East Timor Supreme Court of Justice explained

Court Name:East Timor Supreme Court of Justice
Native Name:Tetum: Tribunal de Recurso de Timor-Leste
Imagesize2:250px
Location:CHRG+2R9, R. Caicoli, Díli, East Timor
Type:Nominated by the Superior Council for Judicial Magistrates with National Parliament confirmation and Presidential appointment.
Authority:East Timorese Constitution § 124
Chiefjudgetitle:Court President
Chiefjudgename:Deolindo dos Santos

The East Timor Supreme Court of Justice (Tetum: Tribunal de Recurso de Timor-Leste), also known as the Court of Appeal of East Timor, is the highest court of East Timor. It was established by the Constitution of East Timor with ultimate jurisdiction over all legal, constitutional and electoral matters (§ 124 Art. 1 and 2 of the Constitution).[1]

The seat of the court is in the Borohun district (Suco Caicoli) on Rua de Caicoli, west of the Municipal Market of Dili.

History

The United Nations Transitional Administration in East Timor (UNTAET) established a transitional judicial court service in 2000, consisting of a small number of Timorese judges, prosecutors, and public defenders.[2] On 7 January 2000, the first group of judges took their seats.

With the restoration of East Timor's independence on 20 May 2002, the Constitution became valid, which in section 124 calls for the creation of a Supreme Court. Its function and composition are regulated in section 125. Depending on the legal provisions, it can act as the first or second or only instance. It is composed of professional judges, magistrates of the ministry and jurists of merit. One judge is appointed by the National Parliament, the others by the Superior Council for Judicial Magistrates (Tetum: Conselho Superior da Magistratura Judicial). The president of the Court is appointed by the president of East Timor from among the judges of the Court of Appeal.

Meanwhile, on 21 June 2007, East Timor witnessed the swearing-in of the first group of twenty-seven national judges, prosecutors, and public defenders, graduates of the legal training center in Caicoli, as well as permanent agents of sovereign bodies and a special representative of the UN Secretary General. First, the Coordination Council oversaw the UNDP Justice Strengthening Programme's implementation, which trained public defenders and national judicial groups (which included the minister of justice, the president of the Court of Appeal and the public prosecutor-general). The programme had the support of the governments of Australia, Brazil, United States of America, Ireland, Norway, Portugal and Sweden.

Section 126 of the Constitution defines the competences of the court. It deals with all legal constitutional questions, checks for unconstitutional conduct by legal and administrative organs of the state and the constitutionality of ordinances, laws and referendums. Likewise, the court examines for unconstitutionality by omission or the unconstitutional rulings of lower instances.

In addition, there is the constitutional and legal examination of the legality of the formation, registration or dissolution of political parties and their coalitions. In presidential elections, the Supreme Court examines the legal requirements for candidates and, in all elections, the conformity of the actions in the electoral process with the valid law. Finally, the court examines the election results and officially announces them.

Court composition

Article 125 of the Constitution states that the Supreme Court shall consist of career judges or magistrates of the Public Prosecution or jurists of recognised merit. The number of members is determined by law. There shall be one judge elected by the National Parliament, and the others shall be appointed by the Higher Council of the Judiciary. All judges must be Timorese.[3]

Presidents

The term of office of the president of the court is four years and can be extended.

President of the East Timor Supreme Court of Justice!Name!Picture!Term of office!Notes
Cláudio de Jesus Ximenes2003–2014Twice confirmed in office, early resignation[4]
Guilhermino da Silva2014–2017Resigned in 2017 for health reasons.[5]
Maria Natércia Gusmão Pereirainterim 2007–2009, 2015/16, 2017[6]
Deolindo dos SantosSince 28 April 2017[7]

Other judges

Former judges

To support the development of East Timor's judicial system, judges from other countries were also appointed until 2014.

Notes and References

  1. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constituicao_RDTL_PT.pdf East Timor Constitution
  2. Web site: História e competências . 27 January 2023 . Tribunais Timor-Leste . pt.
  3. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constituicao_RDTL_PT.pdf East Timor Constitution, Article 125
  4. News: 27 February 2013 . Ex-presidente de Tribunal de Recurso timorense rejeita vinganças pessoais na Justiça . pt . Notícias Timor-Leste . SAPO . dead . https://web.archive.org/web/20140304004130/http://noticias.sapo.tl/portugues/lusa/artigo/17382253.html . 4 March 2014.
  5. News: 24 April 2017 . Prezidente Tribunál Rekursu Rejigna-án . tet . . 26 January 2023.
  6. Web site: Presentation . dead . https://web.archive.org/web/20160701205700/http://cjcplp.org/cjcplp/presentation/ . 1 July 2016 . 1 July 2016 . Conferência das Jurisdições Constitucionais dos Paises de Lingua Portuguesa.
  7. Website of the President of East Timor: Press Release : His Excellency the President of the Republic, Taur Matan Ruak, Accepted the Request for Resignation of Judge Guilhermino da Silva and Appointed Judge Deolindo dos Santos as the New President of the Court of Appeal, 28. April 2017, Retrieved on 28 April 2017.
  8. Web site: Tribunais Timor-Leste . 26 January 2023 . pt.
  9. Book: Rimmer, Susan Harris . Gender and Transitional Justice: The Women of East Timor . 2010 . Routledge . 978-1-135-27245-6 . Abingdon, Oxon . en.
  10. News: 28 May 2020 . Tribunal de Recurso timorense indefere recurso sobre eleição de presidente do parlamento . pt . Lusa . 28 May 2020 . Facebook.
  11. News: Kakaire . Sulaiman . 6 June 2013 . MPs write to Museveni over Justices Egonda, Gaswaga . en . The Observer . 26 January 2023.
  12. Web site: 6 November 2014 . Porque Xanana expulsou magistrados portugueses . 26 January 2023 . Visão . pt.