ALFeLa has a unique position within Timor-Leste’s legal system to influence and advocate how Timorese laws and their implementation impact and reflect upon the experience of women and children as victims. Article 25 of the LADV enshrines a victim’s right to a lawyer or public defender at all stages of the judicial process. The National Action Plan on Gender-based Violence, passed by Government in 2022, outlines the need to establish a specialised legal aid service for women and children victims. While a Public Defenders office has been established in Timor-Leste, their primary area of expertise at this stage is in representing defendants and a conflict of interest will arise where they represent a victim and aggressor in the same case.
ALFeLa’s primary focus on women and children is rooted in the recognition that these groups are disproportionately affected by violence. To address this, ALFeLa actively involves male leaders, judicial actors, and influential individuals in training efforts, aiming to engage key stakeholders and promote advocacy campaigns that drive change.
Contact: Olinda Eugenia Cardoso, ALFeLa Program Manager
Phone: + 670 77337185 (WA)
Email: olinda.cardoso@alfela.tl
Website: http://www.alfela.tl/
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Active extraterritorial jurisdiction is not provided for crimes committed outside East Timor by Timorese. However, extraterritorial jurisdiction is provided over some listed crimes committed outside East Timor if the perpetrator is found in East Timorese territory and cannot be extradited or their extradition is denied. Some SEC related crimes are included (Articles 175 to 178 of the Criminal Code). Passive extraterritorial jurisdiction is provided for crimes committed outside East Timor against Timorese if the perpetrator habitually resides in East Timor and is found in East Timorese territory or if the agent is found in East Timor, the facts are also punishable by the legislation of the place where the crime was committed and constitute a crime that admits extradition that cannot be granted. Universal jurisdiction is provided over certain crimes but SEC related crimes are not included.
There is no specific provision on the extradition of SEC related offences and the principle of double criminality is required for proceeding with extraditions. Timorese nationals cannot be extradited.
Criminal Code, Code of Criminal Procedure, Law on International Criminal Judicial Cooperation, Constitution, 2009, 2006, 2011, 2002
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