State of exception

State of exception

- Constitution of East Timor
State of exception
- The Constitution and Laws of the Democratic Republic of East Timor

State of exception

Section 25

(State of exception)

1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the Constitution.

2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster.

3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended.

4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal periods of time.

5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defence in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment , and the guarantee of non-discrimination.

6. Authorities shall restore constitutional normality as soon as possible.

The Republic
Sovereignty and constitutionality
Objectives of the State
Universal suffrage and multi party system
International relations
International law
Valorisation of Resistance
State and religions denominations
Official languages and national languages
National symbols
National flag
Universality and equality
Equality between women and men
Child protection
Old age
Disabled citizen
East Timorese citizens overseas
Interpretation of fundamental rights
Restrictive laws
State of exception
Access to courts
Right to resistance and self defence
Right to life
Right to personal freedom security and integrity
Application of criminal law
Limits on sentences and security measures
Habeas Corpus
Guarantees in criminal proceedings
Extradition and expulsion
Right to honour and privacy
Inviolability of home and correspondence
Protection of personal data
Family marriage and maternity
Freedom of speech and information
Freedom of the press and mass media
Freedom to assemble and demonstrate
Freedom of association
Freedom of movement
Freedom of conscience religion and worship
Right to political participation
Right to vote
Right to petition
Defence of sovereignty
Right to work
Right to strike and prohibition of lock out
Trade union freedom
Consumer rights
Obligations of the taxpayer
Social security and assistance
Education and culture
Intellectual property
Source and exercise of power
Participation by citizens in political life
Principle of renewal
Organs of sovereignty
Principle of separation of powers
Political parties and right of opposition
Administrative organisation
Local government
Publication of legislation and decisions
Inauguration and swearing in
Criminal liability and constitutional obligations
Resignation of office
Death resignation or permanent disability
Exceptional cases
Replacement and interim office
Competencies with regard to other organs
Competencies with regard to international relations
Promulgation and veto
Powers of an interim President of the Republic
Council of State
Competencies organisation and functioning of the Council of State
Election and composition
Competence of the National Parliament
Legislative authorisation
Legislative initiative
Parliamentary appraisal of statutes
Legislative term
Attendance by members of the Government
Standing Committee
Council of Ministers
Responsibility of the Government
The Programme of the Government
Consideration of the Programme of the Government
Request for vote of confidence
Vote of no confidence
Dismissal of the Government
Criminal liability of members of Government
Immunity for members of the Government
Competencies of the Government
Competencies of the Council of Ministers
Competencies of the members of Government
Review of unconstitutionality
Categories of courts
Supreme Court of Justice
Functioning and composition
Electoral and constitutional competence
Superior Council for the Judiciary
High Administrative Tax and Audit Court
Military courts
Court hearings
Function and status
Office of the Prosecutor General
Superior Council for the Public Prosecution
Guarantees in the activity of lawyers
Public Administration general principles
Economic organisation
Natural resources
Financial system
Central Bank
Tax system
State Budget
Defence Force
Police and security forces
Superior Council for Defence and Security
Anticipatory review of constitutionality
Abstract review of constitutionality
Unconstitutionality by omission
Appeals on constitutionality
Decisions of the Supreme Court of Justice
Initiative and time of revision
Approval and promulgation
Limits on matters of revision
Limits on time of revision
Treaties agreements and alliances
Working languages
Serious crimes
Illegal appropriation of assets
Transitional judicial organisation
Transitional competence of the Supreme Court of Justice
Previous law
National Anthem
Transformation of the Constituent Assembly
Second Transitional Government
Presidential election of 2002
Entry into force of the Constitution
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