Featured Post

Domestic Violence and Smuggling Dominate Oekusi District Court July 2019

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Case Summary Oekusi District Court July 2019 Total nu...

20 July 2019

Smuggling dominates Oecusse District Court proceedings

Oecusse District Court Smuggling East Timor Law Justice Bulletin Warren L. Wright
ETLJB 20 July 2019 On 15 May 2019, JSMP published the Case Summary from the Oecusse District Court for the month of February 2019. Of the ten cases monitored by JSMP:

- one case involved the crime of attempted sexual abuse of a minor [Articles 177, 23 and 24 (PC) as well as Articles 2, 3, 35 of the Law Against Domestic Violence Article 154 of the PC];

- two cases of the crime of mistreatment of a spouse [Articles 177, 23 and 24 (PC) as well as Articles 2, 3, 35 of the Law Against Domestic Violence]; and

- seven cases of the crime of smuggling. [Article 316 of the PC]

There follows a brief summary of the facts from the JSMP report in each of the smuggling cases.

1.    Crime of smuggling  Decision: 2 years in prison, suspended for 2 years

The public prosecutor alleged that on 20 August 2017, at approximately 11pm, the two defendants illegally imported some goods through the Poto border. The goods were 2,360 litres of petrol, 1,445 litres of diesel and 275 litres of kerosene.


The public prosecutor alleged that on 31 August 2017, at approximately 11pm, the two defendants illegally imported some goods through the Poto border. The goods were 1,220 litres of petrol, 360 litres of diesel and 80 litres of kerosene.

2.    Crime of smuggling Decision: 1 year in prison, suspended for 1 year

The public prosecutor alleged that on 21 September 2017, at approximately 2.30pm, the defendant imported fuel illegally from Indonesia into the territory of Timor-Leste and did not go through Customs to pay tax to the State of Timor-Leste. The goods included 655 litres of petrol and 165 litres of kerosene. The defendant imported fuel from the territory of Indonesia to sell to others to obtain a maximum profit.

3.    Crime of smuggling Decision: 1 year in prison, suspended for 1 year

The public prosecutor alleged that on 22 September 2017, at approximately 11.00am, the defendants imported illegal goods through the border at Oesilo between Indonesia and Timor-Leste. The goods imported by the defendants were 1,295 litres of petrol, 540 litres of diesel and 95 litres of kerosene.

4.    Crime of smuggling Decision: 1 year in prison, suspended for 1 year

The public prosecutor alleged that on 14 September 2017, at approximately 08.00am, the defendants imported illegal goods through the border at Oesilo between Indonesia and Timor-Leste. The defendants imported 1,220 litres of petrol, 1,030 litres of diesel, 190 litres of kerosene, 4 boxes of napoleon alcohol and 5 packets of joker tobacco (137 individual packets).

5.    Crime of smuggling Decision: 1 year in prison, suspended for 1 year

The public prosecutor alleged that on 1 August 2017 at approximately 1am the defendant illegally imported goods such as fuel through the Poto border, namely 120 litres of petrol, 80 litres diesel and 100 litres of kerosene. The defendant imported these goods to be resold to others to obtain maximum profit.

6.    Crime of smuggling Decision: 1 year in prison, suspended for 1 year

The public prosecutor alleged that on 17 August 2017, at approximately 3am, the defendant brought in some goods illegally through the Poto border. These goods were 40 litres of petrol, 120 litres of diesel and 65 litres of kerosene. The defendant imported this fuel from Indonesia into the territory of Timor-Leste with the aim of selling it to others to obtain maximum profit, and to avoid paying tax to the directorate of Customs.

7.    Crime of smuggling Decision: Suspended prison sentence

The public prosecutor alleged that on 23 May 2017, at approximately 5am, the defendants imported some fuel and Napoleon alcohol illegally through the Poto Saben border. The defendants jointly imported 1,285 litres of petrol, 220 litres of diesel and 140 litres of kerosene. The defendants MN and AS jointly imported 5 boxes of Napoleon alcohol and 2 boxes of bintang beer. The defendants imported the alcohol and fuel from Indonesia into the territory of Timor-Leste with the intention of selling it to others to obtain the maximum profit by not paying tax to the directorate of customs.

The Smuggled Goods

The smuggled goods were petrol, diesel, kerosene, tobacco and alcohol.

2,360 litres of petrol, 1,445 litres of diesel and 275 litres of kerosene

1,220 litres of petrol, 360 litres of diesel and 80 litres of kerosene

655 litres of petrol and 165 litres of kerosene

1,220 litres of petrol, 1,030 litres of diesel, 190 litres of kerosene, 4 boxes of napoleon alcohol and 5 packets of joker tobacco (137 individual packets)

120 litres of petrol, 80 litres diesel and 100 litres of kerosene

40 litres of petrol, 120 litres of diesel and 65 litres of kerosene

1,285 litres of petrol, 220 litres of diesel and 140 litres of kerosene.

Brief ROCCIPI Analysis

Of the ROCCIPI factors, (Rule, Opportunity, Communication, Capacity, Interest, Process and Ideology), the two that seem most relevant are Opportunity and Interest.

Clearly, there is opportunity for smugglers to operate. There is a soft border between the East Timorese District of Oecusse and the surrounding Indonesian territory. It is relatively easy for the smuggling to occur.

The other most obvious factor contributing to this problematical behaviour is economic interest; the illegal resale of the good and the avoidance of taxes. Extant human greed may be the motivation or it is poverty that drives the demand for smuggled goods in Oecusse.

In any event, Oecusse seems particularly beset by the social problem of smuggling and, rather than prosecuting citizens for offences, it is better that the government try different approaches such as subsidised fuel for this remote District or stricter border control.

ENDS


ETLJB







No comments: