Dili, October 7, 2025 (Média Democracia) – The Judicial System Monitoring Program (JSMP) held a press conference to congratulate a judge of the Dili District Court who issued a civil compensation order in a domestic violence case. The announcement was accessed through JSMP’s official page on Monday.
The Executive Director of JSMP, Ana Paula Marçal, stated that on September 26, 2025, a judge from the Dili District Court delivered a verdict sentencing the defendant in a simple offense against physical integrity with a domestic violence nature to pay a fine of US$67.50 and civil compensation of US$100.00 to the victim. The case involved the defendant, identified as AdSX, and his wife, and occurred in Liquiçá Municipality.
“JSMP congratulates the presiding judge for taking this innovative and necessary step in choosing an appropriate type of sanction under applicable law. This decision demonstrates the seriousness of the judiciary in handling domestic violence cases and sends a strong message to society that domestic violence is a public crime and a serious offense,” said Executive Director Ana Paula Marçal.
She added that this decision marks important progress, even if not yet consistent in judicial practice. JSMP recalled that the combination of criminal penalties with civil compensation is still not regularly or consistently applied in court rulings. However, such a step represents a positive signal that could serve as a reference for other judges.
“JSMP considers the application of civil compensation to the victim in this domestic violence case a significant judicial advancement. Based on JSMP’s monitoring results, most domestic violence cases usually end with a fine, a suspended prison sentence, an admonition, or imprisonment in limited cases, without including civil compensation to help victims recover from material damage and the emotional or psychological harm caused by such violence,” she added.
Marçal further emphasized that civil compensation serves not only as a restorative measure but also as a preventive and educational tool to raise awareness among perpetrators and the community to avoid committing similar crimes in the future. However, JSMP remains concerned that combining fines and civil compensation in domestic violence cases is not an ideal approach, as it may create further financial hardship for the victim.
“In practice, fines often pose a challenge, since the funds used to pay them may come from the same household economy or even from the victim’s own resources, thereby undermining the purpose of the civil compensation,” Marçal noted.
She reiterated JSMP’s long-standing position that fines are not an appropriate or adequate penalty for domestic violence cases, as they can burden family finances, especially when women, often victims, are also responsible for managing the household economy. She highlighted that Timor-Leste’s Criminal Procedure Code and Civil Code guarantee the right of victims to receive civil compensation for damages, losses, and suffering caused by criminal acts.
The Executive Director also recalled that in 2017, the Public Prosecutor’s Office issued Circular No. 02/PGR/2017 on requesting civil compensation during the criminal investigation phase, guiding prosecutors to consider the need to include compensation claims as part of their case proceedings.
“JSMP commends judges who demonstrate sensitivity and empathy through decisions that place the interests of victims at the center, ensuring justice not only for the individuals affected but also for society as a whole,” said Marçal.
She added that JSMP continues, through its various programs and approaches, to encourage judges to apply civil compensation in gender-based violence cases, as a way to help victims recover and rebuild their lives. JSMP believes this case serves as evidence that some judges are beginning to explore more relevant sentencing modalities in domestic violence cases.
According to JSMP, the case was registered under Case No. 0086/24 LIBZT. The trial was presided over by Judge Dr. Ersilia de Jesus, with Prosecutor Dr. Napoleão Soares da Silva representing the Public Prosecution Service and Defense Lawyer Dr. Alipio Gonçalves representing the accused as private counsel.
Report by: Nelfiano
Photo: JSMP Media