East Timor Court Case Notes

28 April Case Relating to Damage to Property Adjourned Again June 2009

Fri, 03 Jul 2009 08:24:00 EST

On 22/06/2009 the Dili District Court experienced a slight interruption in a criminal case that was due to be tried by a panel of judges because the new Penal Code needs to be applied to this case. Based on court monitoring conducted by JSMP, before opening the hearing the presiding Judge Jacinta Correia explained that the trial of case No. 88/c.ord/2009/TDD could not be continued because of the new Penal Code which entered into force on 8 June 2009. Article 3 of the new Penal Code states that “The law subsequent to the commission of the crime shall apply to previous misdemeanors where it proves to be actually more favorable to the perpetrator and, in the case of a final decision, if a benefit can still be obtained”. The judges in this case did just rely on this reason only, but they focused on the legal principle of ‘Lex Posteriori Legi Priori’. For the aforementioned reason, the panel of judges decided to send the case back to the competent court in accordance with standard procedure by issuing a new decision requiring the case to be tried by a single judge based on the aforementioned decision. The presiding judge told the defendant OML about the implementation of the new Penal Code. In accordance with the general principle mentioned above, the new provisions are very favorable to the defendant facing criminal charges carrying a sentence of 15 years or more. This means that the shortest sentence is the most favorable and therefore the law to be applied in this case is the law that formed the basis of the charges, namely the Indonesian Penal Code. JSMP notes that Article 189.3 of the new Penal Code carries a sentence of 2-5 years imprisonment. This means that this article relates to the previous charge, namely Article 160 of the Indonesian Penal Code which the public prosecutor used to charge the defendant, which carries a sentence of six years and a fine of Rp 4.500. The application of this general principle is correct and normal in this case, however JSMP believes that the contents of the original article applied in the case (Article 160 of the Indonesian Penal Code) and Article 189 of the new Penal Code have not been harmonized, meaning that the criminal act committed by the defendant does not match the elements of the two aforementioned articles even though the application of the aforementioned principle is justifiable. The decision to allocate this case to a single judge did not set a date for hearing. The presiding judge told all of the parties who have been cooperating well with each other to date to comply with any summons they receive and attend the court to have this matter retried. East Timor Law Journal - Towards the rule of law in Timor-Leste

Three Defendants in Watu-Lari Case Sentenced to Imprisonmnet, Two Defendants Acquitted June 2009

Sat, 27 Jun 2009 14:45:00 EST

The Uato-Lari case is one of a group of cases that shook Timor-Leste after the parliamentary elections 2007. The case concerns the involvement of five defendants in rioting and property damage in the district of Viqueque.

Summary of Cases Tried in the Baucau District Court 08 - 11 June 2009

Sat, 27 Jun 2009 14:45:00 EST

The public has been eagerly awaiting the outcome of the Watulari case and on Monday 8/6 the Baucau District Court read out its decision. The close friends and family of the defendants were present in court, and PNTL and UNPOL officers were on standby to deal with any disturbances or undesirable incidents.

Criminal cases tried and decisions issued by the Baucau District Court in March 2009

Sat, 02 May 2009 18:33:00 EST

DILI 21 April 2009 East Timor Judicial System Monitoring Program - This summary of cases is the result of observations conducted over five days at the Baucau District Court. Read the full report on East Timor Law Journal

Baucau District Court Decision in Case of Murder and Attempted Murder

Sat, 02 May 2009 18:28:00 EST

21 April 2009 - On Monday 13th April the Baucau District Court announced its decision in a case of fighting between rival martial arts groups PSHT and 77 that occurred on 24 April 2008 in Baucau resulting in the deaths of the victims N and B. Based on court monitoring conducted by JSMP, the defendants were handcuffed when they were led into the court room to hear the announcement of the decision. Read the full report on East Timor Law Journal

Trials of Serious Criminal Cases at the Suai District Court

Sat, 11 Apr 2009 07:52:00 EST

During the third week of March 2008, the Suai District Court conducted trials relating to 4 serious criminal cases comprising 2 cases of murder and 2 cases of obscene acts committed against a minor. JSMP was not able to monitor one of the latter cases because the trial was closed to the public pursuant to Article 76 of the Criminal Procedure Code. East Timor Law Journal

Baucau District Court Tries Cases of Violence against Women

Sat, 11 Apr 2009 07:49:00 EST

Between 16 – 19 March 2009 the Women’s Justice Unit of JSMP conducted monitoring of gender based violence cases in the Baucau District Court. While eight cases of gender based violence were supposed to be tried during the week, only six hearings took place. The other two cases were adjourned because the defendants failed to attend despite being summoned by the court. Read more on East Timor Law Journal

East Timor Court conditionally releases Defendant charged with committing obscene acts against a minor

Sat, 11 Apr 2009 07:48:00 EST

In accordance with the trial schedule, on 16 March 2009 the Suai District Court tried a case relating to obscene acts committed against a minor. The Public Prosecutor charged the defendant in the indictment under Article 290 (3e) of the Indonesian Penal Code for committing obscene acts against a minor less than 15 years of age. Read more on East Timor Law Journal

Hearing adjourned because of indications that the judge and victim were related

Sat, 14 Mar 2009 16:35:00 EST

9 March 09 DILI - On 24 February 2009 the Dili District Court adjourned a hearing into a case involving light maltreatment committed by the defendant JF against the victim CB. Read the full report...

Criminal cases tried by the Oecusse District Court in February 2009

Sat, 14 Mar 2009 16:33:00 EST

These cases included a case of sexual assault tried before a panel of judges. This case was tried by a panel of three judges comprising Antonio Helder V., Constancio Basmery and Antoninio Goncalves. In Case No. 25/CPO.C/2008/TDO, which was tried before a panel of judges, the public prosecutor made his final recommendation of sentence and maintained the original charge pursuant to Article 285 of the Indonesian Penal Code. Read the full report...

Suai District Court January 2009

Fri, 30 Jan 2009 19:13:00 EST

Hearing Adjourned Due To Non - Attendance Of Defendant January 2009 - In accordance with the schedule of hearings for the Suai District Court, two cases involving the less serious offence of maltreatment were supposed to be tried on the 20th and 21st January. The defendants in these cases were charged with Articles 351 and 352 of the Indonesian Penal Code which carry a maximum penalty of five years imprisonment. The most prevalent type of crime is assault, committed by one individual against another, or by members of opposing groups against each other. Read the full report...

Oecusse District Court Criminal Trials November 2008

Wed, 03 Dec 2008 22:50:00 EST

On 17/11 the Oe-Cusse District Court was scheduled to conduct hearings into the following three criminal cases: Case No. 34/P.CO/IX/TDO/2007 (defendant VO and others), Case No. 37/P.CO/IX/TDO/2007 (defendant NDS and others) and Case No. 45/TDO/2008 (GDR). However only the first two cases could be heard because the defendant in the three case was not present. JSMP did not monitor these criminal cases however a judicial officer at the aforementioned court provided information about the hearings. Read more

Oecusse District Court 08 August 2008

Fri, 08 Aug 2008 23:03:00 EST

JSMP Press release Oecusse District Court - A judge at the Oecusse District Court has been permanently residing in Oecusse since July 2008. However, he still occupies a room at the courthouse because furniture has not yet been made available, which hopefully will be provided at the start of August.

Suai District Court Criminal Trials July 08

Sun, 03 Aug 2008 17:57:00 EST

In mid-July 2008 the Suai District Court conducted hearings in eight criminal matters. JSMP observed that the Suai District Court announced decisions in two cases and conducted preliminary trials and the examination of witnesses in the other six cases.

Owner of Home Made Gun and Molotov Cocktail Acquitted

Tue, 24 Jun 2008 20:07:00 EST

JSMP 24/06/08 On 3 June 2008, the Baucau District Court conducted a hearing in a case relating to the possession of a home made gun (pistol) and a Molotov cocktail. The court examined two witnesses presented by the prosecutor.

Criminal Trials at the Baucau District Court June 2008

Tue, 24 Jun 2008 20:06:00 EST

JSMP 24/06/08 On 17 June 2008, the Baucau District Court, sitting as a panel of judges, conducted hearings in two cases � one relating to murder and the other, theft. JSMP believes that such delays in the processing of cases will affect the ability of witnesses to provide accurate testimony in court.

Summary of Criminal Trials at the Suai District Court May 2008

Tue, 03 Jun 2008 19:51:00 EST

Despite the many obstacles encountered by the Suai District Court, especially given its quite remote location, the judicial personnel posted to this location have displayed enthusiasm and commitment to the often difficult task of working through a substantial case backlog and also organizing new hearings

Monitoring of Hearings at the Oecusse District Court in April 2008

Tue, 03 Jun 2008 19:50:00 EST

Between 22 and 24 April 2008 the Oecusse District Court conducted hearings and issued decisions in several cases, most relating to incidents that occurred prior to 2008.

Summary of Criminal Cases Heard at the Baucau District Court in April 2008

Tue, 03 Jun 2008 19:48:00 EST

In April 2008 JSMP conducted three days of monitoring at the Baucau District Court. During this time, seven criminal cases were scheduled to be heard.

Court Issues Light Sentences for Rape of Minor

Sun, 04 May 2008 21:14:00 EST

On 11 March 2008 the Baucau District Court issued its final decision in a case involving two defendants charged with rape. The defendants were the uncle and step-father of the victim.

Decision in Baucau Sexual Assault Case

Tue, 08 Apr 2008 21:31:00 EST

26 March 2007 Legal researchers from JSMP monitored three cases of violence against women that were heard at Baucau District Court on 10, 11 and 12 March 2008. One case involved domestic violence and two involved sexual assault. Two of these cases are still being processed - JSMP will monitor their progress.

Procedural Flaws in Baucau Domestic Violence Case

Tue, 08 Apr 2008 21:32:00 EST

26-27 March 2008 Nine criminal cases were scheduled for hearing at the Baucau District Court during the last week of March 2008. Two of these cases, however, could not be heard due to the absence of defendants and witnesses. Three of the seven remaining cases related to domestic violence.

Trials of criminal cases at the Baucau District Court

Wed, 19 Mar 2008 22:36:00 EST

Judicial System Monitoring Programme 20 March 2008 During the second week of March 2008, in accordance with the list of scheduled hearings, the Baucau District Court conducted hearings in 7 criminal cases, including both serious cases (panel) and minor cases (single judge) as well as several cases of domestic violence and rape. The hearings relating to domestic violence and rape were declared open to the public.

Rede Feto demands Church to answer claims of sexual abuse by priests

Sun, 16 Mar 2008 23:11:00 EST

14 March 2008 - A priest is alleged to have committed sexual abuse against a woman. This case was then handled through mediation outside the formal justice system. Through the mediation, the Church and the victim's family agreed on a payment of damage for the victim of US$1000. The Rede Feto (an umbrella organisation representing women's NGOs) believes that this type of issue is not only limited to Oecusse.

Criminal Trials at the Dili District Court

Sun, 16 Mar 2008 23:10:00 EST

At the beginning of March 2008, the Dili District Court recommenced hearing criminal cases relating to the 2006 crisis. These hearings were conducted at the Court of Appeal in Kaikoli, Dili as the Dili District Court is still being renovated. During the monitoring period, many members of the group led by the deceased Major Alfredo Reinaldo Alves handed themselves in to the government in relation to the incidents that occurred on 11 February.

Legal proceedings in Oecusse February 2008

Sun, 16 Mar 2008 23:49:00 EST

Despite its relative isolation, the Oecusse District Court is well organised and in good repair. A two-storey building close to the local police station, the district offices and the local UNMIT outpost, it contains separate office facilities for judges, prosecutors and defenders, and is fully equipped for court administration. A generator on site ensures constant power, and air conditioning renders the building perfectly habitable.

Cases of Domestic Violence Processed by the Formal Justice System

Sun, 16 Mar 2008 23:07:00 EST

At the start of this year, namely on 15 and 16 January 2008, the Women�s Justice Unit of JSMP conducted monitoring at the Baucau District Court where separate decisions were issued in two cases of domestic violence. Each of these trials was heard by a single judge.