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East Timor Supreme Court of Justice

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. 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]

East Timor Supreme Court of Justice
Tribunal de Recurso de Timor-Leste
Logo of the Supreme Court
Established20 May 2002 (2002-05-20)
Jurisdiction East Timor
LocationCHRG+2R9, R. Caicoli, Díli, East Timor
Coordinates8°33′36″S 125°34′38″E / 8.559944698819644°S 125.57711683686809°E / -8.559944698819644; 125.57711683686809Coordinates: 8°33′36″S 125°34′38″E / 8.559944698819644°S 125.57711683686809°E / -8.559944698819644; 125.57711683686809
Composition methodNominated by the Superior Council for Judicial Magistrates with National Parliament confirmation and Presidential appointment.
Authorized byEast Timorese Constitution § 124
Websitewww.tribunais.tl
Court President
CurrentlyDeolindo dos Santos
Since28 April 2017 (2017-04-28)

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

History

 
Deolindo dos Santos in the courtroom of the Tribunal

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 January 7, 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 § 124 calls for the creation of a Supreme Court. Its function and composition are regulated in § 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).[1] The President of the Court is appointed by the President of East Timor from among the judges of the Court of Appeal.

Meanwhile 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.[2] 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 Program had the support of the Governments of Australia, Brazil, United States of America, Ireland, Norway, Portugal and Sweden.[2]

§ 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.[1]

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 recognized 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 Ximenes   2003–2014 Twice confirmed in office, early resignation[4]
Guilhermino da Silva   2014–2017 Resigned in 2017 due to health reasons.[4][5]
Maria Natércia Gusmão Pereira   interim 2007–2009, 2015/16, 2017 [6]
Deolindo dos Santos   Since 28 April 2017 [7]

Other judges

  • Maria Natércia Gusmão Pereira[8]
  • Jacinta Correia da Costa, Since 2003[9]
  • Duarte Tilman Soares[10]
  • António José Fonseca de Jesus[10]

Former judges

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

References

  1. ^ a b c East Timor Government website: Constituição de Timor Leste (portugiesisch), Retrieved on 28 February 2014
  2. ^ a b c "História e competências | TRIBUNAIS" (in Brazilian Portuguese). 21 July 2020. Retrieved 27 January 2023.
  3. ^ Article 125 of the East Timor Constitution
  4. ^ a b SAPO: at the Wayback Machine (archived 2014-03-04), Retrieved on 28 February 2014.
  5. ^ "Prezidente Tribunál Rekursu Rejigna-án". Tatoli Agência Noticiosa de Timor-Leste. 24 April 2017. Retrieved 26 January 2023.
  6. ^ CJCPLP: Presentation, Retrieved on 1 July 2016.
  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. ^ a b c "INÍCIO | PORTAL DO TRIBUNAL DE RECURSO TIMOR-LESTE" (in Brazilian Portuguese). 17 February 2020. Retrieved 26 January 2023.
  9. ^ Rimmer, Susan Harris (25 February 2010). Gender and Transitional Justice: The Women of East Timor. Routledge. ISBN 978-1-135-27245-6.
  10. ^ a b Lusa: Tribunal de Recurso timorense indefere recurso sobre eleição de presidente do parlamento, 28 May 2020, Retrieved on 28 May 2020.
  11. ^ Kakaire, Sulaiman. "MPs write to Museveni over Justices Egonda, Gaswaga". The Observer - Uganda. Retrieved 26 January 2023.
  12. ^ "Visão | Porque Xanana expulsou magistrados portugueses". Visão (in European Portuguese). 6 November 2014. Retrieved 26 January 2023.

east, timor, supreme, court, justice, tetum, tribunal, recurso, timor, leste, also, known, court, appeal, east, timor, highest, court, east, timor, established, constitution, east, timor, with, ultimate, jurisdiction, over, legal, constitutional, electoral, ma. 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 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 East Timor Supreme Court of JusticeTribunal de Recurso de Timor LesteLogo of the Supreme CourtEstablished20 May 2002 2002 05 20 Jurisdiction East TimorLocationCHRG 2R9 R Caicoli Dili East TimorCoordinates8 33 36 S 125 34 38 E 8 559944698819644 S 125 57711683686809 E 8 559944698819644 125 57711683686809 Coordinates 8 33 36 S 125 34 38 E 8 559944698819644 S 125 57711683686809 E 8 559944698819644 125 57711683686809Composition methodNominated by the Superior Council for Judicial Magistrates with National Parliament confirmation and Presidential appointment Authorized byEast Timorese Constitution 124Websitewww wbr tribunais wbr tlCourt PresidentCurrentlyDeolindo dos SantosSince28 April 2017 2017 04 28 The seat of the court is in the Borohun district Suco Caicoli on Rua de Caicoli west of the Municipal Market of Dili Contents 1 History 2 Court composition 2 1 Presidents 2 2 Other judges 2 3 Former judges 3 ReferencesHistory Edit Deolindo dos Santos in the courtroom of the Tribunal 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 January 7 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 124 calls for the creation of a Supreme Court Its function and composition are regulated in 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 1 The President of the Court is appointed by the President of East Timor from among the judges of the Court of Appeal Meanwhile 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 2 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 Program had the support of the Governments of Australia Brazil United States of America Ireland Norway Portugal and Sweden 2 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 1 Court composition EditArticle 125 of the Constitution states that the Supreme Court shall consist of career judges or magistrates of the Public Prosecution or jurists of recognized 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 Edit 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 NotesClaudio de Jesus Ximenes 2003 2014 Twice confirmed in office early resignation 4 Guilhermino da Silva 2014 2017 Resigned in 2017 due to health reasons 4 5 Maria Natercia Gusmao Pereira interim 2007 2009 2015 16 2017 6 Deolindo dos Santos Since 28 April 2017 7 Other judges Edit Maria Natercia Gusmao Pereira 8 Jacinta Correia da Costa Since 2003 9 Duarte Tilman Soares 10 Antonio Jose Fonseca de Jesus 10 Former judges Edit To support the development of East Timor s judicial system judges from other countries were also appointed until 2014 Claudio de Jesus Ximenes 2003 2014 Guilhermino da Silva 2014 2017 Frederick Egonda Ntende from Uganda 11 Jose Luis da Goia From Portugal 8 Cid Orlando Geraldo From Portugal 8 12 Jose Maria Calvario Antunes From Portugal June 2003 References Edit a b c East Timor Government website Constituicao de Timor Leste portugiesisch Retrieved on 28 February 2014 a b c Historia e competencias TRIBUNAIS in Brazilian Portuguese 21 July 2020 Retrieved 27 January 2023 Article 125 of the East Timor Constitution a b SAPO Ex presidente de Tribunal de Recurso timorense rejeita vingancas pessoais na Justica 27 February 2013 at the Wayback Machine archived 2014 03 04 Retrieved on 28 February 2014 Prezidente Tribunal Rekursu Rejigna an Tatoli Agencia Noticiosa de Timor Leste 24 April 2017 Retrieved 26 January 2023 CJCPLP Presentation Retrieved on 1 July 2016 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 dead link Retrieved on 28 April 2017 a b c INICIO PORTAL DO TRIBUNAL DE RECURSO TIMOR LESTE in Brazilian Portuguese 17 February 2020 Retrieved 26 January 2023 Rimmer Susan Harris 25 February 2010 Gender and Transitional Justice The Women of East Timor Routledge ISBN 978 1 135 27245 6 a b Lusa Tribunal de Recurso timorense indefere recurso sobre eleicao de presidente do parlamento 28 May 2020 Retrieved on 28 May 2020 Kakaire Sulaiman MPs write to Museveni over Justices Egonda Gaswaga The Observer Uganda Retrieved 26 January 2023 Visao Porque Xanana expulsou magistrados portugueses Visao in European Portuguese 6 November 2014 Retrieved 26 January 2023 This East Timor related article is a stub You can help Wikipedia by expanding it vte This article about law in Asia is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title East Timor Supreme Court of Justice amp oldid 1136659276, wikipedia, wiki, book, books, library,

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