INTERNATIONAL COOPERATION FOR COMBATINGCORRUPTION IN TIMOR-LESTE: CHALLENGES AND
COLLECTIVE ACTION
Paulo Anuno *I. INTRODUCTION
Along with much of the world, Timor-Leste is developing very rapidly due toinformation and technological advances, modern forms of transportation and economicgrowth, which greatly encourages the development of new forms of transnational crimes
like corruption. Consequently, corruption has become a serious problem (krimeestraordináriu) 1 for the people of Timor-Leste because it has penetrated all lines ofpeople's lives in a structural and systematic way, thus creating a negative stigma against
Timor-Leste in the international community.
The problem of corruption is no longer a national problem but has become atransnational phenomenon (crime across borders). 2 And so, bilateral and international
cooperation is essential in preventing and eradicating criminal acts of corruption throughinvestigation and prosecution in criminal justice trials, including the confiscation andreturn of assets.
In recent years, corruptors have increasingly dared to commit criminal acts in theirhome country, and they have evaded justice by fleeing to other countries and concealing
the assets they have taken in the country where they are hiding. The perpetrators of thecrime then use the territorial jurisdiction of another country as a place of refuge and a safe
haven from prosecution.
A. Corruptors Avoid Prosecution
Each country has a positive law to maintain security, order and peace for every citizen
or person within its territory. However, violations of the legal system are subject tosanctions as an effort to monopolize and bind so that the law can still be enforced, but not
every corruptor will be willing to take responsibility for his actions. They will try to avoid
prosecution and threats of punishment. They will use all means at their disposal (modusoperandi), both legal and illegal. These criminals evade justice by escaping into theterritory of another country or to the country of origin. Corruptors who fled with theintention of avoiding prosecution in their original country involve the interests of bothcountries.

Investigator, Criminal Investigation Unit, Anti-Corruption Commission of Timor-Leste. Actual PostGraduate /Master in Public Law, Universidade Nasional Timor Lorosa’e (UNTL).
1
Paulo Anuno’s thesis entitled: “Tinjauan Hukum Ekstradisi Terhadap Pelaku Kejahatan Korupsi Yang
Melarikan diri Ke Luar Negeri” or in English “A Review of the Extradition Law against Corruption
Perpetrators Who Fled Abroad” (free translation), p. 1, 2019.
2Ibid.
*- 153 -- 155 -B. Cases
Several cases involving several perpetrators of criminal acts of corruption werecarried out in Timor-Leste, among others, in 2012 a former adviser to the Ministry ofFinance, the defendant Bobby Boye, 3 a citizen of Nigeria and the United States, fledTimor-Leste to the United States. The suspect (Mr. P), an Indonesian citizen, fled toIndonesia. The Dili District Court sentenced a Portuguese couple to 8 years’
imprisonment, but both fled to Australia and are now located in Portugal. 4 And they wereabsolved by Timor-Leste’s Court of Appeal. 5 One case is about a former Finance
Minister 6 who left Timor-Leste for Portugal. Also, Mr. L was involved in moneylaundering and left Timor-Leste for Australia and Indonesia. Also, Mr. M, suspected in acase of financial fraud, has been located in Singapore and Australia. The three defendants
mentioned in these cases hold dual citizenship. Hereinafter, the difficulties of bringing
them back to Timor-Leste for investigation, prosecution or trial will be discussed.
II. INTERNATIONAL RELATIONS 7
As has been stated in the introduction and examples of concrete cases, difficulty
investigating corruption cases and repatriating the suspects and their illicit profits fromother countries has allowed the perpetrators to evade justice. To overcome thesedifficulties, international cooperation is urgently needed. Therefore, Timor-Leste ratified
the United Nations Convention against Corruption in 2009, emphasizing all aspects ofanti-corruption efforts (prevention, investigation, prosecution of offenders, seizure andIn late 2009, Bobby Boye, as an oil tax law expert, was hired to assist Timor-Leste for three years advising
to the Timor-Leste Ministry of Finance. On June 19, 2014, the Federal Bureau of Investigation (FBI) foundthat he had defrauded Timor-Leste of more than US$3.5 million between June 2012 and December 2012. The
money was transferred to the New York Opus & Best Services LLC Current Account. He was detained in theDistrict of Bergen County, New Jersey, USA. On October 15, 2015, the Federal Court through Judge FredaWolfson sentenced Boye to 6 years in prison and returned $3.51 billion to Timor-Leste. Source
https://www.laohamutuk.org/econ/corruption/Boye/14BoyeCase.htm . Accessed 12 November 2021.
4
They arrived in Portugal in 2017. https://www.easttimorlawandjusticebulletin.com/2017/11/portugueseconvicts-who-fled-timor.html. https://www.jn.pt/mundo/absolvido-casal-portugues-antes-condenado-porpeculato-em-timor-13234352.html. Accessed 12 November 2021.
5Mr. T and his wife Mrs. Fong were sentenced in 2017 for embezzlement. Also, read source:
https://www.macaubusiness.com/east-timor-court-of-appeal-acquits-portuguese-couple-previouslyconvicted-of-embezzlement/. Accessed 12 November 2021.
6
She was condemned by Dili District Court for 7 years in prison. She appealed to the Court of Appeal andcaseisongoing
investigation
handledbytheTimor-LesteCourtofAppeal.
https://www.independente.tl/en/national/pires-fights-against-unfair-seven-year-jail-sentence-forcorruption.https://visiteasttimor.com/news/court-appeal-nullifies-sentence-to-former-timorese-ministersbut-did-not-close-case/. Accessed 12 November 2021.
7
As stated in the constitution of the Democratic Republic of Timor-Leste (RDTL), Article 8, number 1. On
matters of international relations, the Democratic Republic of East Timor shall govern itself by the principles
of national independence, the right of the People to self-determination and independence, the permanent
sovereignty of the peoples over their wealth and natural resources, the protection of human rights, the mutual
respect for sovereignty, territorial integrity and equality among States and the non-interference in domestic
affairs of other States. 2. The Democratic Republic of East Timor shall establish relations of friendship andcooperation it all other peoples, aiming at the peaceful settlement of conflicts, the general, simultaneous andcontrolled disarmament, the establishment of a system of collective security and establishment of a newinternational economic order capable of ensuring peace and justice in the relations among peoples. 3. The
Democratic Republic of East Timor shall maintain privileged ties with the countries whose official language
is Portuguese. 4. The Democratic Republic of East Timor shall maintain special ties of friendship andcooperation with its neighbouring countries and the countries of the region.
3- 154 -- 156 -return of misappropriated assets). 8 Ratification indicates that Timor-Leste has the power
to mark various breakthroughs that require specific forms of international cooperation,such as mutual legal assistance in the collection and transfer of evidence, extradition, andtracing and freezing of criminal proceeds.
A. Extradition
According to article 35 of the Constitution of Timor-Leste, extradition must comply
with special rules, such as having to go through a judicial decision, ensuring there is nopolitical motive, and there is no death penalty. From the perspective of international law,
article 35 of the Constitution is very suitable and appropriate according to the internationalrules as stated in article 44 of the United Nations Convention Against Corruption 9 andarticle 45 about the transfer of sentenced persons. Correspondingly, a legal source is used
as normative material, namely the Timor-Leste National Parliament Act, number 15/2011,about International Criminal Judicial Cooperation or “Cooperação Judiciária
Internacional Penal, (CJIP)”. 10 It is very beneficial for Timor-Leste to be part of thePortuguese-Speaking Countries (CPLP) which represents several continents of Africa,Europe, America and Asia. Timor-Leste is also trying to become a member of ASEAN
because it is very profitable regionally, geopolitically and economically.
B. Mutual Legal Assistance
Article 46 of the United Nations Convention Against Corruption (UNCAC) states thatStates parties shall afford one another the widest measure of mutual legal assistance ininvestigations, prosecutions and judicial proceedings in relation to the offences covered bythis Convention. In Timor-Leste, the Anti-Corruption Commission has limited authority tohandle corruption cases, 11 and the public prosecutors are vested with the power to institutecriminal proceedings 12; nevertheless, the Commission must still have a voice to contributeto the government, national parliament and public prosecutors at the national level as well
as at international seminars and meetings.
Timor-Leste has extradition treaties with member states of the Community ofPortuguese Speaking Countries, but Timor-Leste has not adopted any domestic law withregard to bilateral extradition agreements and mutual legal assistance.
III. COLLECTIVE ACTION TO COMBAT CORRUPTION
A. International Agencies
The Anti-Corruption Commission does not have full power over extradition and mutual
legal assistance, but so far it has established good and continuous cooperation. As an
Legislative guide for the implementation of the United Nations Convention against Corruption, number 7,
p. 2-3.
9Because extradition is subject to the domestic law of both the requesting State Party and the requested
State Party, State Parties should seek to create and conclude bilateral and multilateral agreements.
10The law number 15/2011, approved on 16 August 2011, by former National Parliament, Fernando La Samade Araújo and on 18 October 2011, enacted by former President of the Republic, José Ramos-Horta. The law
has 160 articles, title I on general provisions, title II on extradition, title III on transmission of criminalprocedures, title IV on enforcement of criminal sentences, title V on surveillance of condemned persons orconditionally release, title VII on final disposal.
11Article 5, Powers of the Commission, Law n0. 8/2009, Law on the Anti-Corruption Commission. Interms of criminal prevention and criminal investigation.
12
Article 48 number 1, Criminal Procedure Code of Timor-Leste, 2009.
8- 155 -- 157 -example: in terms of capacity-building in the area of prevention and investigation, TimorLeste has entered into Memorandums of Understanding (MoU) with other countries andprovided international assistance, such as to: the European Commission, UNDP, PALOPTL, Camões I.P, UNODC, UNAFEI, JICA, USAID, ILEA Bangkok, The Independent
Commission Against Corruption (ICAC) Hong Kong, Corrupt Practices Investigation
Bureau (CPIB) Singapore, Komisi Pemberantasan Korupsi (KPK) Indonesia, MalaysianAnti-Corruption Commission (MACC) Malaysia, GIZ, COICA, etc. Also, Timor-Leste has
been a member of INTERPOL since October 2002 following the independence andrestoration of the Democratic Republic of Timor-Leste (RDTL) and has engaged incooperation with INTERPOL represented by the Prosecutor General's Office and theTimor-Leste National Police (PNTL). In 2015, the government established the Policia
Cientifica de Investigação Criminal (PCIC), which is also the focal point for INTERPOL,
and the Anti-Corruption Commission (CAC) is also a member of it.
B. National Teamwork
The most important and urgently needed form of cooperation is that among government
institutions, intellectuals, civil society and the community – all of which have an importantrole in preventing and combating corruption. Such cooperation must be carried out bothinformally and formally and on an ongoing basis. Examples of agencies with which
cooperation is carried out by the Anti-Corruption Commission include the Financial
Information Unit (FIU) 13 (in this case special cooperation in the field of exchanging
information, although there are problems in uncovering Politically Exposed Persons(PEP)), 14 the State Inspector General (IGE), the Public Function Commission (CFP), theHuman Rights and Justice Ombudsman (PDHJ), institutes and universities, Policia
Cientifica de Investigação Criminal (PCIC), Timor-Leste National Police (PNTL), theNational Directorate of State Heritage (DNPE), and the Immigration Police, as well as with
Civil Society (NGOs and Churches) and Local Authorities (Village Chiefs).
IV. CHALLENGESA significant challenge to international cooperation is the right of every citizen toreceive protection. Under international law, a country has personal jurisdiction based on
active citizenship (nationality) over its citizens who are outside its territory. This
relationship is manifested in the rights, power and authority of the State (jurisdiction) toenforce its national law against its citizens who commit crimes within the country oroutside its territory. The State has the legal grounds, the jurisdiction and the obligation tobring their citizens accused of criminal acts to justice based on the principles ofterritoriality, nationality and universality.
As a result of the complexity of dealing with different legal systems, bureaucraticprocedures, different languages and so on, obtaining justice has been a slow process.
Consequently, the people's sense of justice is unfulfilled and various forms and types ofThe Financial Information Unit, is an administrative entity created within the Central Bank of TimorLeste under Law no. 17/2011 of 28 December, amended by Law no. 05/2013/III of 14 August, on the Legal
Regime for Prevention and Combating Money Laundering and Financing of Terrorism. The nature,organization and function are regulated under the Decree Law no.16/2014 of 18 June.
14
The Deputy Commissioner of Investigation, Mr. Castro, revealed that Timor-Leste has had problem
becoming a member of the EGMONT GROUP, which has made it difficult to obtain accurate information
about public officials who have transferred or maintain wealth overseas.
13- 156 -- 158 -corruption crimes have developed and become increasingly sophisticated, even harming
State finances. Slow responses from legal institutions, such as the police and prosecutors
from cooperating countries in relation to mutual legal assistance in corruption cases, only
make the problem worse.
V. CONCLUSION
International cooperation needs to become faster in punishing the perpetrators for theircrimes in order to restore a sense of justice for the community. The violator must be held
accountable by the court for his or her actions for the crimes that have been committed,
and if proven guilty, the punishment imposed must be commensurate with his or her guilt.
To carry out investigations, prosecution and adjudication to bring home the perpetratorsof corruption crimes, there must be special treaties regarding extradition for the formal
process whereby a State requests the enforced return of a person accused of a crime to standtrial in the requesting State. And mutual legal assistance is a process by which the State
seeks and provides assistance in gathering evidence in criminal cases. The treaties can bedone bilaterally and multilaterally.
The Anti-Corruption Commission has made several breakthroughs in making
recommendations to the government and the National Parliament to encourage Timor-Lesteto adopt an extradition law. While waiting for the law, the Anti-Corruption Commission
already has Measures to Prevent and Combat Corruption, or Medidas de Prevenção e
Combate a Corrupção (MPCC). 15

Law no. 7/2020 of August 26th Prevention and Combat Measures Corruption. This law has 117 articles,
and has the competence to criminalize corruption crimes committed in the exercise of public functions(articles 79 to 87) and corruption crimes committed in the exercise of private functions (articles 88 to 91).
15- 157 -- 159 -