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Timor-Leste appeals court junks Teves extradition
By Nidz Godino
“For foregoing reasons, Plenary of Judges of Court of Appeal unanimously decides to grant appeal and, consequently, on the basis of Article 5(3) of Constitution of the Democratic Republic of East Timor, to refuse request for extradition of Arnolfo Alipit Teves Junior, revoking contested decision,” Court of Appeals (CA) of Timor-Leste has rejected Philippine government’s request to extradite expelled lawmaker Arnolfo Teves Jr., after previously deciding in its favor twice.
In translated copy of supposed decision shared by lawyer Ferdinand Topacio, counsel of Teves, Timor-Leste court cited recantations of several witnesses, who claimed they forced to sign affidavits “pre-prepared by police and military personnel” meant to implicate Teves in murders with which he was being charged.
Court also noted testimony of Teves’ secretary, who claimed she was detained without valid arrest warrant and interrogated under physical and psychological threats, including gun pointed in her face.
Court said it was “situation that was brought to end by intervention of Commission of Human Rights of the Philippines.”
Philippine government sought extradition of Teves for him to face multiple murder, frustrated murder and attempted murder charges in Manila for March 4, 2023 assassination of then Negros Oriental governor Roel Degamo, along with several others.
Aside from Degamo’s murder, Teves and others have also been charged with deaths of three individuals in Negros Oriental in 2019.
Teves, who has been out of the country since 2023, has also been designated as “terrorist” last year after he was expelled from House of Representatives for disorderly conduct and continued absence despite expired travel authority.
In June last year, Timor-Leste previously granted country’s request for Teves’ extradition in June but this was contested by expelled lawmaker’s camp on procedural grounds, specifically on number of judges involved in the decision.
With this, Timor-Leste court ordered both parties to present evidence in the case again.
Timor-Leste court again decided in favor of Philippine government’s request in December last year, but Teves has yet to be returned to Philippines.
While Department of Justice (DOJ) is yet to receive official copy of ruling, it said it is “surprised and deeply disappointed” by “adverse ruling” of appeals court, saying it is peculiar for Timor-Leste CA to reject their request now after having twice decided in favor of extradition.
“Decision is peculiar and legally improbable… sudden shift raises serious concerns, and we are currently seeking further clarification regarding basis of this decision…we reiterate our firm request for cooperation in this matter,” it said in statement.
DOJ said Philippine government will explore and exhaust all legal remedies available to bring back Teves to the Philippines to face charges against him.
“This case is not merely legal issue; it is matter of justice… Philippine government remains steadfast in its commitment to ensuring accountability and upholding principles of due process…we call on all concerned authorities to respect our legal processes and uphold international cooperation in pursuit of justice,” it said.
In a March 19 Kapihan sa Manila Bay forum, Justice Secretary Jesus Crispin Remulla said Philippine government is still waiting for process of Teves’ extradition to unravel, hinting that there was “so much corruption” in Timor-Leste’s criminal justice system.
“We’re waiting for the process…there was supposed to be just one more appeal…then there’s another appeal and then there’s another appeal… morphing legal system,” he said.
Remulla said it could also cost Timor-Leste in their bid to be member of Association of Southeast Asian Nations (ASEAN).
“I think that pressure on them is immense also…they want to become members of ASEAN…and that’s going to cost them if they don’t act accordingly,” he said.
Topacio dubbed Timor-Leste’s decision “ triumph of rule of law” as well as “indictment of kind of government” Philippines has, he said, “ignores Constitution and laws of Republic in the brazen desire to silence political dissent and destroy legitimate political opposition.”
“Recent events government has again run roughshod over laws of the land in kidnapping former President of the Republic without due process and in contravention of legal system, is validation of decision of TL court that those who are targeted for political assassination in the Philippines cannot get fair shake under its now heavily corrupted executive branch,” he said in statement.
“We are confident that at the proper time, after present kakistocracy has run its course, that our client’s innocence shall be shown in impartial and unbiased atmosphere of justice,” Topacio added.
Meanwhile, former chief presidential legal counsel Salvador Panelo shared his exchange with Teves, he will not be extradited.
“Decision is out… I will not be extradited…thank you Lord…thank you, Sir,” Teves was quoted as saying in text message to Panelo bared to media.
Panelo testified before Timor-Leste court against Teves’ extradition in October 2023.
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