Children and adults continue to be tried in court under the same system as the government lacks human resources and has not established a specific place to hold separate trials.
The Director of Judicial System Monitoring Program (JSMP), Luis Sampaio said the system used for children and adults was similar in terms of the way they are treated and questioned.
He said this was a major issue faced by children in the trial process because they lacked often the ability and knowledge to answer the questions.
“The judges have limited of knowledge of children’s situation, therefore the questions for children and adults are similar,” he said.
In some cases, he said children were witnesses in cases involving their parents and were questioned by the judge in open court.
However, Sampaio said children should not have to provide testimony in front of the parents as this could affect their wellbeing.
“Even though we don’t have had juvenile justice law and children’s code, the state should think to separate trials involving children,” he said.
JSMP also expressed concern that children over 16 were being imprisoned with adult offenders.
He said Timor-Leste should establish a rehabilitation center for children who have committed crimes so that they can receive proper psychological support.
Although under the law, a jail term cannot be imposed on children under 16, they often have nowhere to go once the trial process ends, said Sampaio.
In 2015, Minister of Justice Ivo Valente promised to provide a place and human resources to assist children who were in conflict with law.
The government has since identified a suitable site in Tibar to establish a rehabilitation center for children under 16, but the minister said there was currently no funding available.
