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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
70 Is there legislation criminalizing corruption? 100

Indicator and sub-Indicator Details

70 Is there legislation criminalizing corruption?
 
  70a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments: There is confusion about whether ET is applying Indonesian law, or TImorese or UN and/or Portuguese law. Our access to applicable laws is limited in this country. Every group applies its own law, and people were the victims of these ambiguities.

References: KUHP (Indonesian law), according to law decree # 1/2000

Indonesian exists in practice until Timor has its own law and as long as it is not against human rights and international conventions. If this applies, then it is under law article 415 & 418 as well as 31/99.

Peer Review Comments: Public access to information is certainly a problem, as is awareness about what is or is not in place in terms of laws and regulations. That said, I am not sure what is meant by "every group applies its own law," as Timor-Leste is just now developing its own laws. In the meantime, Indonesian laws apply, unless these are contrary to human rights standards, or U.N. or Timorese laws have already been passed in place of older Indonesian laws. While certain similarities exist in some cases, Portuguese law is not applicable in Timor-Leste.

  70b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments:

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

Peer Review Comments: the assessor is not taking of the legal situation but the situation in practice -

  70c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

  70d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

  70e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

  70f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

  70g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

Peer Review Comments: See Code of Ethics, annexed to Civil Service Law.

  70h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

  70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments:

References: Law No. 31/99

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