29 October 2018

Government to Establish Military Court under auspices of District Courts

ETLJB Editor's Note: In view of the problematical behaviour of defence force personnel over the years, it is high time that the Military Courts were established. 

It seems that, administratively, the Court will operate under the auspices of the civil District Courts. In my view, they should be constituted separately to all other courts. 

Constitution 
Section 130 (Military Courts) 
1. It is incumbent upon military courts to judge in first instance crimes of military nature.
2. The competence, organisation, composition and functioning of military courts shall be established by law.

GMN Diário Nacional, October 25, 2018 Language source: Tetun

The Timorese Government through the Ministry of Defense has planned to establish military court in 2019.

Minister of Defense Filomeno Paixão said military crimes should not be put on trial in civil court because it was difference with civil crimes and related with military codes.

“It does not need big amount of money to set up a military court, we can set up a military court under district court to process military cases such as selling guns and bullets or hunting wild animals with the state-owned guns by military officers, and many other cases,” he told reporters outside Government Palace recently.

He added the military court did not need military judges and prosecutors, they could be normal judges and prosecutors, they only needed military codes.ENDS


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