Timor-Leste appeals court rejects Teves extradition

MANILA, Philippines — The Court of Appeals (CA) of Timor-Leste has rejected the Philippine government’s request to extradite expelled lawmaker Arnolfo Teves Jr., after previously deciding in its favor twice.

In a translated copy of the supposed decision shared by lawyer Ferdinand Topacio, the counsel of Teves, the Timor-Leste court cited the recantations of several witnesses, who claimed they forced to sign affidavits “pre-prepared by police and military personnel” meant to implicate Teves in the murders with which he was being charged.

The court also noted the testimony of Teves’ secretary, who claimed she was detained without a valid arrest warrant and interrogated under physical and psychological threats, including a gun pointed in her face.

The court said it was a “situation that was brought to an end by the intervention of the Commission of Human Rights of the Philippines.”

“For the foregoing reasons, the Plenary of Judges of the Court of Appeal unanimously decides to grant the appeal and, consequently, on the basis of Article 5(3) of the Constitution of the Democratic Republic of East Timor, to refuse the request for the extradition of Arnolfo Alipit Teves Junior, revoking the contested decision,” the ruling read.

The Philippine government sought the extradition of Teves for him to face multiple murder, frustrated murder and attempted murder charges in Manila for the 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 the deaths of three individuals in Negros Oriental in 2019.

Teves, who has been out of the country since 2023, has also been designated as a “terrorist” last year after he was expelled from the House of Representatives for disorderly conduct and continued absence despite an expired travel authority.

In June last year, Timor-Leste previously granted the country’s request for Teves’ extradition in June but this was contested by the expelled lawmaker’s camp on procedural grounds, specifically on the number of judges involved in the decision.

With this, the Timor-Leste court ordered both parties to present evidence in the case again.

The Timor-Leste court again decided in favor of the Philippine government’s request in December last year, but Teves has yet to be returned to the Philippines.

DOJ surprised, disappointed

While the Department of Justice (DOJ) is yet to receive an official copy of the ruling, it said it is “surprised and deeply disappointed” by the “adverse ruling” of the appeals court, saying it is peculiar for the Timor-Leste CA to reject their request now after having twice decided in favor of extradition.

“The decision is peculiar and legally improbable. This sudden shift raises serious concerns, and we are currently seeking further clarification regarding the basis of this decision. We reiterate our firm request for cooperation in this matter,” it said in a statement.

The DOJ said the Philippine government will explore and exhaust all legal remedies available to bring back Teves to the Philippines to face the charges against him.

“This case is not merely a legal issue; it is a matter of justice. The Philippine government remains steadfast in its commitment to ensuring accountability and upholding the principles of due process. We call on all concerned authorities to respect our legal processes and uphold international cooperation in the pursuit of justice,” it said.

In a March 19 Kapihan sa Manila Bay forum, Justice Secretary Jesus Crispin Remulla said the Philippine government is still waiting for the 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. It’s a morphing legal system,” he said.

Remulla said it could also cost Timor-Leste in their bid to be a member of the Association of Southeast Asian Nations (ASEAN).

“I think that the pressure on them is immense also. They want to become members of the ASEAN. And that’s going to cost them if they don’t act accordingly,” he said.

Topacio dubbed Timor-Leste’s decision “a triumph of the rule of law” as well as “an indictment of the kind of government” the Philippines has, which he said, “ignores the Constitution and the laws of the Republic in the brazen desire to silence political dissent and destroy the legitimate political opposition.”

“The recent events wherein the government has again run roughshod over the laws of the land in kidnapping a former President of the Republic without due process and in contravention of the legal system, is a validation of the decision of the TL court that those who are targeted for political assassination in the Philippines cannot get a fair shake under its now heavily corrupted executive branch,” he said in a statement.

“We are confident that at the proper time, after the present kakistocracy has run its course, that our client’s innocence shall be shown in an impartial and unbiased atmosphere of justice,” Topacio added.

Meanwhile, former chief presidential legal counsel Salvador Panelo shared his exchange with Teves, who said 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 a text message to Panelo bared to the media.

Panelo said he testified before the Timor-Leste court against Teves’ extradition in October 2023.