Serviço Nacional de Inteligência

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Serviço Nacional de Inteligência

The Serviço Nacional de Inteligência (SNI) is East Timor's national intelligence service . It is one of three intelligence services alongside the Serviço de Informações de Polícia (SIP) and the Sistema de Informações Militares (SIM). The predecessor of the SNI was the Serviço Nacional de Segurança do Estado (SNSE). The SNI only has competencies within the territory of East Timor.

Overview

The ordinance ( Decreto-Lei ) 03/2009 of January 15, 2009 regulates the organization of the intelligence service and marks the foundation of the SNI.

According to Law 09/2008 on the National Intelligence Service System (Sistema Nacional de Inteligência da República Democrática de Timor-Leste) , the SNI procures information on the protection of national independence, national interests and the external and internal security of East Timor, as well as sabotage, terrorism, espionage, and organized To prevent crimes and acts that jeopardize the constitutional rule of law. The specific tasks of the SNI in Ordinance 03/2009 are the implementation of systematic investigations, tests, evaluation and storage of information and data. Prime ministers and state presidents must report on the activities, including with the help of studies and documentation. The SNI can propose to the Prime Minister cooperation with other forces and foreign security services. Information on criminal offenses should be forwarded to the competent authorities for criminal investigations. The only exceptions here are criminal offenses involving state secrets. Information on protecting internal security and preventing or combating crime must also be passed on to the responsible authorities. Citizens and in particular employees and representatives of the state are obliged to cooperate with the SNI within the applicable law. Executives of state bodies are obliged to inform the SNI if they become aware of serious criminal offenses, including sabotage, espionage, terrorism, trafficking in drugs and psychotropic substances and endangering the constitutional democratic state.

The SNI is a public service that reports directly to the Prime Minister of East Timor and enjoys administrative and financial autonomy. Agents of the SNI are not allowed to interfere with the competences of other state institutions, such as public prosecutors or courts. You are not allowed to bring lawsuits or arrest people. Even if the government is responsible for national security policy and the prime minister therefore has direct supervision of the SNI, it is forbidden to use it for (party) political purposes or as partisans.

As with the other two intelligence services, control of the SNI is taken over by the supervisory board of the National Intelligence Service System ( Portuguese Conselho de Fiscalização do Sistema Nacional de Inteligência ). Every year the supervisory board submits an activity report on the SNI to the national parliament. The President and Prime Minister must also examine the report. The Supervisory Board can convene the SNI's Board of Directors for its work. The Interministerial Commission for Internal Security (Comissão Interministerial de Segurança Interna) and the Technical Commission (Comissão Técnica) , the body of the chiefs of the East Timorese intelligence services, coordinate and exchange information between the SNI and the other intelligence services.

Activities and results of the SNI are classified as classified information of interest to national security. If serious crimes are involved, documents are classified as secret. Members of the SNI cannot be compelled by judicial or other authorities to divulge state secrets. If the judicial authority does not consider this to be justified, it can request the statement of the SNI employee from the Prime Minister.

Structure and employees

Cirilo Cristóvão (2017)
Manuel Serrano (2018)

The SNI is headed by a Director-Geral , who is appointed by the Prime Minister. The President must be consulted prior to the appointment. The general director receives the remuneration of a minister. He is supported by two deputy general directors. There is also a board of directors (Conselho Administrativo) . He is chaired by the general manager. The general director represents the SNI externally. He directs the activities of the service and the data center through inspection, control and coordination. The Director General carries out the Prime Minister's instructions and the decisions of the Board of Directors and has power over the SNI's budget by submitting a business plan and an activity report for the past year to the Prime Minister for approval. The General Director of the SNI is also the chairman of the Technical Commission. Furthermore, the General Director is responsible for maintaining the normal operation of the SNI and providing efficient human and material resources. He may not be politically active or be a member of a political party. He must keep the Prime Minister informed about the activities of the SNI. The Director General may only provide information to the media with the Prime Minister's permission. The General Director must remain neutral with regard to the work of the SNI and its operations.

Cirilo Cristóvão was appointed the first General Director of the SNI by Prime Minister Xanana Gusmão in October 2009. He held the office until he became East Timor's Defense Minister in 2015 . The current General Director of the SNI is Manuel Serrano (as of 2018).

In addition to the general director as chairman, the two deputies and the head of the administrative department are members of the SNI's administrative board. The Board of Directors prepares the annual budget for submission to the Prime Minister and manages the budget. The Board of Directors approves expenses within the limits set on behalf of the Prime Minister.

The SNI is divided into the departments Internal Information , External Information and the Administration Department . The internal organization of the departments is proposed by the General Director to the Prime Minister for a decision.

The employees of the SNI are employees of the public administration, management personnel can be civil experts, but also members of the police and the military who are managed in accordance with the Civil Service Act. Civil servants, soldiers and police officers who are seconded to the SNI may not have any disadvantages in their further career or in their rights. Prerequisites for employment at the SNI are an impeccable reputation, high level of professional competence and a school education equivalent to at least 12th grade. The employees of the SNI must be native East Timorese, at least 25 and no more than 35 years old. You are not allowed to hold any political office or have never been sentenced to prison. In addition, they must never have been charged with a crime against the constitution or have ever worked for a foreign intelligence service.

In-service training is stipulated by another law. In addition to this special training, they are allowed to own and use firearms if the General Director has decided to do so. Special tasks are compensated. The retirement benefit will be increased by 25% for the time in the service of the SNI. The employees of the SNI are not allowed to pursue any other activities. They are also prohibited from actively participating in a political party or a trade union. You can express yourself publicly on politics, parties or unions. They have no right to strike and must be available for duty at all times.

Disciplinary matters follow the general rules of public administration. Disciplinary offenses include violating the authority of the service and disclosing information and reports contrary to regulations. Negligence and attempts are also punishable. Sanctions generally follow the statutes of the public service. In addition, they can be removed from the service of the SNI and terminated. Preventive suspension is possible. Disciplinary sanctions can be imposed by the General Manager. The deputy general directors are responsible for the officials in the administrative department.

Members of the SIM and SIP are also assigned to the SNI. However, soldiers and police officers are not allowed to exercise any military or police functions as long as they are subordinate to the SNI.

The data center

The SNI has its own data center for processing and storing data that is part of its activities. The criteria and the technical equipment are determined by the Council of Ministers and the Interministerial Commission for Internal Security (Comissão Interministerial de Segurança Interna) . Officials and agents of the SNI have access to the data, provided they are authorized to do so by their superiors. Their use for purposes outside the work of the SNI is prohibited. In the event of errors in the data or irregularities, the supervisory board of the national intelligence service system must be informed. If incorrect, illegal or in violation of rights, freedoms or guarantees from persons have been used in official acts, court or administrative proceedings, you have the right to appeal. In such cases, the supervisory board is responsible for deleting or correcting the data in the data center.

Web links

Commons : Serviço Nacional de Inteligência  - Collection of images, videos and audio files

supporting documents

Main evidence

Individual evidence

  1. ↑ Jornal da República : Lei do parlamento 02/2010, Article 39 , accessed on May 2, 2017.
  2. ↑ SNI: História , accessed on May 2, 2017.
  3. ↑ Decreto-Lei 03/2009, Article 6.
  4. ↑ a b c Decreto-Lei 03/2009.
  5. ↑ Decreto-Lei 03/2009, Article 3.
  6. ↑ a b c d e Lei do Parlamento 09/2008.
  7. ↑ Decreto-Lei 03/2009, Article 5.
  8. ↑ Decreto-Lei 03/2009, Article 7.
  9. ^ Government of Timor-Leste: Structure of the VI Constitutional Government , accessed May 2, 2017.
  10. ↑ Jornal da República : Decreto-Lei 06/2015, Artigo 11.º , accessed on May 2, 2017.
  11. ↑ Decreto-Lei 03/2009, Article 29.
  12. ↑ Decreto-Lei 03/2009, Article 30.
  13. ↑ Decreto-Lei 03/2009, Articles 8 and 9.
  14. ↑ Decreto-Lei 03/2009, Article 8.
  15. ↑ a b Decreto-Lei 03/2009, Article 10.
  16. ↑ Decreto-Lei 03/2009, Article 11.
  17. ↑ CPLP: Dr. Cirilo José V. Cristóvão , accessed on May 2, 2017.
  18. ↑ Diário de Notícias: Conselho dá aval a promoções nas Forças de Defesa de Timor-Leste , May 28, 2018 , accessed on May 28, 2018.
  19. ↑ Decreto-Lei 03/2009, Article 12.
  20. ↑ Decreto-Lei 03/2009, Article 13.
  21. ↑ Decreto-Lei 03/2009, Article 14.
  22. ↑ Decreto-Lei 03/2009, Article 16.
  23. ↑ Decreto-Lei 03/2009, Article 17.
  24. ↑ Decreto-Lei 03/2009, Article 15.
  25. ↑ Decreto-Lei 03/2009, Article 18.
  26. ↑ Decreto-Lei 03/2009, Article 19.
  27. ↑ Decreto-Lei 03/2009, Article 20.
  28. ↑ Decreto-Lei 03/2009, Article 21.
  29. ↑ Decreto-Lei 03/2009, Article 22.
  30. ↑ Decreto-Lei 03/2009, Article 24.
  31. ↑ Decreto-Lei 03/2009, Article 23.
  32. ^ Fundasaun Mahein (FM): Is Timor-Leste's Intelligence Service Succeeding? , March 17, 2014 , accessed May 2, 2017.
  33. ↑ Decreto-Lei 03/2009, Article 25.
  34. ↑ Decreto-Lei 03/2009, Article 26.
  35. ↑ Decreto-Lei 03/2009, Article 27.
  36. ↑ Decreto-Lei 03/2009, Article 28.