Dili, December 19, 2025 (Média Democracia) – JSMP Timor-Leste issued a press statement calling on the courts to remain free from any form of pressure or interference so they can fully comply with the Constitution and the law. The statement was accessed by Média Democracia from JSMP’s official page on Thursday this week.
JSMP Executive Director Ana Paula Marçal stated that the Constitution of the Democratic Republic of Timor-Leste expressly defines Timor-Leste as a democratic state based on the rule of law (Article 2(2) of the Constitution). In a democratic rule-of-law system, one of the most important factors is the existence of an independent judicial institution as an integral aspect of the democratic rule of law.
“The courts play a crucial and critical role in Timor-Leste by supervising and controlling all acts and balancing political power, preventing illegal activities, combating corruption, defending basic human rights, including freedom of expression and association, and other fundamental rights guaranteed by the Constitution. For this reason, judicial independence is extremely important,” said Ana Paula Marçal.
She explained that Timor-Leste’s justice system clearly enshrines norms in the Constitution and existing laws regarding the existence of judicial institutions, their mandate, nature, and exclusive competencies. Regarding judicial independence, the Constitution states that courts are independent and subject only to the Constitution (Article 119).
“Article 120 on constitutional review establishes that courts must not apply norms that are unconstitutional or contrary to constitutional principles. Furthermore, Article 121(2) provides that judges, in exercising their functions, are independent and must follow only the Constitution, the law, and their own conscience,” she added.
Marçal further noted that Law No. 5/2022 on the Statute of Judicial Magistrates, Article 6 on independence, stipulates that judges, in exercising their functions, are independent and decide cases solely according to the Constitution and the law, and are not subject to orders or instructions from others, except for the obligation to comply with decisions issued by higher courts on appeal. Similarly, Law No. 25/2021 on the Organization of the Judiciary, as amended by Law No. 4/2025, affirms in Article 3 that courts are independent and subject only to the Constitution and the law.
She emphasized that judicial independence norms should not be viewed in isolation, but in connection with other constitutional and international principles, including constitutional supremacy, democracy, legality, fair trial, access to justice, separation of powers, transparency and accountability, good governance, and international obligations ratified by the State of Timor-Leste.
Marçal highlighted that international legal instruments, particularly Article 10 of the Universal Declaration of Human Rights and Article 14 of the International Covenant on Civil and Political Rights, as well as the Bangalore Principles, stress judicial freedom from coercion to ensure fair trials and uphold the rule of law.
“As an integral part of these constitutional norms, Timor-Leste has an obligation under Article 9 of the Constitution to observe relevant principles of international law aimed at guaranteeing judicial independence,” she stated.
She explained that every judge has the freedom to decide cases based on facts and their understanding of the law, without influence, inducement, pressure, threats, or interference from any party or for any reason, and must remain independent from executive and legislative influence. Articles A.1–A.2 of the International Bar Association’s Minimum Standards of Judicial Independence (1982) emphasize that judges must enjoy both personal and substantive independence.
Marçal also cited the United Nations Basic Principles on the Independence of the Judiciary (1985), which state that courts must decide matters impartially, based on facts and in accordance with the law, without improper influence, pressure, threats, or interference, whether direct or indirect.
She stressed that judges must guarantee the right of everyone to a fair trial within a reasonable time by an independent court to determine civil rights or criminal charges. Judicial independence is essential for impartial justice according to law, and all national and international institutions and authorities must respect, protect, and uphold this principle, as affirmed in Article 1 of the Universal Charter of the Judge (1999).
“Judicial independence is a prerequisite for the rule of law and a fundamental guarantee of a fair trial. Judges must defend judicial independence both individually and institutionally,” she emphasized, citing Value 1 of the Bangalore Principles of Judicial Conduct (2002).
Marçal noted that JSMP has observed and documented that the justice sector currently faces various challenges and tests, making it more vulnerable to exploitation than other sovereign institutions. In particular, political leaders have attempted to discredit and minimize the role of the judiciary, despite its key function in upholding fundamental rights, defending the rule of law, and protecting constitutional principles.
She concluded that JSMP firmly believes courts must truly remain free and enjoy full independence in exercising their functions. Courts must not be subjected to pressure or intimidation to decide cases based on public perception. If courts lose their independence, it poses a serious risk and threat to democracy, the rule of law, and constitutional principles in Timor-Leste.
Report: Nelfiano
Photo: JSMP Media