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O R 171838Z DEC 09
FM AMEMBASSY SANTO DOMINGO
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RUEHBO/AMEMBASSY BOGOTA
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UNCLAS SANTO DOMINGO 001333 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KJUS KCRM ECON EAID DR
SUBJECT: Rule of Law Round-Up December 2009 
 
REF: 08 SDO 1608, SDO 315, SDO 1257, 08 SDO 1296, SDO 1164, SDO 817, 
SDO 308 
 
¶1.  (U)  The latest key developments in the rule of law / law 
enforcement field include: 
 
 
 
--  Constitutional Reforms approved by Congress, set for 
promulgation on 01/26/10; 
 
 
 
--  The Central Electoral Board's procurement practices are 
questioned; 
 
 
 
--  Government agencies and political parties are found wanting on 
transparency requirements; 
 
 
 
--  The Public Ministry continues to advance on professionalization 
and stands its ground in two high-profile cases involving 
extrajudicial killings by police and military elements; 
 
 
 
--  Poll indicates public perceives corruption worsening; 
 
 
 
--  Judge approves bail for major money laundering suspect, who 
promptly  disappears; and 
 
 
 
--  Manufacturers of adulterated drugs quickly resume their trade 
following bust. 
 
 
 
Constitutional Reforms 
 
------------------------------- 
 
 
 
¶2. (U)  After over a year of debate and work (Reftels A, B), what 
is, in effect, a new constitution was approved by the Congressional 
"Revisory Assembly" on November 16, although technical edits are 
still being made and a final version has yet to be published.  The 
new constitution is expected to be issued, in a ceremony headed by 
President Fernandez on January 26.  The new constitution contains 
277 articles, whereas the current constitution has 120.   Once the 
new constitution is promulgated, many laws will require revision to 
comply with its new provisions.   The main innovations include 
unlimited, albeit non-consecutive, presidential terms, creation of 
a constitutional court, and what is widely interpreted as a total 
ban on abortion.  Also, persons elected to Congress in May 2010 
will serve six years not the current four, so as to synchronize 
legislative, municipal and presidential elections, starting in 
¶2016.  The President will retain a dominant role, among the 
nominally co-equal branches of government, although Congressional 
oversight powers have been slightly enhanced.  Post will report 
more fully on the new constitution once a final version is 
published. 
 
 
 
Central Electoral Board's Procurement Under the Spotlight 
 
--------------------------------------------- ---------------------- 
--------- 
 
¶3. (U)  The Camara de Cuentas - which performs audits of other 
government institutions - reported that the Administrative Chamber 
of the Central Electoral Board (JCE), the independent Government 
agency responsible for citizen registration and supervising 
elections,  mishandled or lost some USD 22 million through 
"illegal" or "untrustworthy" procurements and/or embezzlement. 
However, Roberto Rosario Martinez, the head of the Administrative 
Chamber of the JCE, said the Camara was just out to ruin his 
institution's image. 
 
 
 
Transparency Wanting 
 
----------------------------- 
 
 
 
¶4.  (U)  A major Dominican NGO, Particpacion Ciudadana, released an 
October 2009 study assessing government compliance with law 200-04, 
the DR's FOIA (Freedom of Information Act) equivalent.  The report 
found that many key national and municipal government bodies are 
not complying with the law's requirements:  Of 80 institutions with 
websites, 40 percent offered incomplete information and 10 percent 
none at all, 64 percent of these entities failed to publish fully 
their budgets and expenses, and of 85 institutions that were asked 
to provide information, only 45 percent responded fully and 
on-time, while 40 percent did not answer at all and 14 percent gave 
incomplete responses.   Some 80 percent of municipal governments 
did not even have an office for handling inquiries.   Meanwhile, 
media reports indicate that none of the country's 23 parties comply 
with Law 200-04, when it comes to reporting their finances and 
expenditures. 
 
 
 
Public Ministry Strengthened 
 
-------------------------------------- 
 
 
 
¶5. (U) In October, Yeni Berenice Reynoso was appointed as the first 
female prosecutor to head the district of Santiago (the DR's 
second-largest city).  This was followed by the selection of 
another woman to be chief prosecutor in the city of La Vega.  Both 
are 27 years of age, making them among the youngest prosecutors 
ever.  These women are career prosecutors; their promotions show 
that the DR is beginning to fill higher positions with 
professionals, rather than political appointees.   Currently, there 
are 778 prosecutors in the country, of whom 668 are career 
prosecutors. 
 
 
 
¶6.  (U)  The Public Ministry issued a report on the death of two 
suspected kidnappers in the high-profile Baldera kidnapping case, 
concluding that the policie officers involved had executed the two 
and terming as "lies" the official police report on the incident, 
which claimed that the suspects were killed in an "exchange of 
gunfire" (Ref C).  The investigating judge disregarded a request 
from National Police Chief General Rafael Guzman Fermin to release 
the policemen under his supervision and ordered them imprisoned for 
three months preventive detention.  Secretary of the Interior 
Franklin Almeyda publicly defended the police report, although he 
soon let the matter drop. 
 
 
 
¶7.  (SBU)   Prosecution of the original 25 suspects in the 2008 
"Paya massacre" case, in which six Colombian and one Dominican 
suspected narcotraffickers were murdered  (Ref  D) came to life in 
late September as the case was beginning its formal opening in the 
San Cristobal Province Criminal Court.  The defendants disrupted 
the hearing, shouting insults and threats at the judge and 
prosecutors.  Given the violent nature of the case and the threats, 
as well as the presence among the defendants of some ex-military 
 
officials, high-level GoDR officials then demanded that the case be 
transferred to the capital, in the interests of justice and 
security.  The Supreme Court agreed (Ref  E) and on 10/27/09  the 
case re-opened, this time in a court of first instance in the 
National District of Santo Domingo.  The judge approved of a 
prosecution motion to add three individuals to the list of those 
accused in order to show a nexus between the murders and narcotics 
trafficking (the three were arrested while in possession of some 
eight kilos of cocaine thought to be part of a 1200 kilo shipment 
that allegedly inspired the killings). 
 
 
 
Public Perception of Corruption 
 
------------------------------------------ 
 
 
 
¶8.  (U)  Although the judicial system seems to be making some 
progress, public opinion is not sanguine about its performance when 
it comes to public security and corruption.   The center-left 
newspaper "Hoy" commissioned a recently released Gallup poll, which 
found that about 64 percent of Dominicans think that corruption is 
worse now than under Hippolito Mejia, whose 2000-2004 presidency 
was dominated by a financial crisis sparked by massive bank fraud. 
(Note:  A 2008 Gallup poll showed 82 percent of Dominicans consider 
the country corrupt, while 28 percent saw corruption as an obstacle 
to development. End Note)   The Gallup-Hoy study also found that 
while 45 percent of Dominicans feel secure, 42 percent fear for 
their families, and 45 percent of adults feel their property is not 
adequately protected.   In the 2009-2010 Global Competitiveness 
Index, the Dominican Republic ranks close to the bottom (120 of 
133) as regards "Business Costs of Crime and Violence." 
 
 
 
Money Launderer Jumps Bail 
 
-------------------------------------- 
 
 
 
¶9. (SBU)  Sobeida Felix Morel - suspected of laundering millions of 
dollars in narcotics proceeds for her lover, fugitive 
narcotrafficker Jose Figueroa Agosto - unsurprisingly disappeared 
following her release on bail by Judge Rosanna Vasquez (who 
promptly went off on an overseas vacation).   President of the 
Supreme Court Jorge Subero Isa defended the judge's action, 
however, noting that her application of the Criminal Procedure Code 
was within bounds and claiming that the country's already 
overcrowded jails would overflow if all defendants connected to 
narcotrafficking were denied bail.  (COMMENT:   Felix Morel clearly 
was a major flight risk - her lover is an escapee from a prison in 
Puerto Rico.  END COMMENT.) 
 
 
 
¶10. (U)  With respect to the case involving the murder of 
imprisoned drug king-pin Florian Feliz (Ref F), a judge ordered the 
"preventive detention" of the two guards accused of having  killed 
him.  Nevertheless, the two officers, Captain Lino de Oca Jimenez 
and Lt. Col. Jose Francisco Pulinario Rodriguez, were  subsequently 
released to the National Police, which is responsible for ensuring 
that they report the 15th and 30th of each month to authorities. 
Despite the scandal that ensued following reports on the lifestyle 
Florian Feliz lived while running his drug trafficking operations 
in jail -- enjoying his own kitchen, television and visits by 
prostitutes (Ref F) --  top prison officials were not subject to 
disciplinary action.  .  (COMMENT:  The ability Florian Feliz had 
to run his business from jail does not appear to be unique:  There 
are many reports of wealthy prisoners having access to cell phones 
and other benefits in certain Dominican jails, although this is 
reportedly not the case in less crowded, better run model prisons 
that the Attorney General promotes.  END COMMENT.) 
 
Adulterated Drugs On Sale Again 
 
------------------------------------------- 
 
 
 
¶11.  (U)  There have been no reported prosecutions resulting from 
the raids in Moca on pharmacies selling adulterated or expired 
drugs earlier this year (Ref G).  According to an investigative 
piece by media outlet "Clave Digital," many of these shops have 
reopened.   The Dominican Association of Pharmaceutical Industries 
(INFADOMI) believes that some 800 million to 1 billion Dominican 
pesos' worth (USD 23 - 26 million ) of illegal medicines are sold 
in the country each year, comprising approximately 10 to 12 percent 
of all pharmaceuticals sold in the DR. 
Lambert