevereiru 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Sumáriu Kazu

Tribunál Distritál Oe-Cusse

Períodu Fevereiru 2018

 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 la iha justifikasaun ba violénsia hasoru feto.

Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Oe-Cusse[1]

1.   Totál kazu ne’ebé JSMP monitoriza: 7

JSMP Sumáriu Kazu Tribunál Distritál Oe-Cusse Períodu Janeiru 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU

Sumáriu Kazu Tribunál Distritál Oe-Cusse Períodu Janeiru 2018

 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 sira. JSMP afirma katak la iha justifikasaun ba violénsia hasoru feto no labarik.



A.  Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Oe-Cusse

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