Defensoria Pública (East Timor)

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The Defensoria Pública ( Portuguese for "Public Defense") is a government agency in East Timor that reports to the Ministry of Justice . The head office is located on Avenida Bispo Medeiros , in Dili 's Balide district . There are further district offices in Baucau , Suai and Pante Macassar . The head of the authority (Defensor Público Geral) was Sérgio Hornai from 2009 to 2018 .

tasks

The Office provides unlimited and free legal assistance to citizens who cannot afford a lawyer. The Defensor Pública represents the interests of his client in court and defends him in the event of a charge. Outside of legal proceedings, he mediates settlements between parties in a conflict of interest.

The protection of the rights of women, children, the elderly, people with physical or mental disabilities and prisoners is an absolute priority for the agency. In order to ensure the exercise of the rights and guarantees of prisoners and detainees, the authorities register police and penal institutions. In addition, the Defensoria Pública informs the population about their rights, offers legal advice and enables all citizens to have access to the courts. It finances mediation or arbitration proceedings in East Timor for citizens if necessary. The Authority protects them in extrajudicial proceedings to advance their legitimate interests in legal disputes and to promote arbitration between the parties to the dispute.

In addition, the Defensoria Pública represents citizens vis-à-vis organs and services, such as the police , the correctional and tax services, the customs authorities, the immigration authorities, the social security services, the registration services, the notarial service and the consumer protection authorities.

The Defensoria Pública assumes its functions independently of the parties to the dispute, even if one of them is the state or another legal person under public law.

background

The authority was created with the UNTAET Regulation No. 24 of September 5, 2001. The Defensoria Pública was not given constitutional status in the East Timorese constitution of 2002 , even if the role of lawyers and defenders is regulated in Chapter III, Section 135.

Until 2005, the Defensoria Pública took on the role of defender for those accused by the Serious Crimes Unit (SCU), in the Special Panels for Serious Crimes (SPSC), for crimes against humanity in East Timor in 1999 ( see also: Operation Donner ).

On October 29, 2008, the status of the authority was redefined with the Legislative Decree 38/2008.

In 2013, the agency had 16 East Timorese defense lawyers, three foreign defense lawyers, and 31 judicial officers.

Web links

Individual evidence

  1. a b c d e East Timor’s Ministry of Justice: Defensoria Pública , accessed on January 17, 2019.
  2. ^ East Timor law and Justice Bulletin: Swearing-in of New Judicial Actors in East Timor , May 22, 2009 , accessed January 15, 2019.
  3. Defensoria Pública da Uniao: PORTARIA GABDPGF DPGU Nº 461, DE 14 DE JUNHO DE 2018 , June 19, 2018 , accessed on January 15, 2019.
  4. a b c d Defensoria Pública no Timor-Leste: Defensoria Pública de Timor-Leste May 28, 2013 , accessed on January 15, 2019.
  5. DECRETO-LEI N.º 38/2008 de 29 de Outubro ESTATUTO DA DEFENSORIA PÚBLICA , accessed on January 17, 2019.