At the end of October 2014, Prime Minister Xanana Gusmão persuaded Timor-Leste's Parliament and Council of Ministers that foreign personnel in Timor-Leste's judicial system were damaging the country's interest, and the two bodies passed resolutions immediately terminating eight of their contracts and directing them to leave the country. The ensuing events and reactions to this decision have created much controversy; many believe that they undermine Timor-Leste's Constitution.
La'o Hamutuk has not yet fully analyzed this issue or made a public statement. However, in order to help others understand it, we have collected a number of relevant documents and analyses below, with translations when available. We welcome additional commentary and information.
| Document or article | Date | Port. | Eng. | Tetum |
Official documents Letter from Prime Minister asking Parliament not to lift immunity of Government officials | 22 Oct | XG | | |
Parliament Resolution 11/2014 calling for an audit of the justice sector | 24 Oct | PN | NP | |
Government Resolution 29/2014 to audit the justice sector and terminate contracts of foreign judicial personnel | 24 Oct | Gov | Gov | |
Letter from Chief Judge Guilhermino da Silva directing all judges to continue working | 28 Oct | TR | | |
Government Resolution 32/2014 revoking work visas of named foreign judicial personnel | 31 Oct | Gov | Gov | |
| Communiqué from Portuguese Superior Magistrates Council directing all 7 Portuguese judges working in Timor-Leste to return to Portugal | 4 Nov. | CSM | | |
Commentary and Analysis The Asia Foundation (TAF): Briefing Note on Parl. Res. 11/2014 and Gov. Res. 29/2014 | 29 Oct | | TAF | TAF |
Jose Luis Oliveira: Opiniaun Legal-Politika Kona-ba Rez. PN 11/2014 | 29 Oct | | | JLO |
Susan Marx (TAF): Firing of Foreign Judges in Timor-Leste Threatens Justice System | 29 Oct | | SM | SM |
Veterans' declaration: Judges in Dili District Court betray the people and endanger Timor-Leste's national interest | 29 Oct | | | Vets |
Judicial System Monitoring Programme (JSMP): Parliament and Government must respect the independence of the judiciary and the separation of powers | 30 Oct | | JSMP | JSMP |
Michael Leach (E.Asia Forum): Concerns over judicial independence in Timor-Leste | 31 Oct | | ML | |
Gordon Peake (Lowy Inst): Foreign legal advisers and the state of Timor-Leste | 3 Nov | | GP | |
The Asia Foundation: Briefing Note on Gov. Res. 32/2014 | 4 Nov | | TAF | |
JSMP: Government Resolution to deport judicial officers threatens judicial independence | 6 Nov | | JSMP | JSMP |
ET Law and Justice Bulletin: Government continues the destruction of Constitutional Democracy | 6 Nov | | ETLJB | |
International Association of Judges resolution condemning the violation of separation of powers and judicial independence in Timor-Leste | 11 Nov | IAJ | IAJ | |
JSMP: Letter from the Prime Minister represents political pressure on the National Parliament | 18 Nov | | JSMP | JSMP |
JSMP: Visit of the Prime Minister to the Dili District Court could raise a range of questions | 19 Nov | | JSMP | JSMP |
Report by Alistair Wyvill, Northern Territory Bar Association (with attached documents) | 20 Nov | | AW | |
Amnesty International: Victims’ rights and independence of judiciary threatened by arbitrary removal of judicial officers | 21 Nov | AI | AI | AI |
UN Special Rapporteur urges Timor-Leste to reconsider dismissal of international judges and prosecutors | 25 Nov | | SR | |
Northern Territory Bar Assn: "expresses its concern" | 26 Nov | | NTBA | |
| Expert legal opinion on the legality of Parliament and Government Resolutions | Dec. | | EXP | |
JSMP: Parliamentary and Government Resolution continues to affect productivity and normal functioning at the Baucau District Court | 2 Dec | | JSMP | JSMP |
Law Council of Australia: "deeply concerned" | 4 Dec | | LCA | |
JSMP: Dili District Court delays trial on infanticide case because the judge was removed by the Parliamentary and Government Resolution | 5 Dec | | JSMP | JSMP |
ETAN: Statement on Rule of Law in Timor-Leste | 15 Dec | | ETAN | ETAN |
JSMP analysis: Dismissal of international officials and advisors in the Timor-Leste judicial sector | 16 Dec | | JSMP | JSMP |
American Bar Association: Judicial Independence in Timor-Leste | 17 Dec | | ABA | |
Government responses and explanations Prime Minister Gusmão's televised explanation of why the judges were fired, on YouTube video. He discussed errors by the Public Prosecutor and by the Courts | 4 Nov | | | Video1 Video2 |
Pierre Prosper, Washington Times: Timor stands up, international elites say sit down | 28 Nov | | PP | |
Media articles (not including many in the Timorese and Portuguese media) Reuters: East Timor kicks out judges over ConocoPhillips tax fight | 5 Nov | | Reut | |
Upstream: East Timor evicts judges over tax ruling | 5 Nov | | Upstr | |
| IRIN (UN OCHA): Timor-Leste's judicial lurch could worsen domestic violence trauma | 15 Dec | | IRIN | |
Background documents Constitution of the Democratic Republic of Timor-Leste | 2002 | Const | Const | Konst |
Independent Comprehensive Needs Assessment of Timor-Leste Justice System | Oct 2009 | | ICAN | |
La'o Hamutuk web pages on
Petroleum tax cases | | | Tax | |
Bobby Boye fraud | | | Boye | Boye |
Maternus Bere case (2009) | | | Bere | Bere |
