Article 42
Investigation-related powers
1. An investigation shall consist of requests for information, inspections, examinations, inquiries or
any other procedures that do not impinge upon the fundamental rights of legal and natural persons.
2. The Ombudsman for Human Rights and Justice shall not investigate:
(a) a matter which is already pending before a Court;
(b) a matter involving the relations or dealings between the Government and any other
Government or an international organisation;
(c) a matter relating to the grant of pardons or commutation of sentences, as per Section 85
(i) of the Constitution of Timor-Leste.
3. Where he or she considers relevant to an investigation, the Ombudsman for Human Rights and
Justice may, by notice in writing, require a person:
(a) to appear before him or her, on a date and at the time and place specified in the notice;
(b) to disclose truthfully, frankly and fully information within his or her knowledge;
(c) to produce any object or item including documents and records, namely electronic data, in
his or her possession, custody or control;
(d) to allow the Ombudsman for Human Rights and Justice complete access, inspection and
examination to any premise, document, equipment or asset.
4. In the exercise of his or her competencies under Articles 23 to 27 above, the Ombudsman for
Human Rights and Justice or any delegated employee of the Office may request, in accordance with
the law, a Prosecutor to obtain search and seizure warrants to enable the Ombudsman or a delegated
employee, in conjunction with the PNTL, to search premises and seize particular items considered
relevant to an investigation conducted by the Office.
Article 43
Duty of non-interference
The Courts shall not arbitrarily interfere with, nor shall issue any writ of injunction to delay, an
investigation being conducted by the Ombudsman for Human Rights and Justice, unless there is
prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the
Office of the Ombudsman for Human Rights and Justice or if there is mala fide or conflict of
interest.
Article 44
Duty to cooperate
1. Any person, including any civil servant, any administrative official or any incumbent of any
organ both civil and military, shall cooperate with the Ombudsman for Human Rights and Justice
and provide all information that the latter might request while performing his or her functions.
2. The duty to cooperate shall not prevail where legal restrictions in respect of privileges,
immunities and duty of confidentiality apply to these entities.
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