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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	67
75	In practice, do judgments in the criminal system follow written law?	75
76	In practice, are judicial decisions enforced by the state?	50
77	Is the judiciary able to act independently?	94
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	57

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Constitution of RDTL, article 28

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: A number of cases were pending from 2000 up until now, given their sensitivity, as well as political interference by the ruling party.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Realistically, the process is slower than indicated above.

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Legally, if one cannot afford to pay the legal fees, there are mechanisms to waive these and to receive state assistance. Often there are significant mis-perceptions about the costs of legal proceedings, and some may not be aware of their rights.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Interpretations of the law, especially where politically sensitive, are often argued on political grounds by external actors.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitution of RDTL, article 119

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: I don't believe judges are penalized for making politically unfavorable decisions, although they may be subject to political pressures. Also, at present the majority of judges are foreign nationals.

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: Judges are assigned cases by their superiors; in Dili, this would be the head of the Dili District Court.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: I'm not sure how applicable this questions is to Timor-Leste.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Constitution of RDTL, article 128 (1)

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: The sense of Suco-ism is somewhat strong here and affects decisions.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: suco mean village - so this comment refers to localism

79b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides - Deputy of Ombudsman office at his office on 17 July 2007.

Peer Review Comments: Women face family and societal hurdles in taking cases to court -- particularly those who have been sexually assaulted by family members.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: There is what we call a "public defender" who does this function.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: While the qualifications of public defenders may be adequate, their numbers are not.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Is this because they cannot receive waivers due to their income levels?

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Is this because they cannot receive waivers due to their income levels?

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: There are significant challenges/costs to reaching a court for average citizens who live in isolated areas far from the regional courts.