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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...

31 October 2019

Komisaun A PN konsidera paraser JSMP kona-ba OJE 2020 ba setór justisa no sei uza bainhira audénsia ho instituisaun relevante sira

JUDICIAL SYSTEM MONITORING PROGRAMME
 PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU
Komunikadu Imprensa
Parlamentu Nasionál
30 Outubru 2019                                      

Komisaun A PN konsidera paraser JSMP kona-ba OJE 2020 ba setór justisa no sei uza bainhira audénsia ho instituisaun relevante sira

Iha Tersa-feira, 29 Outubru 2019, Komisaun A, Parlamentu Nasionál (PN) halo audénsia ho ekipa JSMP hodi ko’alia kona-ba proposta Lei Orsamentu Jerál Estadu (OJE) tinan 2020, partikularmente orsamentu ba setór justisa nian.

Iha audénsia ne’e, Diretór Interinu JSMP, Sr. Casimiro dos Santos aprezenta pontu deskobrimentu sira iha setór justisa tuir monitorizasaun JSMP nian. Pontu sira ne’e mak hanesan kestaun fasilidade, rekursu umanu no dezenvolvimentu rekursu umanu ka kapasitasaun.

“JSMP apresia aas tebes Parlamentu Nasionál, partikularmente Komisaun A nia konsiderasaun no konvite ba audénsia ida ne’e hodi rona JSMP nia hanoin kona-ba OJE 2020 ba setór justisa nian. JSMP espera katak dadus ka informasaun sira ne’ebé JSMP aprezenta ne’e bele sai hanesan referénsia ruma ba distintu deputadu sira bainhira halo diskusaun ba orsamentu setór justisa nian. Nune’e bele koloka orsamentu ne’ebé realístiku tuir nesesidade no kapasidade ezekusaun ne’ebé iha,” dehan Diretór Interinu JSMP, Casimiro dos Santos.

JSMP mós agradese ba Komisaun A, Parlamentu Nasionál tanba iha momentu hanesan pela-primeiravés iha istoria JSMP bele mai iha Komisaun A atu fó hanoin kona-ba proposta orsamentu jerál estadu nian liga ho setór justisa.

Iha audénsia ne’e, Prezidente Komisaun A ho Viseprezidente Komisaun A, inklui membru komisaun sira seluk konsidera dadus sira JSMP nian ne’e loos no nu’udar faktu sira ne’ebé akontese iha setór justisa no sei uza informasaun sira ne’e bainhira halo diskusaun no debate iha audénsia ho autór judisiáriu sira inklui ministériu relevante sira kona-ba proposta orsamentu jerál estadu nian ba setór justisa.

Informasaun detallu kona-ba JSMP nia paraser bele asesu iha ne’e http://jsmp.tl/wp-content/uploads/Paraser-kona-ba-OJE-2020-ba-set%C3%B3r-justisa_TETUM-1.pdf


Atu hatene informasaun liutan bele kontaktu:

Casimiro dos Santos
Diretór Interinu JSMP
HP: 77257466 | 3323883

16 October 2019

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 number of cases monitored by JSMP: 16

Article 145 of the Penal Code  (PC) as well as Articles 2, 3, 35(b) and 36 of the Law Against Domestic Violence (LADV) Simple offences against physical integrity characterized as domestic violence and types of offences categorised as domestic violence.
Article 145 (PC), as well as  Articles 2, 3, and 35(b) and 36 (LADV) and Article 157 of the PC
Simple offences against physical integrity characterized as domestic violence and types of offences categorised as domestic violence and threats.
Article 179 of the PC Aggravated sexual abuse of a person incapable of resistance
Article 316 of the PC Smuggling
Article 259 of the PC Aggravated property damage

Type of decision

1 Prison sentence (Article 66 of the PC)
12 Suspension of execution of a prison sentence (Article 68 of the PC)
1 Fine (Article 67 of the PC)
1 Admonishment (Article 82 of the PC)
1 Exemption from punishment (Article 318 of the PC)

Short description of the trial proceedings and decisions in these cases

Meeting of the Council of Ministers of 25 September 2019

Coat of Arms East Timor Government East Timor Law Justice Bulletin Warren Leslie Wright
Presidency of the Council of Ministers Eighth Constitutional Government Press Release Meeting of the Council of Ministers of September 25, 2019

The Council of Ministers met at the government Palace in Dili and heard a presentation by the Minister of the Interior, Filomeno da Paixão da Jesus, concerning the priorities of infrastructure construction of the Ministry of the Interior. Based on the vision, mission and strategic plan for the modernization of the National Police of Timor-Leste (PNTL) and with objectives of strengthening the community police and ensuring the safety of the population the project, which relies on the support of New Zealand cooperation, presents a construction plan up to the year 2030 of 452 buildings of the Community Suco Police, in the 12 municipalities and in the Special Administrative Region of Oé-Cusse Ambeno (RAEOA).

The Secretary of State for the Environment, Demetrius de Amaral de Carvalho, gave a presentation to the Council of Ministers on the Second National Communication of Timor-Leste under the United Nations Convention on Climate Change (UNFCCC). Following the ratification of the UNFCCC in October 2006 and the Kyoto protocol in October 2008 and as a member of the UNFCCC, Timor-Leste has the obligation to submit, every four years, the National Communication to the United Nations Convention on Climate Change, a report which details national progress and commitments to mitigate the effects of climate change.

The Council of Ministers approved a statement of sorrow for the death of Father João de Deus Pires, deceased on 22 September, at the Guido Valadares National Hospital in Dili. His role will be remembered in the history of Timor-Leste, during the Indonesian occupation, and the Timorese will never forget the altruistic spirit of this missionary and great fighter for the freedom of the Timorese people, with whom he undertook to serve, as a priest and as a humanist. At this moment of so much grief for the religious and the Timorese people in general, the Government of the Democratic Republic of Timor-Leste presents its deepest condolences to the family of the esteemed Father João de Deus, the Catholic Church and the Salesian family of Timor-Leste.

The Minister of Defense, Filomeno da Paixão da Jesus, presented the proposal for deliberation, approved by the Council of Ministers, concerning the integration of members of the F-FDTL in the contingent of the Armed Forces of Portugal to be sent to the Central African Republic, within the framework of the Integrated United Nations Multidimensional Mission for the Stabilization of the Central African Republic (MINUSCA, acronym in French).

The Council of Ministers analyzed the Government resolution, presented by the Acting Minister of Petroleum and Minerals, Agio Pereira and the National Petroleum and Minerals Authority of Timor-LESTE (ANPM), concerning the authorisation for the opening of public tenders for the conclusion of petroleum contracts, in order to carry out research and oil production activities, under the Petroleum Activities Act and the Petroleum Procurement Regulation. The proposal will be analysed again at the next meeting of the Council of Ministers.

The Council of Ministers approved the proposal for a Government resolution conferring on the Coordinating Minister for Economic Affairs, Fidelis Manuel Leite Magalhães, the mandate for the negotiation of Timor-Leste's accession to the World Trade Organization. The Council of Ministers also determined that the Minister will be supported by a delegation with representatives of the Ministries of Legislative Reform and Parliamentary Affairs, Finance, Foreign Affairs and Cooperation, Health, Tourism, Trade and Industry, Agriculture and Fisheries and Petroleum and Minerals.

The Council of Ministers gave full powers to the Minister of Education, Youth and Sport, Dulce de Jesus Soares, for the signing of a cooperation agreement with the United Nations Educational, Scientific and Cultural Organization (UNESCO), for a project to strengthen science and mathematics in basic education in Timor-Leste, funded by the Government of Japan.

The Minister of Public Works, Salvador Soares dos Reis Pires and the National Procurement Commission of Timor-Leste, presented a proposal for deliberation, approved by the Council of Ministers, for the supply of light fuel to the electricity company of Timor-Leste (EDTL) for the years 2019 and 2020. ENDS

JSMP believes that it is inappropriate to replace a charge of aggravated rape with the crime of sexual abuse against a disabled person

Press Release 08 August 2019

JSMP believes that it is inappropriate to replace a charge of aggravated rape with the crime of sexual abuse against a disabled person

JSMP believes the decision of the Suai District Court in a case of sexual abuse against a disabled victim that was decided on 5 March 2019 was inappropriate because the replacement of the original change resulted in a very lenient penalty against the convicted person even though the court knew that the victim was very vulnerable due to physical and psychological disabilities.

The court failed to explore and consider the relevant facts in this case, and imposed a penalty of only five years in prison. This penalty is not appropriate or proportional to the severity of this crime.
If the court maintained Article 172 of the Penal Code on rape and Article 173 (letra c) of the Penal Code on aggravation, as set out in the charges of the public prosecutor, and assessed the facts and the circumstances appropriately, the court could have ensured a proportional and commensurate sentence in this case. 

This is because the crime of aggravated rape carries a sentence of 5-20 years in prison. The crime of sexual abuse of a person incapable of resistance carries a sentence of between 4-12 years in prison.

01 October 2019

East Timorese Judicial System Monitoring Program (JSMP) promotes the rule of law


The East Timorese law and justice civil society organisation, the Judicial System Monitoring Program, has for many years now, always acted to support the rule of law in East Timor like few other CSO's have managed to do.

JSMP has courageously defended the Constitution, made sound criticism of government agents, and kept a very close eye on the Third Pillar of Democracy, the Courts.

With its continual monitoring and reporting of proceedings in all four District Courts, JSMP has created an enormous body of work that contains an historical record of matters before the Courts in East Timor that is not available any where else.

ETLJB wishes to express profoundest solidarity with JSMP, to draw attention to this most vital CSO and congratulate all those who have worked so hard on the program.

Human Rights Defenders Network: We strongly condemn acts of violence against a disabled person and we urge all people to resect and value disabled persons in this nation


Image result for Rede Defensór Direitus Umanus

Rede Defensór Direitus Umanus (RDDU)
Rua: Faról, Dili Karaketu, Timor-Leste
Tel: (+670) 77139641 / 77259858/77402231

Press Release 

Dili, 23 September 2019

Human Rights Defenders Network: We strongly condemn acts of violence against a disabled person and we urge all people to resect and value disabled persons in this nation

The Human Rights Defenders Network (RDDU) is comprised of Civil Society organizations that deal with Human Rights issues. This network exists to carry out monitoring and advocacy in relation to cases involving human right violations that occur in Timor-Leste.

The Human Rights Defenders Network urges all people to respect and uphold the principles and values of human rights that are enshrined in the RDTL Constitution and international treaties adhered to by the State of Timor-Leste. These principles and values need to be put in practice so that no person has the right to discriminate, violate or mistreat any other citizens, including disabled persons, in Timor-Leste.

The RDDU strongly condemns the actions committed by some young people against a lady suffering a disability,  that were shared on social media (Facebook), whereby a group of young people just stood around and stared when two other young people committed acts of violence against this individual who suffers from a psycho-social disability. The RDDU strongly condemns the violent acts committed by students wearing university uniforms against a disabled citizen.

In response to the immoral and violent acts that have violated the rights of another person, in this case a disabled person, the Human Rights Defenders Network urges:

1.      The PNTL, and the criminal investigations unit in particular, to immediately find the perpetrators of the violent acts committed against the disabled person that were shared on social media.

2.      The Public Prosecution Service to promptly investigate the perpetrators who committed these acts against the disabled lady.

3.      The courts to convict those persons who have committed a crime against a disabled citizen in accordance with the applicable law.

4.      The Ombudsman for Human Rights and Justice to support this process to identify the perpetrators who committed the offences against the lady who suffers from a psycho-social disability.

5.      The perpetrators who were involved in this act to collaborate and hand themselves in to the PNTL, however if they do not wish to collaborate, then the PNTL is urged to find and arrest the perpetrators to facilitate the investigative process.

6.      All persons to collaborate, especially those who witnessed these acts, to provide information to the PNTL or local authorities, so they can find the perpetrators.

7.      All persons to respect and value the rights of all citizens, including the disabled, in this nation.

8.      The State of Timor-Leste to ratify the International Convention on the Rights of Persons with Disabilities, as a matter of urgency!

Members of the RDDU:

1.        Hak Association
2.        JSMP (Judicial System Monitoring Program)
3.        ALFeLa (Legal Aid for female and minor victims)
4.        AJAR (Asia Justice and Rights)
5.        Acbit (Asosiasaun Chega Ba Ita)
6.        Codiva
7.        Mahein Foundation (FM)
8.        AHMDTL (TL Association of the Disabled)
9.        Belun
10.    CBRN-TL
11.    Lao Hamutuk
12.    ADTL (Association of the Disabled in Timor-Leste)


Dili, 23 September 2019
Coordinator of RDDU
Inocencio Xavier

Government Decree on the allocation of areas of the territory of Timor-Leste for research and oil production

East Timor Government Coat of Arms ETLJB Warren Leslie Wright
Add caption
Extraordinary Meeting of the Council of Ministers of 27 September 2019

The Council of Ministers met at the Government Palace in Dili and approved the Government Decree, presented by the Acting Minister of Petroleum and Minerals, Agio Pereira and the National Petroleum and Minerals Authority of Timor-Leste (ANPM), which regulates the procedure concerning the allocation of areas of the territory of Timor-Leste to research and oil production activities.

The analysis of the Government's resolution on the authorisation to open public tenders for the conclusion of petroleum contracts was also continued, with a view to carrying out research and oil production activities under the Law of Petroleum Activities and the Regulation of Petroleum Public Procurement.

Incurable and fatal: African Swine Fever rages in East Timor as hundreds of pigs reported dead


Image of pig in East Timor. Hundreds of pigs die in East Timor from African Swine Fever East Timor Law and Justice Bulletin Warren L. Wright Lawyer Jurist Anthropologist Sociologist
Hundreds of pigs die in East Timor from African Swine Fever
Presidency of the East Timor Council of Ministers Press Office of the Spokesperson

Extraordinary Meeting of the Council of Ministers of 27 September 2019

The Acting Minister of Agriculture and Fisheries, Fidelis Leite Magalhães, gave a presentation to the Council of Ministers on the disease that has caused the deaths of hundreds of pigs in the country.

Samples were taken from these animals and sent for laboratory analysis in Australia confirming that these animals suffer from African swine fever.

This disease is highly contagious among animals, not producing effects on humans and has affected several Asian countries.

The Ministry of Agriculture and Fisheries, in collaboration with the Government of Australia, has taken all necessary measures to limit the effects of this outbreak, for which there is still no remedy, cure or vaccine.