UNDP JUSTICE SYSTEM PROGRAMME

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UNDP JUSTICE SYSTEM PROGRAMME
(UNDP project no. 00014955)

2010 Annual Progress Report
Finalized Version
February 2011




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TABLE OF CONTENTS



ACRONYMS


I.

EXECUTIVE SUMMARY
 ......
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II.

REPORT ON ACTIVIT
IES



OUTCOME 1: Skills and competencies of justice sector actors enhanced........

6


OUTCOME 2:
Formal justice system decentralized and strengthened
capacities of all district courts to administer justice and protect vulnerable
groups .....

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OUTCOME 3:
Prosecution Service strengthened to ensure effective delivery
of criminal justice  ...

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OUTCOME 4:
Capacity of corrections services strengthened to uphold public
safety and secur
ity and meet international minimum standards for the
treatment of prisoners... .

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OUTCOME 5:
Enhanced access to justice for all and improved public
confidence In justice institutions....

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III. CHALLENGES AND ISSUES. ...  .

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IV.

MANAGEMENT ARRANGEMENTS ... 32

V.

MAIN ACTIVITIES PLANNED FOR 2011..... 33

IV.

2010 FINANCIAL REPORT. 

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ACRONYMS


A2J Access to Justice
ABC Brazilian Cooperation Agency
AJSU Administration of Justice Support Unit (of UNMIT)
CoA Court of Appeal
CoC Council of Coordination
DNDHC National Directorate of Citizenship and Human Rights (of MoJ)
DNSPRS National Directorate of Prison Service and Social Reinsertion (of
MoJ)
FUP Foundation of Portuguese Universities
HRTJS Human Rights and Transitional Justice Section (of UNMIT)
ICNA Independent Comprehensive Needs Assessment
INL Institute of National Languages
IPAD Portuguese Agency for Cooperation
JF Justice Facility
JSP Justice System Programme
JSSP Justice Sector Strategic Plan
LTC Legal Training Center
MoJ Ministry of Justice
NP National Priority
OHCHR Office of the High Commissioner of Human Rights
OPG Office of the Prosecutor General
PDHJ Provedoria for Human Rights and Justice
PDO Public Defenders Office
RDTL Democratic Republic of Timor-Leste
SCJ Superior Council of the Judiciary
SCP Superior Council of the Prosecution
UNCT United Nations Country Team
UNDAF United Nations Development Assistance Framework
UNDP United Nations Development Programme
UNMIT United Nations Integrated Mission in Timor-Leste
UNPOL United Nations Police
UNTL National University of Timor-Leste
UPR Universal Periodic Review

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I. EXECUTIVE SUMMARY

The UNDP Justice System Programme (JSP) was launched in January 2009 with the objective
of strengthening institutional capacity of the justice system of Timor-Leste to uphold the rule of
law and improve access to justice through legal empowerment of the poor and disadvantaged.
Following the Independent Comprehensive Needs Assessment (ICNA) carried out in 2009 and
the approval of the governments Justice Sector Strategic Plan (JSSP) in 2010, the 2010
Annual Work Plan for the JSP was developed to address the new priorities and needs of Timor-
Lestes justice system.
This report provides an overview of the JSP activities and their impact in strengthening the
formal and traditional justice sectors during 2010. The main achievements are:

· Support to the Ministry of Justice (MoJ) in National Priority 4-2010, as the Lead
Assistant.
· Support to the MoJ in the development and official launching of the JSSP on 17 June
2010.
· Completion of the practical phase of the 3
rd
Legal Training Centre (LTC) training for
Magistrates and Public Defenders and swearing in of four judges, five prosecutors and
five public defenders as probationers.
· Organization of regional consultations in the framework of the Universal Periodic
Review.
· Provision of legal opinions for the finalization of the Domestic Violence Law.
· Provision of legal opinions for the development of the Legal Aid Law.
· Revision of the Customary Law draft started.
· Legal awareness campaigns in the districts of Suai, Oé-cusse and Baucau, and support
to the district legal workshops with the Public Defenders Office (PDO).
· Short-term LTC training for Court Clerks.
· Short-term LTC training for Public Defender clerks.
· Language course for notaries prior to the beginning of their LTC training programme.
· Development of a Grant Programme to support women, single parents, and
candidates from the districts in undertaking LTC training programmes.
· Development of two software tools for academic and library management of the LTC.
· Signature of an agreement for institutional cooperation between the LTC, the University
of Timor-Leste (UNTL), the Foundation of Portuguese Universities (FUP) and UNDP.
· Drafting of a project proposal for the development of the programme for mobile justice.
· Recruitment of three new Portuguese Judges.
· Recruitment of two Prison Reinsertion Advisors.
· Installation of the security lighting system in Becora Prison.
· Rehabilitation of the water system in Gleno Prison.
· Partial implementation of the Case Management System (CMS) for the justice
institutions, both at the central and district levels. In 2010, the CMS was set up in the
Office of the Prosecutor General (OPG); it was initialized for the PDO, Timor-Leste
National Police (PNTL) and Prisons; and the project proposal was made for the Courts.

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· Training programmes for justice officials on CMS.
· Installation and deployment of fiber-optic interconnections between the justice buildings
in Dili, Baucau and Oé-cusse.
· Recruitment of four new IT staff in the OPG.
· MoJ website re-designed.
· Webmail for PNTL installed.
· Development of a database of correlated Portuguese and Tétun expressions used in
Timor-Leste legislation.
· Launching of a website for the Courts.


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II. REPORT ON ACTIVITIES


Output 1.1: Legal Training Center is fully institutionalized and functional

Building Refurbishment
In consultation with the Council of Coordination (CoC), the 2010 JSP Annual Work Plan was
developed so as to tackle the capacity development needs identified in both the JSSP and
ICNA. Both plans stress the need not only to provide all national justice actors with specific
training programs tailored to meet their technical tasks and expectations, but also to enhance
the advisory and technical support role of international experts.

In 2010, the bulk of the JSP strategic interventions focused on the capacity development of
national justice actors. The planned increase in the number and types of training programmes
being conducted at the LTC required an expansion and refurbishment of the LTC facilities. The
MoJ implemented this project and the contractor finalized their work in late 2009, however,
there were a number of remaining problems that meant that the LTC staff and students could
not occupy the new facility. Consequently, in February 2010, the JSP engaged an engineer to
assess the refurbishment of the LTC and to recommend repairs for the outstanding issues. The
assessment report was presented to the Minister of Justice in March 2010 and the
refurbishment works were completed in June 2010 when the LTC team and students moved
into the new facility.
Having training activities return to the centre was key to achieving the goals of the training plan,
because the lack of a suitable space during the refurbishment work impacted negatively on the
ability of the LTC to deliver all the training programmes previously approved by the LTC
Executive Board. The JSP support to the refurbishment process has contributed positively to
the LTC becoming a center of excellence, where high quality and standardized trainings can be
delivered.
The new building comprises a library, an office for the Director, two rooms for the lecturers, an
office for the secretariat department, two offices for the administration department, an
auditorium, a computer room (with 15 computers provided by the JSP) and eight classrooms.
As a result, there has been effective implementation of the capacity development plan
approved by the LTC Executive Board.
OUTCOME 1
:

Skills and competencies of justice sector actors enhanced


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Cape Verde Prosecutor General, Júlio Martins visited the LTC library, during an official
visit in September 2010. The Director of the LTC, Marcelina Tilman, is standing behind him.

Despite the general improvement of the facilitys condition, there is still a need to support the
LTC in the organization of the library, development of its own software and in strengthening the
capacity of the finance department, as well as refurbishing some of the facilities.

Enhance Support of LTCs Human Resources
To ensure implementation of the comprehensive capacity development strategy of the LTC, the
JSP has continued to address the human resources needs of the center. In 2010, the JSP
provided financial support for the services of six international advisors in the following positions:
Training Coordinator, Judge Lecturer, Prosecutor Lecturer, Lawyer Lecturer, Translator
Lecturer and Notary Specialist. These advisors have been assisting the LTC in developing and
implementing training programmes that benefitted 13 judges, four probationary judges, 12
prosecutors, five probationary prosecutors, 11 public defenders, five probationary public
defenders, 11 notary trainees, 14 legal translators, 14 lawyer trainees, and an average of 40
students with a legal background during the preparatory courses.

Moreover, during the fourth quarter of the year, the JSP initiated the recruitment process of a
Public Defender Lecturer and two Portuguese Language Lecturers, all of whom are expected to
start their assignments in early 2011.

IT Support
The JSP IT Unit based in the MoJ provided technical support for the implementation of the LTC
training activities. The fiber-optic cabling that connects the LTC to the MoJ network was
installed, enabling internet and intranet access for staff to communicate effectively with the
other justice institutions.
With the aim of improving effectiveness of the IT infrastructure and access to information, the
JSP IT Unit provided 15 new computers for the LTC IT Training and Information Room. This
newly established room has the twofold objective of improving access to information and
serving as a place for LTC students to conduct research, write and print documentation
relevant to their trainings.
In addition, the JSP IT Unit developed a database of previous and ongoing LTC-trained
students in order to systematize student profiles, training activities and academic information.

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This software allows the LTC to manage and extract information as well as generate reports on
LTC students whose information is currently contained in different electronic and non-electronic
formats. The software is also expected to facilitate the management and organization of
student and staff information, including lecturers and administration personnel, into a single
database that can be accessed via a web interface. The system is operational and a training
for users on how to effectively use this software will be conducted in early 2011.

Output 1.2: Reference and pedagogical material is available through the creation of the
LTC library

Equipping of the library

Throughout the year, the JSP-funded lecturers developed study materials to enhance the
trainees skills on Timor-Leste legislation and court decisions. These materials were
disseminated among the training participants during classroom activities and to other former
students. During the fourth quarter, these materials were organized and reviewed for publishing
in a book format to be distributed to all LTC trainees.

During the book fair organized by the Portuguese Cooperation, the JSP facilitated the purchase
of more than 70 specialized legal books and dictionaries for the benefit of 14 lawyer trainees
and 11 notary trainees. In addition, the LTC purchased 317 new books for the library, in order
to support the students studies and to promote research.

Legal review
The JSP supported the design of a legal review, which will act as a reference for legal actors
and students. This review will provide a comparative analysis of all legal codes and it is
expected to be issued once per year at the beginning of the academic year (September). It will
also become a legal reference in the future to be used in legal debate and progress among the
justice actors in Timor-Leste.
Library software
The JSP-funded IT Advisors developed a software application to support the LTC library
management. The library software enables the LTC to catalogue materials, manage book
stocks, manage lending and return of items, and manage a clientele database.

The systems database catalogue needs to be populated by a librarian in order to be fully
functional. In order to support this task, a specific training programme for the national library
staff will be conducted in 2011, upon recruitment of a librarian advisor with the assistance of
the JSP.
Output 1.3: LTC scope of action is expanded to new areas to cover the needs of the
justice sector

In 2010, with the technical and financial support of the JSP, the LTC has evolved into a
professional training centre that caters to the capacity development needs of all actors in the
justice system, not only judges, prosecutors and public defenders. To this effect, in January,
the Executive and Pedagogic Boards of the LTC approved a comprehensive training
programme to train judges, prosecutors, public defenders, private lawyers, notaries, clerks, and
legal translators.
During 2010, the JSP supported the LTC in delivering the following professional training
programmes:

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A) The 3rd training for Magistrates and Public Defender: The students of the 3
rd
training
programme for judges, prosecutors and public defenders passed from the practical training
phase to the probationary phase. During April and May, five prosecutors, five public defenders
and four judges were sworn in as probationers and started to work with their respective
institutions.
As part of their formal training programme, the trainees attended practical classes on criminal
law and penal procedure law, civil law and civil procedure law. During the probationary phase
they undertook relevant judicial activities and furthered their studies in Portuguese language,
legal Tétun, penal and civil procedures. The probationary phase takes one year and then the
probationers will be fully sworn in as official justice actors.

B) Short-term training for Judicial Clerks: The JSP assisted the LTC in initiating a training
programme to prepare court and public defender clerks for the national exams that took place
on 25 September 2010.
The training programme addressed the needs of each group and their respective justice
institutions. Thirty four court clerks were trained in three separate groups for a period of two
months in the following subjects:
· Penal law
· Penal procedural law
· Civil procedural law
· Ethics
· Portuguese and legal Tétun

The training for the public defender clerks was for three months. A total of 22 clerks completed
the programme in two groups, focusing on these subjects:
· Civil Procedure Law
· Ethics
· Portuguese and legal Tétun

C) Training Programme for Notaries: With the assistance of the JSP-supported Notary
Specialist, the LTC developed a training programme for notaries, which was divided into two
phases: a preparatory language programme followed by technical training.

Preparatory language course: The students undertook six months of training to develop
their Portuguese language skills to prepare them for formal notary training. This training
also included familiarization with legal concepts in Portuguese.

Technical training: Eleven students commenced the one-year notary training
programme in November, which comprises these subjects:

General phase: · Constitutional law
· Civil law
· Commercial law
· Administrative and administrative procedure law
· Penal law
· Portuguese language
· Tétun language
· Ethics

Specific phase: · Notary law
· Registry law (land and property and commercial registry)

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· Portuguese language

Upon successful completion of both phases, the Notaries will work as probationers for one year
before being employed by the government as permanent civil servants.

D) Private Lawyers: In June, the LTC launched the first training programme for private
lawyers, which comprises 15 months of theory and practical classes for the 14 participants. The
subjects of the training are:
· Civil law
· Penal Law
· Civil Procedure and Criminal Procedure Law
· Ethics and deontology
· Human rights
· Portuguese and legal Tétun

The candidates who successfully complete the training will enter a nine month probation period
before they can be sworn in officially as private lawyers.

E) Translators training programme: The JSP-supported Translator Lecturer commenced the
first training programme for 14 legal translators. Starting in November, the programme will take
one year and is organized into three phases of six months each: (1) linguistics disciplines; (2)
translation techniques; and (3) probationary period. During the training, the students will also
strengthen their knowledge on legal subjects such as constitutional law, administrative law, civil
law, penal law, commercial law and international law.

F) Capacity development interventions
F.1. Preparatory training programme
With the aim of increasing womens participation in the next training for private lawyers and to
prepare candidates for the entry-exams, the JSP supported a three month preliminary training
programme that focused not only on legal-related matters but also on Portuguese and legal
Tétun languages. It is expected that the next training programme for private lawyers will benefit
38 participants.
F.2. Strengthening of language skills
In preparation of the launching of the LTC training programme for legal drafters and advisors
planned for 2011, ten Parliament legal advisors and two legal advisors from the Provedoria for
Human Rights and Justice (PDHJ) attended preparatory Portuguese language classes during
the last quarter of 2010. The legal drafting training programme is currently being finalized
before it can be approved by the LTC Executive and Pedagogic Boards in 2011. This training
will be offered to legal advisors of the MoJ, the PDHJ, the Office of the President and the
National Parliament.
F.3. ICT Training Programme
In September 2010, a training programme commenced for national IT staff to strengthen their
skills in the administration of the CMS. With the technical support of the JSP, eight IT
technicians from the OPG, six from the Courts, five from the MoJ (including Correction Services
and the PDO), and 11 from the PNTL are being trained.

F.4. Three-day Seminar for lawyers
With the assistance of JSP-funded advisors, five probationary public defenders conducted an
18-hour seminar on civil procedure and penal procedure law for 20 private lawyers. This
seminar boosted participants knowledge on legal matters and also provided an opportunity for
the public defenders to train their national colleagues, to promote sustainability of LTC
interventions.


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Output 1.4: LTC skills and competencies of existing judicial actors is improved through
further education
In January 2010 the LTC Executive Board approved the continuing education programme for
judges, prosecutors and public defenders, which was developed with the technical and financial
assistance of the JSP. This professional development plan consists of:

· Workshop on ethics and deontology for judges.
· Workshop on criminal appeals, aimed at improving the skills of prosecutors and public
defenders to draft criminal appeals.
· Seminar and workshop in land and property laws, aimed at improving the skills of
judges, prosecutors and public defenders to address cases related to land and
property issues.

In July, a 12-hour workshop on ethics and deontology for 17 judges and probationary judges
was delivered with the assistance of JSP-supported lecturers. Also during July, an 18-hour
workshop on criminal appeals was conducted with 22 public defenders and prosecutors in
attendance. In December, an 18-hour workshop in Land and Property rights was conducted
with 27 participants.
In addition, the JSP IT Unit provided three training courses for ten lawyers, 14 translators and
32 prosecution clerks. The courses strengthened the capacity of the participants to access and
manage information using MS Windows, MS Office, internet and e-mail. These trainings are of
30 hours duration and are expected to be completed in January 2011.

Output 1.5: LTC has implemented a gender equality policy and increased the focus on
Human Rights mainstreaming

During the first semester of the year, the JSP conducted an analysis of previous LTC capacity
development training programmes, which revealed a decreased participation of women
candidates. The analysis showed that compared with previous years, fewer women candidates
applied to LTC training programmes and their drop off tendency is higher than their male
colleagues. An underlying cause is that women, especially those who are single parents,
struggle financially to provide for the needs of their families and are unable to undertake full
time training courses. Another cause is that the LTC careers are not as attractive as other
career opportunities with international NGOs or international organizations.

In order to tackle these issues, the JSP supported the LTC in developing and implementing a
gender equity policy, which was translated into the following activities:
· Campaigns through newspapers and television that target women and encourage their
participation.
· Establishment of a Grant Programme to provide fi nancial support to female students
who are single parents or from the districts to reduce levels of disengagement from the
LTC.
· Introduction of quotas for women in preparatory training programmes.
· Holding meetings with women legal practitioners in order to identify challenges and
constraints to engaging in legal careers.
· Development of a strategic plan for 2011 with the technical and financial assistance of
the UNDP Gender Office, which will involve: - Recruitment of a gender pedagogical assistant and liaison officer to the LTC.
- Provision of five scholarships for women trainees, for a one year period.
- An essay contest targeting female high school graduates to increase their interest
in applying to the Faculty of Law.


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Output 1.6: Strategic partnerships for training and certifications established with
universities and other legal training centers
In March 2010, the LTC, UNTL, UNDP and the FUP signed an agreement for institutional
cooperation to ensure that capacity development strategies for the justice sector are
sustainable in the future.
The agreement not only institutionalizes the sharing of information and best practices between
professors and trainers of the respective institutions, but also facilitates the exchange of human
resources to conduct legal training programmes, conferences and seminars. Under this
agreement, UNTL has assisted the LTC to deliver Tétun classes to magistrate, public defender
and notary trainees. In addition, LTC lecturers have delivered classes to UNTL law students in
Penal Procedure and Civil Procedure Practice. Human Rights are mainstreamed in the
curricula being taught both at the UNTL and the LTC, as part of the signed protocol.

In order to address the language barriers identified in both the JSSP and ICNA, the JSP
partnered with the UNMIT Translation Unit to develop a Tétun legal glossary. Under this
project, a database of correlated Portuguese and Tétun expressions used in the Constitution,
Penal Code and Civil Procedure Code was compiled in the software package, WordFast. The
glossary standardizes the legal expressions to be used in translation. The database will be
presented to the President of the Court of Appeal (CoA) for revision before being presented to
the CoC for approval. This database will be the formal basis of the legal glossary. In 2011, the
glossary itself will be presented to the President of the CoA and shared with the Dean of the
UNTL Law Faculty and the Head of the National Institute of Languages (INL).


Output 1.7: LTC national staff is fully capacitated and organized according to the needs
of the centre

The JSP and the AusAID-funded Justice Facility have jointly assisted the LTC and MoJ in
formulating the Human Resources framework and professional profiles of the national positions
of the LTC. Terms of reference for the identified positions have been drafted and will be
presented to the LTC Executive Board for approval in early 2011.

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Output 2.1: The technical needs of the district national actors are supported

Rental support to improve living conditions of district actors

In order to ensure the full time presence of district justice actors and thus support the ongoing
justice decentralization process, the JSP has extended house leases for justice officials
deployed to Suai, Oé-cusse and Baucau. This support has been granted until the official
residences are constructed and properly furnished by the justice institutions.

Moreover, the JSP has been also providing security services to the district PDOs upon
provision of security services by the Secretary of the State of Security, as per the Decree Law
n.° 31/2008.

Oé-cusse District Court.

IT support
The JSP IT Unit provided technical and financial assistance to the MoJ for the installation of
fiber-optic inter-connections between the justice buildings in Dili, Baucau and Oé-cusse. These
inter-connections enable the integration of the CMS and provide internet and telephony
communications. All the justice institutions in Baucau have been provided with internet and
there is an intranet connection between the Court, OPG, PDO, Registry and Notary offices.

In Oé-cusse the Courts, OPG and PDO are now inter-connected, while internet services have
been provided to all the justice institutions to enable communications with the central offices.

OUTCOME 2:

Formal justice system decentralized and capacities of all District
Courts to administer justice and protect vulnerable groups


14

With the technical and financial support of the JSP, the internet in Suai has been connected for
the Courts and the OPG. Furthermore, in order to improve the ICT infrastructure, the JSP
provided the Suai District Court with new computers, a scanner and a printer.

Output 2.2: Presence of justice actors at district level is increased and supported by
international actors

Deployment of national and international district justice actors

Throughout the year, the JSP supported the decentralization of the formal justice sector
through the deployment of international justice actors to the districts with the threefold aim of
advising their national counterparts, performing line functions in the absence of national actors
and ensuring functionality of the district justice institutions. In 2010, four Portuguese judges
were recruited jointly between the JSP and the national institution (on a cost shared basis),
through the tripartite agreement between UNDP and the Ministries of Justice of Portugal and
Timor-Leste. These judges were deployed to each district court. Two clerks were provided
through the Portuguese Cooperation Agency (IPAD) with the financial and logistic support of
the JSP.
The presence of national and international actors in the judicial districts were:

Baucau:

- two national prosecutors supported by administrative staff.
- two national public defenders
- three national judges supported by one international judge (tripartite)
- six national court clerks supported by one international clerk (UNDP-Courts)
- six national prosecution clerks
- three national public defender clerks

Suai:
- one national prosecutor
- one national public defender
- one national judge supported by one international judge (tripartite)
- one national court clerk supported by one international clerk (IPAD  first half of year)
- three national prosecution clerks
- three national public defender clerks

Oé-cusse:
- one national prosecutor
- one national judge supported by one international judge (tripartite)
- one national public defender
- two national court clerks supported by one international court clerk (IPAD)
- three national prosecution clerks
- two national public defender clerks

These compositions rotated or changed in order to ensure full services and permanence in the
districts, especially considering the absence of the seven national judges currently studying in
Portugal, or the need for national court actors to attend training at the LTC in Dili.

IT support to district justice actors
In order to assist the district courts in the effective use of the CMS, the JSP provided an IT
Officer to provide advising and specific on-the-job training to national IT staff deployed in the
courts.

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Output 2.3: Improved and harmonized logistical and administrative support to the
justice institutions at district and central levels

Regular logistic and administrative support to justice institutions

In order to assess the needs and challenges of the justice institutions at both the district and
central levels, the JSP deployed an Access to Justice (A2J) team to each of the three judicial
districts, namely Suai, Oé-cusse and Baucau. Each team is made up of an international officer
who is supported by two national officers to be fully absorbed by the MoJ in the coming years.
These three teams are coordinated at the central level by the UNDP A2J Specialist, who is
based at the MoJ.
The A2J teams have provided regular transport support to the district institutions for the
delivery of notifications and the organization of relevant meetings and workshops on A2J,
including the socialization of the JSSP. Furthermore, these teams provided the district national
justice officers with specific trainings in order to enhance their skills and knowledge on legal
related matters. A comprehensive account of the support provided by the district teams is
provided under Outcome 5.
IT support
The JSP IT Unit provided technical assistance to the IT Manager of the MoJ in the design of
the security structure for the Demographic Management Information System (DMIS), which will
enable management of demographic data at the central and district level. The IT Unit also
provided technical support to the MoJ for the Civil Registry connectivity in Oé-cusse, Maliana
and Suai.
Support to the establishment of the Audit Court
The JSP complemented the support provided by the Government of Portugal and the Audit
Court of Portugal for the institutionalization and functioning of Timor-Lestes Audit Court, as
foreseen in the Constitution. A JSP-supported legal advisor provided assistance for the drafting
of the law that defines the organic structure and competences of the Audit Court. The draft was
presented and discussed at the Council of Ministers meeting in late 2010. The Council of
Ministers requested the MoJ to organize a workshop to socialize the competences and role of
the Court early in 2011.
It is expected that in 2011, the JSP will also support the LTC in the organization of specific
training programmes for future auditors and staff of the Audit Court.

Output 2.4: Quality of service delivery at central and district level ensured through
monitoring and evaluation
To provide quality assurance of services provided by the judiciary, the JSP supported the
position of Judge Inspector, as requested by the Superior Council of the Judiciary. The first
cycle of inspections in the Courts was completed in December 2010. Eleven Judges were
evaluated and received their final marks. They also had a session for complaints and
questions.
Pending the institutionalization of the Superior Council of the PDO (SCPDO), the PDO has not
been able to effectively monitor and evaluate the service delivered at central and district level.
To address this challenge, the JSP-funded Public Defender Advisor assisted the Public
Defender General (PDG) to develop relevant internal rules (portarias) and specific format
reports to be used for reporting on activities undertaken in the PDO, Courts, Prisons and
Detention Centers. The Public Defender Advisor also provided technical guidance for the
development of the organic law of the SCPDO.

16

The SCPDO will be comprised of the PDG, Minister of Justice, one Public Defender elected by
his peers, two representatives nominated by the President of the Republic, and two
representatives of the National Parliament. The JSP-supported international Public Defender
Advisor has assisted the PDG in engaging with the Parliament and its President for an
imminent appointment of the above representatives. It is expected that the election of the two
representatives of the National Parliament will take place following the approval of the state
budget at the beginning of 2011. A Public Defender Inspector will be recruited after the creation
of the SCPDO. Inspection activities will commence following the institutionalization of the
SCPDO and the recruitment of the Inspector.


17


Output 3.1: Support to the implementation of the Prosecution strategy provided

In 2010, the JSP provided technical and financial support to the OPG to implement its strategy.
More specifically, the JSP provided financial support for seven international prosecutors and
six international prosecution clerks who have been carrying out in-line functions as well as
providing training and mentoring to their national counterparts. Portugal and Brazil have been
providing in-kind contributions, through the deployment of Portuguese and Brazilian
Prosecutors and clerks (in 2010, two Portuguese Prosecutors, and two Brazilian Prosecutors).

With the aim of establishing independent IT units in each institution, the JSP and the AusAID
Justice Facility assisted the OPG in the recruitment process of four IT staff who are responsible
for managing and supporting the implementation of the OPGs CMS.

Output 3.2: Measures to reduce prosecution backlog implemented

In January 2010, the CoC agreed on the adoption of an integrated CMS. In support of this
system, the JSP provided the OPG with the required IT infrastructure and systems such as
network, hardware platform and communications systems. The JSP also strengthened the
capacity of national justice actors in the use of the CMS through the delivery of specific training
programmes. The JSP assistance complemented the AusAID Justice Facilitys work to develop
the CMS workflow map and the standardization, automation and implementation of CMS
processes.
A delegation comprised of JSP and Justice Facility representatives undertook a technical
assessment visit to Portugal and the USA to assist in the development of the CMS. During the
mission in Portugal, the delegation from Timor-Leste was exposed to the different types of
systems used in Portugals Criminal Justice System. As a result, the delegation was able to:
· Gather information regarding challenges, difficulties, best practices and general
experiences on the implementation of IT systems.
· Assess options for system integration.
· Inspect the IT infrastructure.
· Assess the human resources required to support the system in each institution.

During the visit to the USA, the delegation visited the company contracted by the Justice
Facility (xFact) to develop the CMS in Timor-Leste. This visit proved being useful in order to:
· Evaluate the technical people required for the project and the responsibilities of each
team, as well the implementation strategy for each institution.
· Define training plans that will be provided by both UNDP and the development
company.
· Observe and understand the technical requirements and the level of dependency on
network and infrastructure.

A technical report with all the findings of this technical visit was presented to the national IT
Managers of the MoJ and OPG.
As part of the Case Management Joint Team, (AusAID Justice Facility supported staff and
UNDP supported staff), the JSP IT Unit attended several meetings in order to design the CMS
Sector Project Plan and implementation agenda. These meetings have involved the Courts, the
PDO, the Corrections Service and PNTL. At the end of the cycle of meetings, a workshop was
held with heads of institutions where the main findings and a draft of the Sector Project Plan
were presented.
OUTCOME 3:

Prosecution Service strengthene
d to ensure effective delivery
of criminal justice


18


Furthermore, with the technical support of the JSP IT Unit, the datacenters of the OPG in Dili,
Baucau, Suai and Oé-cusse were fully established, with all the servers installed and ready to
be used. The final version of the CMS for the OPG was installed and deployed on those
servers during the last quarter of 2010.
The JSP is also responsible for providing a power system to the datacenters and sets of
Uninterruptible Power Sources will be installed in each datacenter in early 2011.


Lidia Soares, head of the secretariat of the OPG, says the new CMS Is a
big improvement on the previous system used in the OPG.

Output 3.3: Support provided for finalization of pending investigations on Commission
of Inquiry (CoI) cases

Through the financial assistance provided by the Office of the High Commissioner for Human
Rights (OHCHR) Technical Cooperation Programme, the JSP ensured financial support during
the entire year for the services of an international prosecutor entrusted with the finalization of
all investigations of the Commission of Inquiry (CoI) cases. It is expected that these
investigations will be finalized during 2011.
Output 3.4: Quality of Prosecution service ensured through monitoring and evaluation

During the year under consideration, the JSP agreed with the Prosecutor General of the
Republic on the format of the joint evaluation forms for JSP-funded international prosecutors
and prosecution clerks. These forms aim at jointly evaluating the JSP-financed advisers in all
the Justice institutions. From 2011, the advisers will be required to provide reports and
descriptions of their tasks and achievements on a quarterly basis. The reports will include
qualitative and quantitative information, and will act as a mechanism to track the
performance of the advisors when performing in-line functions and when providing advisory
services for their national counterparts. The information provided in the reports do not

19

include sensitive information and the exercise does not interfere with the normal functioning
of the justice institutions.
Output 3.5: Strengthened working relationship between Prosecution and Police,
especially at the district-level
IT Support
With the technical support of the JSP IT Unit, the datacenter of the PNTL in Dili was fully
established, including the infrastructure that will be used by the Police CMS. In addition, new
servers to improve the quality of IT services of PNTL were installed.

In partnership with the United National Police (UNPOL), the Timor-Leste Police Development
Programme and the Justice Facility, the JSP IT Unit has also supported the establishment of
the IT network for all PNTL commands in the districts in order to provide access to the Police
CMS and also to integrate this system with the CMS of the OPG.

Training
As part of the support to the capacity development of the PNTL IT, the JSP IT Unit delivered a
training programme for eleven IT staff of PNTL, which has strengthened their skills in managing
the IT Network and CMS. Additionally, the JSP IT Unit supported the implementation of a new
e-mail system for PNTL. This system is already in use by the whole PNTL and was presented
in a ceremony to the PNTL General Commander as well the UNMIT Police Commissioner.

Case Management System
The Incident and Investigation Management Systems were completed and are planned to be
deployed by the development company by March 2011. The JSP IT Unit was responsible for
the definition of the standards, procedures and connectivity strategies to support those systems
to run and communicate smoothly with PNTL HQ.

20




Prisoners arrive at Dili District Court for a trial in 2009.

Output 4.1: Strategic plan for Corrections implemented and Prison Services capacities
improved
In 2010, the JSP provided technical assistance to the Natoinal Directorate of Prison Service
and Social Reinsertion (DNSPRS) in the areas of security, training, legal development and
reinsertion policies, to enhance a strategic plan of interventions, mainstreamed into the JSSP,
in order to strengthen capacities within the Prison Service.

JSP supported the DNSPRS in completing a Prison Service Establishment Mapping, which
assessed the current structures, needs and challenges of the prisons in Timor-Leste. More
specifically, 12 prisons (some operational but the majority not in use) were assessed, and the
existing physical prison infrastructures were analyzed along with their future practicality to hold
prisoners securely. The plan was presented to the Director of DNSPRS and the Minister of
Justice.

With the support of JSP advisers, and the Administration of Justice Support Unit of UNMIT,
legal advice was provided in the development of the Statute of the Prison Guards. The
document is currently under revision. Moreover, the JSP Correctional Services advisers
supported the development with the national staff in the DNSPRS of a proposal for a Decree
Law on the Rules of Order and Security in Prisons. The Decree Law will be revised as part of
the legal development initiatives related to Prisons and in conjunction with the Statute of the
Prison Guards.

OUTCOME 4:

Capacity of Corrections Services strengthened to uphold
public safety and security and meet international minimum
standards for the treatment of prisoners

21

A security awareness training course was conducted for 95 prison officers and emergency
response training was provided for 14 prison guards. The training was delivered by members of
the Prison Service training team and a JSP-supported Training Advisor. The techniques taught
to staff enabled them to deal with prisoners in a controlled setting to minimize the possibility of
injury to either staff or prisoner.

Quick Impact Projects
In order to ensure effective implementation of the strategic plan for corrections, the JSP
provided technical and financial assistance for the delivery of Quick Impact Projects. These
initiatives included the fulfillment of prison needs such as a freezer for the kitchen, team
sporting uniforms and brass bells to be used for drills and as alarms in the prisons.

Case Management System
In order to improve the IT infrastructure and access to information, the JSP IT Unit provided
four new computers to the DNSPRS Administration Office in Dili.

The JSP Prison Security Advisor worked with the Justice Facility for the development of a case
management system for the prison service. The draft of the Prisons case management system
was finalized and is expected to be deployed with JSP support by March 2011.

Output 4.2: Improved security infrastructure in all prisons

Operational physical security structural initiatives have gradually improved during the last two
years with projects commissioned by both the MoJ and the JSP.

The JSP installed a security lighting system in Becora Prison to ensure that international prison
security standards are met and that escapes from the Prison are prevented and deterred.

The national authorities, with the support of the JSP, identified future security infrastructure
needs, such as the possibility of refurbishing old prison establishments as part of the
governments plan to decentralize its prisons services. These proposed initiatives have been
incorporated into the Prisons Strategic Plan from 2011.

The JSP was requested by DNSPRS to support the establishment of detention centers in the
districts. The JSP supported the conduct of assessments in Suai and Oé-cusse, with plans for
detention centre constructions expected to be in the 2011 government workplan.

Output 4.3: Social reintegration initiatives for inmates implemented in all prisons

In collaboration with the Portuguese Agency for Cooperation, IPAD, the JSP recruited two
Social Reinsertion Advisors to work with the Prison Service in the development social
reinsertion initiatives, both at policy making and implementation levels:

· Preparing Prisoners for release. Tackling issues such as alcohol and drug abuse,
anger management and sexual motivated crimes.
· Pre-release courses. Addressed to those inmates expecting final release, these
courses will focus on employment, health, drugs, alcohol and family related issues.
· Advice on Prison Resettlement Units. Advice on resettlement programs where
selected prisoners can work in the community on a day basis and return to the Prison at
night.
· Community Working. These local environmental initiatives are expected to develop
individual social responsibilities.

22

· Specific Prison related work. The delivery of courses will be designed to specifically
tackle inmates anti-social behaviors and reduce the risk of re-offending following their
release.
· Development of mental health support programs. Advising the Senior Management
in the inclusion of this type of initiative in order to ease reinsertion back in the
community, and avoid dysfunctional, digressive or violent behavior in the inmate
community, including depression and self-harm tendencies.
· Implementation of the family visits program. The design, implementation and
evaluation of the first family visit program is aimed at decreasing the emotional and
social isolation that prisoners, through increasing the possibilities of contact with their
family members. The issue of remoteness and lack of reliable public transportation from
other parts of the country to the two prisons pose a restriction for most families to visit
incarcerated relatives.
Output 4.4: Inmates with access to health, sanitation, recreation and legal advice

Legal services
In order to ensure legal advice for inmates, the JSP facilitated regular visits of public defenders
to inmates on a weekly basis. The Public Defender Advisor also assisted in the development of
a specific format report to gather information on the services provided by public defenders.

It has been reported that as a result of these regular visits, there has been better protection of
the human rights of the inmates.
Gleno Water Rehabilitation project
The water project in Gleno Prison was delayed due to problems with the original contractor and
non-compliance with the technical plans and instructions. Subsequently, a new contractor
substantially completed the works at the end of December. Water is now provided to the prison
cells through the new pipes, however, the water system from the bore that requires the
functioning of the pumps is not yet connected due to electrical problems that are the
responsibility of the Ministry of Infrastructure. The JSP expects these problems to be resolved
in 2011 in order for the water rehabilitation to be completed, tested and handed over to the
government.
Access to recreation services
With the financial support of the JSP, all female prisoners in Gleno Prison were provided with
access to computers and they also received specific IT training. It is expected that these
programmes will enable inmates to further their professional skills for future job opportunities.

A family visits programme was designed with JSP technical support. The programme will be
implemented in 2011 and will be part of the reinsertion policies development. In addition, the
visitation centre in Becora started to be refurbished with the assistance of the JSP and will be
completed in the first quarter of 2011.
Output 4.5: Quality of Correction Service ensured through monitoring and evaluation

The JSP Corrections Advisor developed specific monitoring and evaluation forms as a basis for
the Evaluation of Performance of prison staff. The forms are currently in use as part of the
evaluation system.

23




Output 5.1: PDO strengthened as a public mechanism to provide justice for all

Strengthening of the PDO
The JSP-supported Public Defender Advisor provided assistance to the PDG to develop a
strategy to strengthen effectiveness of the PDO. This strategy aims to promote the autonomy
and independence of the PDO, through the establishment of its SCPDO. The SCPDO will
monitor and evaluate the legal services provided by the PDO; endorse legal opinions and
documents; develop and approve the annual action plan, the annual budget proposal, the
human resources plan and the staff profile proposal.

The Public Defender Advisor also provided technical and legal guidance to the PDO to input
into the finalization of the JSSP with relation to the following thematic areas:

· Legal framework
· Institutional development
· Training and human resources development
· Physical and technological infrastructure
· Decentralization of legal aid services to improve access to justice

In order to support the implementation of the JSSP, the Advisor assisted the PDG in the
development of the PDO Annual Action Plan of 2011, which is the base for the 2011 State
Budget. The plan involves:
· Increasing free legal aid services (judicially and extrajudicially)
· The decentralization of PDO services
· Scale up and improvement of the PDO human resources and infrastructure
· Monitoring and evaluation of the PDO services
· Administrative and institutional strengthening of the PDO

The plan and budget proposal of 2011 was approved by the PDG and submitted to the MoJ for
endorsement.
UNDP-JSP concluded the recruitment of three Public Defenders as part of the agreement with
Brazil for the support to the Justice Sector. Further discussions are being held with the ABC,
the Brazilian Cooperation Agency, to determine future possibilities of continuing this
partnership for supporting the justice institutions, such as PDO clerks, and a Public Defender
Lecturer for the LTC.
Technical assistance was provided by the Advisor for the development of ten Portarias (PDO
internal rules) aimed at regulating activities performed by public defenders and clerks and the
services delivered by the PDO. These portarias focus on:

1. The reframing of the staff according to the Decree Law 27/2009.
2. The nomination and the probation period of Public Defenders.
3. The reorganization of the PDO staff in order to allow the participation of all 23 justice
clerks (Oficiais de Justiça) in the preparatory course for national examinations for
justice clerks (foreseen in the Decree Law 27/2009) promoted by the LTC from March
to August 2010.
4. The rules for the election of the Public Defenders' representatives on the SCPDO.

OUTCOME 5:

Enhanced access to justi
ce for all, and improved public
confidence in justice institutions


24

These portarias have proved to have a high impact in terms of regulating the activities to be
performed by the PDO.
PDO Case Management System
The JSP-supported Advisor participated in working-group discussions on the development of
the CMS for the PDO. The working group met on a weekly basis and developed the workflow
mapping on criminal and civil cases.

It is expected that this CMS will be fully functional by June 2011 and will be linked to the CMS
in the Courts, the OPG, Prisons and PNTL when the system of each institution comes on-line
during 2011.

Support to the realization of targets of the National Priority 4

During 2010, the Advisor actively participated in the legal aid sub-working group of National
Priority 4 on A2J. This forum also served as an opportunity for relevant stakeholders to provide
legal opinions on the development of relevant laws such as:

1. The Legal Aid Law.
2. The Law against Domestic Violence.
3. The Law of Land and Property.
4. The Statute of the Judicial Clerks (oficiais de justiça) of the Courts, OPG and OPD.
5. The Organic Law for the Chamber of Audit (Audit Section of the High Administrative,
Tax and Audit Court).
6. The Organic Law on the Criminal Investigation Police of Timor-Leste.
7. The Law on the order of state precedence, including the PDG and the Public
Defenders.

Capacity building and partnership initiatives
In order to further the capacities of public defenders, the JSP facilitated a study tour
(Comparative Study Mission) to the Superior School of the Federal PDO in Brazil for three
Timorese public defenders. The two-month tour started in August, and exposed the national
public defenders to the work undertaken by their Brazilian colleagues. Furthermore, the three
public defenders built on their knowledge of human rights instruments relevant to the Timorese
legal framework for the provision of legal aid services. The three public defenders also
strengthened their knowledge of written and oral Portuguese.

The JSP is also assisting the PDO in the preparation of an exchange programme with the
Brazilian PDO, which will allow five Timorese public defenders to spend five months in Brazil
and two Brazilian public defenders to take a one-year assignment in Timor-Leste. This
exchange programme is included in the 2011 PDO budget proposal.

Output 5.2: Justice mechanisms provided where no decentralized services exist

Mobile Justice initiative
With the aim of ensuring effective and efficient legal aid service where no district justice
institutions are present, the JSP, with the support of the Spanish Cooperation (AECID)
partnered with the AusAID Justice Facility for the development of a Mobile Justice project. The
proposal was developed through a consultative process with all justice institutions. During the
fourth quarter the proposal was discussed informally with representatives of the CoC and a
formal presentation will be made for approval in 2011.

The mobile justice initiative will entail deployment of the justice system to identified remote
areas. Each project of mobile justice will be responsible for: a broadcasting campaign; initial

25

visit to the chosen communities; public defenders visits to the chosen community; prosecutor
and PNTL visits to the community; hearing; and socialization of the sentence. Each of the
initiatives will be monitored and evaluated to assess the impact and effectiveness in the
provision of legal services to citizens.

A court clerk prepares witnesses, the defendant and the victim prior to a mobile court hearing by the Suai
District Court held in Same. (Photo: A2J Suai team)

In order to assess the feasibility and the possible attached costs of the mobile justice
programme, during the fourth quarter, the JSP provided technical and logistic support for the
planning and execution of a trial conducted by a mobile court in Maliana. Although the initiative
in Maliana was only a part of the implementation of the Mobile Justice project, the mobile court
enabled access to justice for the crime victims involved and an increase in public awareness on
state justice.
Considering that this was a pilot project, and that it was able to provide information on the
deployment and implementation concerns of such a project, the JSP carefully monitored court
proceedings and documented the communitys perception of these proceedings. In addition,
the JSP monitored and recorded other cases that involved elements of traditional justice.

Output 5.3: Awareness of the role and functioning of the formal justice sector increased

A2J workshops
In 2010, the JSP supported different justice institutions in organizing relevant A2J workshops.
These workshops had the twofold objective of raising awareness on the role and mandate of
the formal justice institutions and strengthening citizens understanding on the connection
between the formal and the traditional justice systems.

In July, the JSP provided technical support to the PDO in the organization of an A2J workshop
in Baucau. Outreach materials were produced by the JSP and they were disseminated to
community members, local authorities and civil society organizations during the event.

26


In preparation for a second A2J workshop in Ainaro in October
,
the JSP provided the PDO with
3000 Tétun brochures that explained the role of the PDO and the mechanisms for the delivery
of free legal aid services. A third workshop scheduled for Oé-cusse later in the year was
postponed because of logistic and operational problems and it will be conducted in early 2011.

IT developments
With the aim of increasing transparency and access to information of the functioning, role and
mandate of the courts, the JSP IT Unit supported the Courts in the development and launching
of their website (
www.tribunais.tl
) .

This website provides citizens with online access to sentences (
Acórdãos
) of the countrys
highest court, the CoA. The site also includes information on current legislation (
Legislação Em
Vigor
) and Portuguese and Indonesian legal codes previously in force in Timor-Leste.

With the assistance of the JSP IT Unit, the MoJ website (
www.mj.gov.tl
) was re-designed, and
approved by the Minister. The aim was to include new information, update news and improve
usability and presentation, since the website is referenced in the new Timor-Leste government
website (
www.timor-leste.gov.tl
). Furthermore, the webpage re-design includes access to
official documents for the public, observing the right to public information. The webpage also
contains additional links for citizens access to documents for use in the areas of registration
and land and property, making easier access for people to access justice sector related
information.

Support to the MoJ Directorate of Citizenship and Human Rights

The JSP A2J teams provided technical and financial assistance to the MoJ National Directorate
of Human Rights and Citizenship (DNDHC) for the organization of relevant outreach
interventions. These teams also facilitated synergies between the DNDHC, the PDO and the
recently established Anti-Corruption Commission to maximize the impact of outreach and
awareness activities. Moreover, the teams supported DNDHC and the PDO in producing,
printing and disseminating outreach materials on the role, mandate and functioning of the
judicial institutions. The materials were also translated into local languages.

Public information support
The JSP Public Information Officer (PIO) supported the organization of the UN Day on 24
October. During the event, the JSP distributed information brochures and official documents,
such as registration forms, to raise awareness on the role and mandate of the different justice
institutions.

The JSP website was also redesigned to highlight the latest developments of the justice sector
and the technical and financial contributions of the JSP. Similarly, the JSP newsletter was
redesigned and now includes a back-page Tétun language feature aimed at informing readers
about justice sector institutions and professionals. The newsletter is widely distributed to
donors, partners, the justice institutions and the general public.

Output 5.4: Synergies between formal justice institutions and traditional/customary
local institutions strengthened

Mobile Justice
As already discussed in Output 5.2, the Mobile Justice proposal contributes among others, to
strengthen synergies between formal justice institutions and traditional/customary local
institutions. It is expected that each mobile court will include representatives from key justice
institutions; and that the PNTL will closely engage with local and community authorities such as

27

village chiefs (Chefe de Suco), hamlet chiefs (Chefe de Aldeia) and traditional leaders (Lia
Nain) to improve their knowledge of the formal justice sector and facilitate trust-building with
traditional authorities.
Local justice institutions are expected to assist in designating a place for public interviews (such
as schools and District Administration headquarters) and, when necessary, arranging
accommodation for participants. The local justice institutions will also publicize the service in
the community through local media and relevant outreach materials produced by them.

Moreover, following a hearing, it is expected that justice actors will engage with citizens and
local authorities to socialize the final sentence, its impact on the community, and provide
support needed by local authorities to address the root causes behind each specific case.

Customary Law
As Lead Assistant to the MoJ for the achievement of the National Priority 4 targets, the JSP
provided technical guidance to the customary law sub-group and helped pave the way forward
in the customary law drafting process.

A preliminary draft of the Law on Traditional Justice has now been completed with JSP
technical assistance and is undergoing extensive review prior to translation. The law seeks to
formally recognize and value Timorese customary law and culture as foreseen in the
Constitution, without reducing the paramount role of the formal justice system or sacrificing
human rights.
The draft law aims at encouraging the parties to bring their decisions and/or agreements
reached using traditional justice methods, for formal recognition by the state through various
legal incentives including judicial enforceability, the prohibition on any parallel civil cases,
fulfillment of any civil liability possible under the Penal Code, and the archiving of semi-public
criminal cases under certain circumstances. For public crimes, the law foresees the mitigation
of punishment and a preference toward restorative judicial elements, namely punishments that
do not include prison. However, not all agreements will be recognized. Those which violate the
Constitution, the national legal framework  notabl y the Penal Code and the Law Against
Domestic Violence  or any international human righ ts treaties to which Timor-Leste is a party,
will not be recognized. Recognized agreements may still be challenged on certain grounds
through judicial review.

Proposal for a Research-Action Project Re: Women, Domestic Violence and Customary
Law

Following the ratification of the Law Against Domestic Violence in 2010, the JSP formulated a
research proposal to assess the possibilities for full implementation of the law. The action-
research aims to determine the reasons why most of the cases do not reach the formal justice
system. Unless all cases can reach the formal justice system, the Domestic Violence Law
cannot be implemented fully and women will not have the possibility of fulfilling their right to a
legal remedy, other than through traditional mechanisms. The results of the assessment will aid
the creation of policies to support the implementation of the Domestic Violence Law.

The second part of the proposal included a pilot economic empowerment scheme for women
who seek to escape an abusive relationship, so that it could be determined if such assistance
assists in breaking the cycle of dependence and domestic violence.

The project was piloted in December 2010 and interviews were conducted with Chefes de Suco
in the sub-districts of Liquiça to determine the perceptions held regarding the different elements
of justice. The interviews discussed issues such as traditional processes in cases of domestic
violence and other crimes, interaction with the formal system and the possible codification of
the traditional justice system. Initial results indicated diverse local customary practices. Further

28

interviews will be conducted in 2011, and the results will be used to assist with the socialization
of the Customary Law in 2011 and to support the implementation of the Domestic Violence
Law.

Output 5.5: Legal literacy and awareness for rights holders and duty bearers enhanced

As already highlighted under Output 5.3, the PDO, with JSP support, organized two workshops
in districts (Baucau and Ainaro) in 2010 in order to increase the awareness on the role and
mandate of the judicial institutions and inform the communities about their rights and legal
mechanisms to solve conflicts.

Support to the Universal Periodic Review
The JSP A2J teams, in close collaboration with the Human Rights and Transitional Justice
Section (HRTJS) of UNMIT/OHCHR, supported the MoJ DNDHC in preparation of the first
United Nations Universal Periodic Review (UPR) for Timor-Leste. The UPR is a process
through which governments are held accountable to the international community for their
human rights situation. Draft guidelines and a questionnaire were designed by HRTJS and the
A2J team provided feedback on these tools. The A2J team collaborated closely with DNDHC
in designing and organizing national and regional consultation sessions (a national session and
eight sessions in the districts).
The A2J team was an active participant in the majority of UPR sessions with team members
assisting with the facilitation of the consultations, thereby fostering and organizing discussion.

The team conducted monitoring of four of the seven regional UPR consultations held in Lautem
(Lospalos), Viqueque, Baucau, Bobonaro (Maliana), Cova Lima (Suai) and Manufahi (Same).
Each session was carefully reviewed and the results shared with the DNDHC and UNMITs
UPR team to assist in establishing best practices that may be applied to similar activities in the
future.
Timor-Leste remains on track to present its first UPR report as requested during the 12th
Periodic Review Session in October 2011. The A2J team has committed to assist the MoJ in
drafting the UPR report to be submitted to the Council of Ministers for approval, and the final
report which will be submitted to Geneva in 2011.

29


Discussing justice administration, JSP A2J staff with participants during a regional consultation session in Maliana
held in November 2010.


Output 5.6: Measurements and strategies for public confidence in justice institutions,
and monitoring and evaluation of legal aid and legal awareness developed

As previously highlighted in this report, the JSP-supported Public Defender Advisor provided
technical guidance for the drafting of the Legal Aid Law, which regulates the provision of legal
aid services to increase public confidence in the institutions; as well as contributing to the
establishment of a CMS, which will assist the PDO in tracking information, data, and statistics.

Output 5.7: Ensuring all training capacities of Justice Actors related to the
Implementation of the CMS Programme

Training

The JSP IT Unit developed a specific training programme to strengthen ICT capacities of
justice actors. The program, approved by the MoJ, has the duration of two years and focuses
on the following areas:
a) Capacity development of IT technical staff. It is anticipated that at least 20 new positions for
national IT analysts are going to be created within the government. Those IT personnel will
be deployed at the OPG, Courts, PDO, Prisons and PNTL. The JSP will train and develop
the capacity of 30 nationals to enable them to design, maintain and support their IT systems
and services.
b) ICT capacity development of justice actors. With the development of the new CMS and the
deployment of new IT services, the justice actors (prosecutors, public defenders, judges,
clerks, and administrative staff) must be literate in using IT services. The JSP will support
the already trained and skilled IT staff of the MoJ, by creating a Train the Trainer program

30

to enable them to provide IT training in Tétun language for the new IT staff as well as for
the justice actors.

The main objectives of the training programme are:

· Provide training and capacity development for new IT staff.
· Support the hiring process in each justice institution, aiming to establish an independent
IT Unit in each of them.
· Offer highly effective IT services and user support to the justice institutions in the
districts.
· Support the infrastructure, systems and development of the new CMS.
· Assist in the enforcement of policies and strategies for development and retaining IT
skilled staff within the justice sector.
· Promote and facilitate the cost-effective use of IT in the justice sector to support
strategic and operational needs.

As part of the capacity development of the IT staff, the JSP selected five new IT trainees to join
the IT team at the MoJ. These trainees have commenced their six month training programme
and upon completion will be deployed to the justice institutions.

Finally, the JSP IT Unit has trained MoJ and OPG IT staff in the use of Linux and Free Software
systems, on which the IT design and infrastructure of the CMS is based. It is expected that the
trained IT staff will go on to develop capacities of their counterparts in their respective
institutions to manage these systems. During the third quarter a seminar on Open Source
technologies was organized and more than 40 IT national staff from different departments of
government and the private sector attended.


31

III. CHALLENGES AND ISSUES


In 2010, the main challenge in the implementation of the JSP was to effectively respond to the
needs and priorities identified in the JSSP. To this effect, the 2010 AWP was adjusted to
support the implementation of this national strategy and assist the justice institutions in the
achievement of the National Priority 4 targets.
Challenges were encountered in the finalization of the training programme for notaries and
private lawyers. The content and methodologies of these trainings were developed to reflect
the recommendations of the CoC and the LTC Pedagogic and Executive Boards.

Human resource constraints within justice institutions have hindered an effective
decentralization process of the formal justice system. In this regard, the JSP has assisted in the
recruitment of international justice actors to provide in-line functions and on-the-job training to
their national counterparts. Reliance on international justice actors needs to be reduced
through effective advising and mentoring of national actors. The process of recruitment is now
standardized into as long-listing, short-listing and interview. All of the proceedings are recorded
and the interview panels are composed of representatives of the in-kind donors, such as Brazil
or Portugal, and representatives of the national justice institution where the candidates are to
be deployed. UNDP is present as a participant or as an observer in all the proceedings. The
final decisions are recorded, agreed and signed by all panel members.

One of the main challenges in the implementation of the JSP activities in support of the
strengthening of the PDO is the delay in the institutionalization of the SCPDO.

Additional challenges have been related to the strengthening of synergies between formal and
customary justice systems. The draft customary law is expected to be finalized and submitted
to the Council of Ministers during the first quarter of 2011.

Finally, significant progress has been made toward strengthening the formal justice system and
providing guaranteed access to justice for all citizen of Timor-Leste. Despite that, the number of
legal actors in Timor-Lestes southern districts is inadequate. Many citizens are still not able to
access justice facilities and services because of lack of transportation, geographical
remoteness of the courts, lack of knowledge about the judiciary, the policing culture of local
communities and language barriers.


32

IV. MANAGEMENT ARRANGEMENTS


As per the project document, the JSP is implemented by the UNDP Country Office under the
Direct Implementation Management (DIM) modality. Through such a modality, the JSP aims to
build national capacities for a gradual management handover to the CoC to promote national
ownership of the Programme.
The Steering Committee of the JSP is composed of all the member of the CoC plus UNDP, and
is responsible for the main management decisions for the JSP and for providing guidance to
the JSP Senior Justice Advisor, who is also the Programme Manager. Throughout the year,
the CoC met regularly for different issues relating to the implementation of programmes and
projects in the Justice Sector and the JSP Senior Justice Adviser was present in those
meetings. There were three JSP Steering Committee meetings held during 2010, at which joint
decisions were taken concerning the implementation of the JSP. The meetings also served as
a forum to discuss the following JSP management issues:

· Development of LTC training programmes tailored to the need of justice actors.
· Alignment of the JSP workplan to the JSSP.
· Mainstreaming of a gender strategy in capacity building activities.
· Maximizing assistance to de-concentration and decentralization justice process in
Suai, Oé-cusse and Baucau
· Development of an A2J policy to be spearheaded at the district level.
· Development of the integrated CMS for all justice institutions.
· Development of the 2011 Annual Work Plan and budget.



33

V. MAIN ACTIVITIES PLANNED FOR 2011


1. Support the delivery of the 2011 LTC capacity development training programmes, taking
into account the governments newly created Human Capacity Development Fund.
2. Support the implementation of the integrated CMS for all justice institutions, with special
attention to infrastructure for technology support, IT development and training.
3. Provision of technical and financial support for the services of international justice
officers deployed in the central and district justice offices.
4. Support the institutionalization of the SCPDO.
5. Provide assistance for the implementation of the mobile justice proposal.
6. Scale up efforts to raise awareness about the functioning of the formal justice system
and its relation with the traditional justice sector.
7. Continue the support for the development of Criminal Investigation Police
8. Continue the support for the development of a Court of Audit.
9. Continue the implementation of activities and programmes in line with the JSSP.
10. Support to the National Priorities 4- 2011.

34

VI. FINANCIAL REPORT 2010*










Expenditure by Outcome
Total Expenditure US$
Outcome 1
PROFESSIONAL SKILLS DEVELOPMENT
968,215.25

Outcome 2
SUPPORT TO DECENTRALIZATION
1,495,423.23

Outcome 3
SUPPORT TO PROSECUTION SERVICE
1,227,927.11

Outcome 4
SUPPORT TO CORRECTION SERVICES
355,322.18

Outcome 5
ACCESS TO JUSTICE (Including all IT costs)
1,051,321.35

Outcome 6
CEO FUNCTION ESTABLISHED
681,419.55


Other Administrative and Managerial Charges
498,842.20









6,278,470.87













Expenditure by Donor
Total Expenditure US$
BCPR - 00012 / 04160
262,417.28

BCPR - 00182 / 26920
1,031,201.36

AUSTRALIA - 00055 / 30000
56,508.25

IRELAND - 00134 / 30000
135,136.60

NORWAY - 00187 / 30000
1,321,483.56

PORTUGAL - 00199 / 30000
1,045,868.22

OHCHR - 00559 / 30000
142,137.00

SPAIN - 10216 / 30000
1,459,112.61

SPAIN - 10870 / 30000
54.01

AUSTRALIA AID - 11234 / 30000
147,324.33

SIDA - 00555 / 30000
245,112.04

SIDA - 00555 / 54050
432,115.61



6,278,470.87







* Financial information presented in this report is provisional.
Final financial report for fiscal year 2010 will be available only in April 2011.


35









UNDP Timor-Leste
UN House, Caicoli Street
Dili, Timor-Leste
Tel: +670 331 2418
Fax: +670 331 3534
registry.tp@undp.org

www.undp.org.tl/justice

For more information contact:
media.justice@undp.org