CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

 

 

TITLE V

COURTS

 

CHAPTER I

COURTS AND THE JUDICIARY

 

Section 118

(Jurisdiction)

 

 

1. Courts are organs of sovereignty with competencies to administer justice in the name

of the people.

2. In performing their functions, the courts shall be entitled to the assistance of other authorities.

3. Court decisions shall be binding and shall prevail over the decisions of any other authority.

 

Section 119

(Independence)

     

 

Courts are independent and subject only to the Constitution and the law.

 

 

Section 120

Review of unconstitutionality

 

      

 The courts shall not apply rules that contravene the Constitution or the principles contained therein.

 

 

Section 121

(Judges)

 

  

1. Jurisdiction lies exclusively with the judges installed in accordance with the law.

2. In performing their functions, judges are independent and owe obedience only to the Constitution, the law and to their own conscience.

3. Judges have security of tenure and, unless otherwise provided for by law, may not be transferred, suspended, retired or removed from office.

4. To guarantee their independence, judges may not be held liable for their judgments and decisions, except in the circumstances provided for by law.

5. The law shall regulate the judicial organization and the status of the judges of the courts of law.

 

 

Section 122

(Exclusivity)

   

   

Judges in office may not perform any other functions, whether public or private, other than teaching or legal research, in accordance with the law.

 

 

Section 123

(Categories of courts)

 

 

1. There shall be the following categories of courts in the Democratic Republic of East

Timor:

a) The Supreme Court of Justice and other courts of law;

b) The High Administrative, Tax and Audit Court and other administrative courts of first instance;

c) Military Courts.

2. Courts of exception shall be prohibited and there shall be no special courts to judge certain categories of criminal offence.

3. There may be Maritime Courts and Arbitration Courts.

4. The law shall determine the establishment, organization and functioning of the courts provided for in the preceding items.

5. The law may institutionalize means and ways for the non-jurisdictional resolution of disputes.

 

 

Section 124

(Supreme Court of Justice)

 

   

 

1. The Supreme Court of Justice is the highest court of law and the guarantor of a uniform enforcement of the law, and has jurisdiction throughout the national territory.

2. It is also incumbent on the Supreme Court of Justice to administer justice on matters of legal, constitutional and electoral nature.

3. The President of the Supreme Court of Justice shall be appointed by the President of the Republic from among judges of the Supreme Court of Justice for a term of office of four years.

 

 

Section 125

 (Functioning and Composition)

 

 

1. The Supreme Court of Justice shall operate:

a) In sections, like a court of first instance, in the cases provided for in the law;

b) In plenary, like a court of second and single instance, in the cases expressly provided for in the law;

2. The Supreme Court of Justice shall consist of career judges, magistrates of the Public Prosecution or jurists of recognized merit in number to be established by law, as follows:

a) One elected by the National Parliament;

b) And all the others designated by the Superior Council for the Judiciary.

 

 

Section 126

(Electoral and Constitutional Competence)

 

 

1. It is incumbent upon the Supreme Court of Justice, on legal and constitutional matters:

a) To review and declare the unconstitutionality and illegality of normative and legislative acts by the organs of the State;

b) To provide an anticipatory verification of the legality and constitutionality of the statutes and referenda;

c) To verify cases of unconstitutionality by omission;

d) To rule, as a venue of appeal, on the suppression of norms considered unconstitutional by the courts of instance;

e) To verify the legality regarding the establishment of political parties and their coalitions and order their registration or dissolution, in accordance with the Constitution and the law;

f) To exercise all other competencies provided for by the Constitution or the law.

2. It is incumbent upon the Supreme Court of Justice, in the specific field of elections:

a) To verify the legal requirements for candidates for the office of President of the Republic;

b) To certify at last instance the regularity and validity of the acts of the electoral process, in accordance with the respective law;

c) To validate and proclaim the results of the electoral process.

 

Section 127

(Eligibility)

 

1. Only career judges or magistrates of the Public Prosecution or jurists of recognized merit of East Timorese nationality may become members of the Supreme Court of Justice.

2. In addition to the requirements referred to in the preceding item, the law may define other requirements.

 

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.

 

 Section 129

(High Administrative, Tax and Audit Court)

 

 

1. The High Administrative, Tax and Audit Court is the highest body in the hierarchy of the administrative, tax and audit courts, without prejudice to the competence of the Supreme Court of Justice.

2. The President of the High Administrative, Tax and Audit Court is elected from among and by respective judges for a term of office of four years.

3. It is incumbent upon the High Administrative, Tax and Audit Court as a single instance to monitor the lawfulness of public expenditure and to audit State accounts.

4. It is incumbent upon the High Administrative, Tax and Audit Court and the administrative and tax courts of first instance:

a) To judge actions aiming at resolving disputes arising from legal, fiscal and administrative relations;

b) To judge contentious appeals against decisions made by State organs, their respective office holders and agents;

c) To perform all the other functions as established by law.

 

 

Section 130

(Military Courts)

 

 

1. It is incumbent upon military courts to judge in first instance crimes of military nature.

2. The competence, organization, composition and functioning of military courts shall be established by law.

 

Section 131

(Court Hearings)

 

 

Court hearings shall be public, unless the court hearing a matter rules otherwise through a well-founded order to safeguard personal dignity or public morality and national security, or guarantee its own smooth operation.

 

 

CHAPTER II

PUBLIC PROSECUTORS

 

Section 132

(Functions and Status)

 

 

1. Public Prosecutors have the responsibility for representing the State, prosecuting, ensuring the defense of the underage, absentees and the disabled, defending the democratic legality, and promoting the enforcement of the law.

2. Public Prosecutors shall be a body of judicial officers, hierarchically graded, and shall be accountable to the Prosecutor General.

3. In performing their duties, Public Prosecutors shall be subject to legality, objectivity and impartiality criteria, and obedience toward directives and orders as established by law.

4. Public Prosecutors shall be governed by their own statutes, and shall only be suspended, retired or dismissed under the circumstances provided for in the law.

5. It is incumbent upon the Office of the Prosecutor-General to appoint, assign, transfer and promote public prosecutors and exercise disciplinary actions.

 

 

 Section 133

(Office of the Prosecutor-General )

 

1. The Office of the Prosecutor-General is the highest authority in public prosecution, and its composition and competencies shall be defined by law.

2. The Office of the Prosecutor-General shall be headed by the Prosecutor-General, who, in his or her absence or inability to act, shall be replaced in accordance with the law.

3. The Prosecutor-General shall be appointed by the President of the Republic for a term of office of six years, in accordance with the terms established by law.

4. The Prosecutor-General shall be accountable to the Head of State and shall submit annual reports to the National Parliament.

5. The Prosecutor-General shall request the Supreme Court of Justice to make a generally binding declaration of unconstitutionality of any law ruled unconstitutional in three concrete cases.

6. Deputy Prosecutor-General s shall be appointed, dismissed or removed from office by the President of the Republic after consultation with the Superior Council for the Public Prosecution.

 

 

Section 134

(Superior Council for the Public Prosecution)

 

 

1. The Superior Council for the Public Prosecution is an integral part of the office of the

Prosecutor General.

2. The Superior Council for the Public Prosecution shall be headed by the Prosecutor General and shall comprise 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 magistrates of the Public Prosecution from among their peers.

3. The law shall regulate the competence, organization and functioning of the Superior Council for the Public Prosecution.