JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU National Seminar: Effectiveness and Quality in the Functions of the Formal Justice System Introduction The Democratic Republic of Timor-Leste is a democratic, sovereign, independent and unitary State based on the rule of law, the will of the people and the respect for the dignity of the human person. For all people to enjoy their constitutional rights, including the right to justice, hard work and collective energy is required on the part of the relevant legal institutions. In particular, institutions such as the Public Prosecution Service, Office of the Public Defender, private lawyers and the criminal investigations unit of the police are the main pillars within the framework of the criminal justice system. Although these institutions were established with different roles and mandates, they all have the same main objective, namely to ensure justice for all, especially for those seeking justice. These institutions play a crucial role and have a high level of institutional responsibility in relation to their constitutional mandate. Article 118.1 of the Constitution states that courts are organs of sovereignty with competencies to administer justice in the name of the people. Article 132.1 of the Constitution states that Public Prosecutors have the responsibility for representing the State, prosecuting, ensuring the defence of the underage, absentees and the disabled, defending the democratic legality, and promoting the enforcement of the law. In addition, Article 135.2 states that the primary role of lawyers and defenders is to contribute to the good administration of justice and to safeguarding the rights and legitimate interests of the citizens. Article 147.2 of the Constitution states that the intervention of the police within the criminal justice system shall be undertaken with due respect for human rights. For a legal process to be carried out in an effective manner and to a high standard, in the very least it will require a process that reflects the principle of “a fair trial” as a basic principle applied universally in all democratic states. This includes trials that are open and accessible, the right to a legal representative and proper defence, the right to the presumption of innocence, the right to present favorable witnesses, the right to communicate with a lawyer during an investigation and the right to be free from all forms of violence and pressure during the investigation process. All of these rights have been provided for as constitutional norms in the Constitution of the Democratic Republic of Timor-Leste. These principles should be reflected in every act of law enforcement, however in reality they are not implemented effectively and in several cases there have been failures to uphold these rights. This results in the courts and other legal institutions failing to protect the rights of the parties and failing to provide justice to those who seek it. In addition to these procedural problems, JSMP also observes substantive matters that can impact on the quality of outcomes in the formal justice system. For example, the application of incorrect articles in charges that do not reflect the severity of the crimes committed, as the result of poor quality investigations and insufficient preliminary evidence. Both lawyers and public defenders do not allocate enough time to meet with their clients, and in most cases lawyers are only able to meet with their clients at the court. The examination of evidence is not carried out in a thorough manner. JSMP has observed several cases where defendants have said that certain parties have knowledge about the charges against them, however neither the judges nor the prosecutors have summoned those people to hear their testimony. In addition, court decisions have not carefully balanced the aggravating and mitigating circumstances of each case to ensure a fair decision. Most deliberations have tended to look at the mitigating circumstances more so than the facts and aggravating circumstances in weighing up the interests of the defendant and the victim. In several cases the courts decision was only announced in the judge’s chambers, which has a profound impact on the principle of public access and accountability as well as the transparent administration of justice. These problems have impacted on the effectiveness and quality of the justice system which should in fact protect and ensure the rights of those seeking justice. JSMP has noted several concrete cases that provide references for questioning the quality and effectiveness of the formal justice system. Justice has only been seen as a “formality”, however there continues to be questions about “substantial/material” justice. With regard to this reality, JSMP is organizing a national seminar on the theme of “Effectiveness and Quality in the Functions of the Formal Justice System” to respond to the above concerns. Aim This seminar has the following core objectives: 1. To respond to public concerns relating to the quality of the formal justice system; 2. To understand the importance of the legal institutions and their role in the formal justice system and to ensure adequate protection for the constitutional rights of the people. 3. To identify obstacles impacting on the quality and effectiveness of the formal system and to seek alternatives to make improvements. Expectations JSMP hopes that through this seminar, judges, prosecutors, private lawyers and public defenders, as well as the PNTL’s criminal investigating unit will gain an understanding of the communitys justice requirements. When they are aware of this reality they will be able to dedicate themselves properly to protecting the interests and rights of the community to justice in the framework of a democratic nation based on the rule of law. Speakers This seminar will include speakers from the Court of Appeal, the Public Prosecution Service, the Office of the Public Defender, PNTL and ALFeLa as a representative of civil society. In addition to these speakers, an opportunity will be provided to victims of violence to share their impressions regarding the functioning of the formal justice system during their contact with the law from the outset through to the final decision of the court. Participants Those invited to attend the seminar include judicial actors, professionals from the justice sector, members of the Timor-Leste Bar Association (AATL), legal aid organizations, trainees from the Judicial Training Centre (PPJ), law students, representatives from the media and non-government organizations involved in the legal sphere as well as representatives from the Baucau ECM Institute and F-FSO Oecusse. Support: This seminar will be conducted with the support of The United Nations Democracy Fund (UNDEF). Topics for the speakers No. Institution Topic 1. President of the Court of Appeal The role of the courts in ensuring the effectiveness and quality of fair trials within the framework of the criminal justice system in Timor-Leste 2. The Office of the Prosecutor General The quality of a charge in ensuring protection for the rights of victims in the formal legal process 3. Coordinator of the Office of the Public Defender The quality of legal defence in the context of a fair trial 4. PNTL Criminal Investigation Unit Challenges for the criminal investigations process in regard to ensuring the quality and adequacy of evidence in the sphere of criminal justice 5. ALFeLa Protecting the rights of female and child victims in the formal justice system (progress and challenges) Date and location Date : 12 September 2014 Location : Delta Nova, Dili Time : 08:30 until finished Dili, 02 September 2014 For more information, please contact: Ana Paula Marçal LRU Coordinator Mobile: 77994108 Jose Maria Moniz JSMP Outreach Coordinator Mobile: 77402231
Posted on: Wed, 10 Sep 2014 20:08:09 +0000
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