The application of alternative sentences in cases of domestic violence at the Oecusse District Court

Between March 2014 and September 2015, JSMP monitored 257 cases at the Oecusse District Court, with 151 of these cases being domestic violence cases. The majority of these cases involved female victims and male perpetrators, with 53% resulting in suspended sentences and 36% resulting in fines. The LADV has made all crimes of domestic violence public crimes, requiring police and the Public Prosecution Service to investigate and prepare an indictment unless there is insufficient evidence. This has led to a dramatic increase in the number of domestic violence cases reaching the courts, with JSMP monitoring 352 cases between July 2010 and June 2013. The majority of these cases resulted in suspended sentences or fines, with 94% of cases involving female victims. JSMP's analysis of the sentencing process in domestic violence cases has revealed that the courts face significant challenges in determining the appropriate penalty. The complexity of domestic violence cases requires courts to consider a range of factors, including sentencing principles, specific requirements for each type of sentence, and the unique facts of each case. JSMP believes that the courts have not yet found a proper balance between these factors, particularly when considering the aims of preventing violence and guaranteeing the security of victims. The Oecusse District Court's sentencing patterns are consistent with those observed in the other district courts, with some minor differences. The majority of domestic violence cases result in suspended sentences or fines, with a small percentage involving female defendants. JSMP's monitoring activities have shown that the LADV continues to have a significant impact on the prosecution and sentencing of domestic violence cases. JSMP has made several recommendations to support the work of the courts in determining sentences in domestic violence cases. These recommendations include developing sentencing guidelines for cases of domestic violence, considering the circumstances of the victim before handing down fines, and implementing additional or auxiliary orders to protect the security of victims. The Government and relevant ministries are also encouraged to develop sound infrastructure to execute these additional orders. The Oecusse District Court's handling of domestic violence cases is a critical aspect of the justice system in Timor-Leste. JSMP's monitoring activities have highlighted the need for the courts to balance the complexity of domestic violence cases with the aims of preventing violence and guaranteeing the security of victims. By implementing JSMP's recommendations, the courts can improve their handling of domestic violence cases and provide greater protection for victims.