The
territorial jurisdiction of Dili District Court (“DDC”)
is confined to the Districts of Dili, Liquica, Ermera and Aileu in accordance
with section 7.1(d) of UNTAET Regulation 2000/11. The DDC is the busiest
of the 4 District Courts established pursuant to section 7 of UNTAET
Regulation 2000/11.
The subject matter jurisdiction of each of the District Courts is identical
and broad, extending to “all matters as courts of first instance”:
section 6 of UNTAET Regulation 2000/11. In addition, however, the DDC
has exclusive jurisdiction over “serious crimes”, in which
regard please refer to the background section on the Special Panels for
Serious Crimes. The District Courts are otherwise distinguished by their
territorial jurisdiction. The DDC is a court of first instance and is
therefore presently (there is provision under section 123.1 of the Constitution
for the creation of additional courts) the only court within its territorial
jurisdiction in which civil or criminal proceedings can be commenced.
The
DDC has been operating since March 2000 and is located on Rua Abilio Monteiro
in the Dili suburb of Kolmera.
Pursuant to section 13.1 of the Constitution, the official languages of
East Timor are Portuguese and Tetum, (the principal, although not the
only, indigenous language of East Timor). Nevertheless, during the transition
period, and in accordance with s 35 of UNTAET Regulation 2000/11 as amended
by Regulation 2001/25, the working languages of the Courts in East Timor
are Portuguese, Tetum, Bahasa Indonesia and English. The main languages
used in the DDC are Tetum and Bahasa Indonesia.
There
are currently 3 international judges (including an investigating judge)
working in the DDC. The judges conduct proceedings in Portuguese, and
their translators translates into Tetum for the East Timorese Prosecutors,
private lawyers, and the parties to the cases.
There
are currently 2 public prosecutors and 1 public defender attached to the
DDC. Legal Aid Clinics and private lawyers also appear in civil and criminal
cases before the DDC.
JSMP
conducts monitoring of hearings before the DDC on a daily basis, including
the examination of case files at the Court Registry. JSMP aims to analyze
the progress of the DDC through its case monitoring and provide recommendations
on areas for reform. JSMP publishes regular reports on the work of the
DDC and issues press releases if the urgency or public importance of a
particular case requires it. |
