Timor-Leste court: Teves has 48 hours to respond in habeas case

An urgent action was taken by the Court of Appeals in Timor-Leste in the case of expelled Negros Oriental congressman Arnolfo Teves Jr., ordering the country’s prosecutors to quickly respond to his request for habeas corpus—a legal petition used to challenge unlawful detention.

Two formal notifications were issued on Wednesday, 28 May (Manila time), giving authorities just 48 hours to state their position on the matter.

The first notification was sent to Timor-Leste Attorney General Dr. Jacinto Babo Soares. It demands that his office provide a legal opinion within two days regarding Teves’ habeas corpus request. The document cites Article 206, Section 2 of Timor-Leste’s Criminal Procedure Code (C.P.P.), which requires authorities to respond swiftly when someone claims their imprisonment is unjust.

A second, nearly identical notice was sent to the Public Prosecutor’s Office, referencing Article 205-A, Section 3 of the C.P.P. This suggests the court is treating the case with high urgency, possibly due to concerns over Teves’ rights or the legality of his detention.

A habeas corpus petition is a legal tool that allows detainees to challenge their imprisonment if they believe it violates their rights. If the prosecution fails to justify his detention, the court may order his release.

Prosecutors must submit their arguments by Friday, 30 May 2025, or risk the court ruling without their input. If they fail to provide a strong reason for Teves’ continued detention, the judges could grant his release.

The former solon, who has been seeking political asylum in Timor-Leste, was arrested Tuesday night by Timor-Leste's immigration police, along with his local lawyer, Dr. Joao Serra. Both were being held at the Ministry of the Interior compound in Dili as of Wednesday afternoon.

The Philippine government has been seeking Teves’ return over multiple murder charges, including his alleged role in the March 2023 killing of Negros Oriental Governor Roel Degamo, but Timor-Leste’s courts have denied extradition, citing “grave danger” to Teves’ safety, potential torture, and the risk of unfair proceedings.

But Timor-Leste President José Ramos-Horta declared that the court's "non-extradition decision" is outdated, adding that Teves is not eligible for political asylum.

"If you are not eligible for asylum, and if there is an Interpol warrant and a formal request from the Philippine authorities, it would be a serious irresponsibility for this country not to comply with that request," Horta was quoted as saying prior to the arrest of Teves.

He pressed domestic judicial and law enforcement bodies to act swiftly and said he wants to see "what the justice system and the agencies that have to support justice are going to do,” he added, without elaborating further.

A few hours later, after Horta issued the challenge, Teves was arrested.