Tribunal de Recurso de Timor-Leste

Tribunal de Recurso de Timor-Leste

State level
position	Constitutional body
founding	May 20, 2002
Headquarters	Dili
Chair	President of the Court Guilhermino da Silva
Website	www.tribunais.tl

The Tribunal de Recurso de Timor-Leste ( German  Appeal Court of East Timor ), according to the constitution the Supremo Tribunal de Justiça ( German  Supreme Court ) is the highest court in East Timor and guarantees the impartiality of the law in the national territory of the republic. It is responsible for criminal law, constitutional questions and the electoral law (§ 124 Art. 1 and 2 of the Constitution).

The seat of the court is in Suco Caicoli on Rua de Caicoli, west of the Mercado Municipal .

History and skills

With the restoration of the independence of East Timor on May 20, 2002, the constitution came into effect, which in Section 124 calls for the creation of a Supreme Court. Its function and composition are regulated in Section 125. Depending on the legal requirements, it can act as the first, second or only instance. Professional judges, magistrados of the ministry and qualified lawyers sit in it . One judge is appointed by the national parliament, the others by the Conselho Superior da Magistratura Judicial ( German  Supreme Legal Council ). The President of the Court is appointed by the President of East Timor from among the judges of the Court of Appeal.

Section 126 of the constitution defines the powers of the court. It deals with all legal constitutional questions, checks for unconstitutional behavior of legal and administrative organs of the state and constitutionality of ordinances, laws and referendums. Likewise, the court examines unconstitutionality through omissions or unconstitutional judgments by lower instances.

In addition, there is the constitutional and legal examination of the legality of the formation, registration or dissolution of political parties and their coalitions. In the presidential election, the Supreme Court examines the legal requirements for the candidates and, in all elections, the conformity of the actions in the electoral process with the applicable law. Finally, the court reviews the election results and officially announces them.

Members

Under Article 125 of the Constitution, members of the Supreme Court can become professional judges, prosecutors or lawyers of recognized merit who are East Timorese. The number of members is determined by a law. The president of the court is appointed by the president, the others are elected by the national parliament and appointed by the Supreme Council of Justice.

President

The term of office of the court president is four years. It can be extended.

President of the Tribunal de Recurso de Timor-Leste

Surname	image	Term of office	Remarks
Cláudio de Jesus Ximenes		2003-2014	Confirmed twice in office, early resignation
Guilhermino da Silva		2014-2017	Resigned in 2017 for health reasons.
Maria Natércia Gusmão Pereira		interim 2007–2009, 2015/16, 2017
Deolindo dos Santos		since April 28, 2017

More judges

• Maria Natércia Gusmão Pereira
• Jacinta Correia da Costa (East Timor), since 2003
• Duarte Tilman Soares
• António José Fonseca de Jesus

Former judges

Judges from other countries were also deployed to support the establishment of the East Timorese justice system until 2014.

• Frederick Egonda-Ntende (from Uganda )
• José Luís da Góia (from Portugal)
• Cid Orlando Geraldo (from Portugal)
• José Maria Calvário Antunes (Portugal), June 2003 -?

See also

• List of members of the International Organization of Supreme Audit Institutions

Web links

• Tribunal de Recurso de Timor-Leste

Individual evidence

1. ↑ ^{a b c} Website of the East Timorese government: Constituição de Timor Leste (Portuguese) , accessed on February 28, 2014
2. ↑ ^{a b} SAPO: Ex-presidente de Tribunal de Recurso timorense rejeita vinganças pessoais na Justiça , February 27, 2013 , accessed on February 28, 2014.
3. ↑ Agência Noticiosa de Timor-Leste - Tatoli: Prezidente Tribunal Rekursu Rejigna-án , April 24, 2017 , accessed April 24, 2017th
4. ↑ CJCPLP: Presentation , accessed July 1, 2016.
5. ↑ Website of the President of East Timor: Press Release: His Excellency the President of the Republic, Taur Matan Ruak, Accepted the Request for Resignation of Judge Guilhermino da Silva and Appointed Judge Deolindo dos Santos as the New President of the Court of Appeal , April 28th 2017 , Retrieved April 28, 2017.
6. ↑ ^{a b c} Tribunais de Timor-Leste: Juízes , accessed on April 28, 2017.
7. ^ Susan Harris Rimmer: Gender and Transitional Justice: The Women of East Timor , 2010
8. ↑ ^{a b} Lusa: Tribunal de Recurso timorense indefere recurso sobre eleição de presidente do parlamento , May 28, 2020 , accessed on May 28, 2020.
9. ^ The Observer: MPs write to Museveni over Justices Egonda, Gaswaga , June 6, 2013 , accessed April 20, 2018.
10. ↑ Visao Sapo: Porque Xanana expulsou magistrados portugueses , November 6, 2014 , accessed April 28, 2017.

Coordinates: 8 ° 33 ′ 36.1 ″  S , 125 ° 34 ′ 37.5 ″  E