| Timor-Leste: Integrity Scorecard Report > Sub-Category: Judicial Accountability | ||
| Indicators | Score | |
| 33 | Are judges appointed fairly? | 92 |
| 34 | Can members of the judiciary be held accountable for their actions? | 79 |
| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | 0 |
| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | 0 |
Indicator and sub-Indicator Details
| 33 | Are judges appointed fairly? | |||||||
| 33a: In law, there is a transparent procedure for selecting national-level judges. | ||||||||
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Comments: There are criteria for selection, too. Someone has to be in training for two years and pass an exam before getting appointed. References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
Peer Review Comments: Constitution, Section 128 (Superior Council for the Judiciary) 1. The Superior Council for the Judiciary is the organ of management and discipline of the judges of the courts and it is incumbent upon it to appoint, assign, transfer and promote the judges. 2. The Superior Council for the Judiciary shall be presided over by the President of the Supreme Court of Justice and shall have the following members: a) One designated by the President of the Republic; b) One elected by the National Parliament; c) One designated by the Government; d) One elected by the judges of the courts of law from among their peers; 3. The law shall regulate the competence, organization and functioning of the Superior Council for the Judiciary.
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| 33b: In practice, there are certain professional criteria required for the selection of national-level judges. | ||||||||
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Comments: References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
Peer Review Comments: Capacity-building for the judiciary is a slow process and is being undertaken by the United Nations Development Program (UNDP).
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| 33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body). | ||||||||
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Comments: National judges must complete a two-year course and be approved for appointment. After the course, their appointments are approved by (1) the president, (2) the national parliament, (3) the government, and 4) the head of the court of appeals. References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense Constitution of RDTL, article 128
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| 34 | Can members of the judiciary be held accountable for their actions? | |||||||
| 34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions. | ||||||||
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Comments: References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
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| 34b: In practice, members of the national-level judiciary give reasons for their decisions. | ||||||||
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Comments: References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
Peer Review Comments: Judges do provide reasons, although people may not be satisfied with these or may perceive the rationale as politically motivated.
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| 34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system. | ||||||||
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Comments: Yes, the Constitution establishes the Konsellu Superior Majistratura Judisial, which is the Superior Council for Justice. References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
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| 34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference. | ||||||||
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Comments: The Constitutional provisions establish that the council codify, for example, independence. References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense Constitution of RDTL, articles 119, 120, & 121
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| 34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations. | ||||||||
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Comments: Investigations into judicial misconduct suffer from the broader problems of politicization. For example, the ombudsman office can initiate an investigation concerning corruption in the judiciary, but the result of the investigation needs to be approved by the prime minister, and only the prime minister can order further legal and formal investigations. In addition, a government official cannot be prosecuted until the National Parliament removes the immunity attached to him or her as an official person. References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
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| 34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders. | ||||||||
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Comments: Investigations into judicial misconduct suffer from the broader problems of politicization. For example, the ombudsman office can initiate an investigation concerning corruption in the judiciary, but the result of the investigation needs to be approved by the prime minister, and only the prime minister can order further legal and formal investigations. In addition, a government official cannot be prosecuted until the National Parliament removes the immunity attached to him or her as an official person. This burden has limited the effectiveness of the judicial oversight mechanism. The case of Major Alfredo is an example of the lack of power on the part of the judiciary.
References: Interview with Dr. Francisco Guterres, head of TIDS and currently appointed as the secretary of defense
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| 35 | Are there regulations governing conflicts of interest for the national-level judiciary? | |||||||
| 35a: In law, members of the national-level judiciary are required to file an asset disclosure form. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
Peer Review Comments: Has Indonesian law been considered?
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| 35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
Peer Review Comments: Are we certain that Indonesian law does not inform Timorese law in this regard?
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| 35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 35g: In practice, national-level judiciary asset disclosures are audited. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 36 | Can citizens access the asset disclosure records of members of the national-level judiciary? | |||||||
| 36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary. | ||||||||
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Comments: No such law is available. References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period. | ||||||||
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Comments: No such law is available. References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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| 36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost. | ||||||||
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Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
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