According to analysis conducted by the Judicial Monitoring System Program (JSMP) on the quality of sentencing handed down by the four municipal courts of Baucau, Suai, Oe-cusse and Dili, decisions handed down were fair and legally based.
JSMP’s Executive Director Luis Oliveira Sampaio said monitoring conducted inside the four courts’ rooms noted the community got a fair access to justice with their legal disputes.
“For instance in cases of fighting, an accused usually get 1-2 years sentence,” said Director Sampaio.
He added that in order to determine the fairness of a court decision certain legal standards have to be taken into account in order to sentence an accused person and that for instance in cases of sexual abuse between adults, the prescribed sentence is between 5-10 years jail.
“All decisions must be based on the facts and on the evidence presented. If anyone has been accused, the accusation has to stand in a court of law and that an offence took place according to the alleged circumstances.”
He added though that judges also take into the account the economic situation of the accused, their level of regret and their personal background as well.
“In most cases of Domestic Violence this is what is taken into account.”
Member of Parliament MP Arao Noe from Commission A (constitutional, justice, public administration, local power and anti-corruption) said he considers the work of JSMP bas being very important because the organization provides good analysis of the courts and the judicial system in Timor-Leste.
“So that we can know what more needs to be done and what needs to be fixed,” said MP Noe.
He urged JSMP to continue doing its work and to work with the government to make improvements to the judicial system in the country.
