VZCZCXYZ0016
OO RUEHWEB

DE RUEHDG #0286/01 0532050
ZNR UUUUU ZZH
O R 222049Z FEB 10
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0827
RUEHC/USAID WASHDC IMMEDIATE 0021
INFO RUEHBH/AMEMBASSY NASSAU
RUEHBO/AMEMBASSY BOGOTA
RUEHCV/AMEMBASSY CARACAS
RUEHDG/AMEMBASSY SANTO DOMINGO
RUEHKG/AMEMBASSY KINGSTON
RUEHPU/AMEMBASSY PORT AU PRINCE
RUEHSP/AMEMBASSY PORT OF SPAIN
RUEHUB/USINT HAVANA 0092
RUEHWN/AMEMBASSY BRIDGETOWN
RUMIESS/SOUTHCOM IESS MIAMI FL

UNCLAS SANTO DOMINGO 000286 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR PHUM DR
SUBJECT: DAS Reynoso's Meetings on Justice, Transparency and Human 
Rights in the DR 
 
REF: A) 09 SDO 315, B) 09 SDO 1257, C) SDO 206, D) 09 SDO 817 
 
(U)  Sensitive But Unclassified.  Please Protect Accordingly. 
 
 
 
SUMMARY 
 
 
 
¶1.  (SBU)  WHA DAS Julissa Reynoso held separate meetings during 
her 5-9 February 2010 visit to the Dominican Republic related to 
justice, the rule of law and transparency, with Supreme Court Chief 
Justice Jorge Subero Isa, Attorney General Radhames Jimenez Pena, 
and leading NGOs dedicated to promoting judicial reform, 
transparency and human rights.  The Chief Justice and the Attorney 
General underscored the improvements made in their organizations' 
independence and professionalism over the lasQfew years, while the 
NGO representatives focused on shortcomings such as corruption, 
patronage and police abuses.  END SUMMARY. 
 
 
 
SUPREME COURT CHIEF JUSTICE SUBERO 
 
 
 
¶2.  (SBU)  On 8 February, DAS Reynoso, accompanied by the Charge, 
USAID Director, and Poloff, met with Chief Justice (CJ) Subero. 
The CJ began by noting that, when he came to the Supreme Court in 
1997, the Dominican judiciary was not respected and, indeed, 
functioned like a "state organ, not an independent judicial power." 
(Ref A)  Now, he claimed, the Dominican judiciary is the most 
independent in Latin America, citing the jailing of some 10 bank 
executives for massive frauds.  Subero cautioned, however, that 
there was an ongoing need to improve the performance of the 
judiciary.  He thanked USAID for its support over the past decade. 
He also pointedQo the 40 to 50 USG extradition requests that have 
been approved by the Supreme Court's Criminal Chamber since 2005, 
as an demonstration of the judiciary's cooperation with the United 
States. 
 
 
 
¶3.  (SBU)  DAS Reynoso asked whether the Supreme Court was thinking 
about providing assistance to Haiti to help improve the rule of law 
there.  Subero replied that, even before the 12 January earthquake, 
he had met with Haitian leaders to offer assistance, given that 
both countries' legal systems derive from the Napoleonic code.  He 
noted that every year the French Embassy hosts a "French Justice 
Month," involving Haiti and the DR, adding that the 
re-establishment of a functioning Haitian nation is in his 
country's interest.    (COMMENT:  All of the reforms mentioned 
above - from the system of institutional integrity and the training 
schools to the Casas de Justicia and the Criminal Procedures Code - 
are direct results of USAID programs. Indeed, even the visit by 
Haiti judicial officials was sponsored by USAID/Haiti.  END 
COMMENT). 
 
 
 
¶4.  (SBU)  Asked about areas for improvement, Subero said the 
judiciary has a "strategic plan" for the next few years.  The "next 
frontier" is ethics - especially use of an "integrity code" for 
everyone from judges down to archivists in the judicial system. 
Next week, he said, there will also be a meeting to work on a 
judicial strategy for dealing with narcotics trafficking.  The CJ 
also pointed proudly the National Magistrates School and the Public 
Defenders system as examples of improvements in the Dominican 
judicial system since 1997.  He expressed concern that the budget 
for Public Defenders is declining, putting at risk the ability of 
up to 38 graduates of the National Magistrates School to join the 
current 150 Public Defenders now working to help ensure access to 
the judicial system for poor Dominicans.  Subero also mentioned, in 
the context of improvements, the "Casas de Justicia" - judicial 
centers now in various towns - where people can go to resolve 
certain conflicts (e.g., family disputes) via mediation, rather 
 
than having to go to courts of law.  There is a new Criminal 
Procedure Code, he explained, which is like that used in Puerto 
Rico.  The burden of putting together cases now rests with the 
Public Ministry (Attorney General's Office) rather than an 
"investigating magistrate," but, he acknowledged, the prosecutors 
have proven the weakest element of the system because their 
training in the revised code came late. 
 
 
 
ATTORNEY GENERAL JIMENEZ 
 
 
 
¶5.  (SBU)  Immediately after the meeting with the Chief Justice, 
DAS Reynoso met with Attorney General Jimenez, who was accompanied 
by Assistant Attorney Generals Frank Soto (complex 
crimes/trafficking in persons) and Gisella Cueto (international 
cooperation/extraditions).   The Attorney General (AG) made the 
following points: 
 
 
 
n  There is close cooperation between the U.S. Embassy and the 
Public Ministry, and the Dominican Government (GoDR) knows it can 
count on U.S. support. 
 
 
 
n  The prosecution service is more professional than five years 
ago,  thanks in part to the public and open competition process now 
available for those wishing to become career prosecutors. 
 
 
 
n  New policies have been established, such as undertaking asset 
forfeitures to use narcotraffickers' money against them; promoting 
drug prevention via the National Drugs Council; and establishing 
more model prisons to reduce recidivism. 
 
 
 
n  While more could be done to enhance access to justice, the 
existence of 14 neighborhood prosecution offices ("fiscales 
barriales"), as well as the Casas de Justicia (see Supreme Court, 
above), are mechanisms for bringing justice closer to the people. 
Thanks to his leadership, there are now towns with offices to help 
"victims without means" protect their rights, just as the Public 
Defenders system provides representation for indigent defendants. 
 
 
 
 
n  The prosecution service also supports efforts throughout the 
country to raise awareness about the problem of domestic violence. 
It is an encouraging sign that more women reported such cases in 
2009 than in 2008. 
 
 
 
n  His proudest achievement is the creation of 12 model prisons, 
where inmates are provided opportunities to learn to read, as well 
as new skills.  This program drastically reduces the rate of 
recidivism, but most of the nation's 36 prisons are still part of 
the traditional system, and run by the police or the military (a 
legacy of the Trujillo dictatorship).  A thirteenth model prison 
will open in March 2010 in the town of Bani. 
 
 
 
n  With respect to police violence, he is addressing the problem by 
opening investigations into allegations of misconduct.  If an 
investigation shows that an "excess" took place, the officer(s) 
will be "brought to justice,"  citing the case of five police 
officers being prosecuted in the shooting death of two suspected 
kidnappers (Ref B). 
 
 
n  As for corruption, "obviously prevention is weak."  The 
Directorate for the Prosecution of Administrative Corruption (DPCA) 
is his Ministry's tool for fighting corruption within the Dominican 
bureaucracy.  A hotline now exists for citizens to denounce 
corruption among public servants. 
 
 
 
n  The new Constitution (Ref C) will guarantee the continued 
existence of a career prosecution service, even after a new 
president takes office.  President Fernandez formed a commission 
last week that will draft the necessary implementing regulations so 
that the constitution's provisions can be given full effect.  This 
work must be done within the next 11 months, given that the new 
constitution was promulgated on 26 January. 
 
 
 
TRANSPARENCY GROUPS 
 
 
 
¶6.  (U)  Later that afternoon, DAS Reynoso attended a lunch with 
representatives of NGOs working in the DR to promote transparency 
and the rule of law.  These included:  Participacion Ciudadana, 
FINJUS (Foundation for Institutionalization and Justice), La Lucha 
Contra Corrupcion (The Fight Against Corruption), Casa de Zion (an 
evangelical entity), Dominicans for Integrity, the Federation of 
Industrial Associations and the National Association of Young 
Entrepreneurs.  The Embassy was represented by Charge, A/DCM, USAID 
Country Director, USAID Democracy Officer, and POLOFF.  The 
Dominican participants were candid about the core challenges facing 
the DR in this area, as well as the need for them to be more 
strategic in their efforts.  Many participants also expressed 
appreciation for the support given to them by USAID and other USG 
entities. 
 
 
 
¶7.  (SBU)  The main themes were the endemic practice of corruption 
and patronage within the Dominican political system (Ref D). 
Participacion Ciudadana's Executive Director Javier Cabreja called 
patronage the "basis of DR politics."  Biviana Riveiro, Executive 
Director of the National Association of Young Entrepreneurs, 
observed that, a "disconnect" exists between what a politician does 
and whether the people vote for him/her; what counts more is the 
"bacon" a politician might provide (during elections or between 
them).  Casa de Zion Pastor Johnnie Martinez, noting that 20 
percent of Dominicans are now evangelicals, described the 
relationship as "mechanical": If a political leader manages to get 
X thousands of people on the payroll (e.g., at the municipal 
level), that means X thousands of votes for the politician.  Much 
of the private sector too may find itself hobbled, because 
companies "depend on the state for imports," said Servio Tulio 
Canstanos Guzman, Executive VP of FINJUS.  Corruption is a problem 
that cuts across sectors, observed Ignacio Mendez, President of the 
Federation of Industrial Associations, whether one speaks of the 
education system or other sub-sectors. The founder of Dominicans 
for Integrity, Monica Arbaje, lamented the general lack of 
political will to implement laws designed to tackle corruption or 
malfeasance. 
 
 
 
¶8.  (SBU)  The various representatives believe that additional 
coordination amongst themselves, including elaboration of an 
anti-corruption strategy, is something to consider. (Note:  This is 
one of USAID's civil society program goals. End Note).  Also, 
Biviana Riveiro specifically mentioned the need for publicizing the 
records and statements of politicians - perhaps on the web - as a 
means of addressing the disconnect mentioned above.  Laws relating 
to public participation in municipal governance, as well as public 
schools, may offer opportunities for raising awareness and/or 
encouraging accountability, indicated Javier Cabreja.  Greater 
philanthropy from the private sector might also help, although the 
 
private sector has, in recent years, found "a voice," according to 
Ignacio Mendez.  DAS Reynoso opined that the GoDR itself might fund 
entities to play a watchdog role over other governmental 
institutions, as does New York State.  FINJUS' Servio Tulio 
concluded by saying that the basic problem the DR has with respect 
to enhancing transparency and integrity is one of "consciousness," 
or awareness.  DAS Reynoso felt that the material situation of 
people might count more as regards the prospects for addressing the 
twin issues of corruption and clientelism. 
 
 
 
HUMAN RIGHTS GROUPS 
 
 
 
¶9. (U) On 09 February, DAS Reynoso held a morning meeting with 
representatives from various groups working in the DR to promote 
human rights and workers' rights:  APRODEMA (Development of Women 
and the Environment), FEDOTRAZONAS (Dominican Federation of Workers 
in the Free Trade Zones), Women and Health Collective, FLACSO (The 
Latin American Faculty of Social Sciences), the National Commission 
for Human Rights, and MUDHA (Dominican-Haitian Women Movement). 
Charg???? and Poloff also attended.  Each Dominican participant 
discussed an organization's mission and key objectives in the DR, 
as well as the organization's projects and efforts to combat human 
rights and labor abuses.  For instance, both the Women and Health 
Collective and APRODEMA focus on women's rights and health issues, 
and coordinate many of their activities and projects near the 
Haiti-DR border region.  The representatives stated that the 
majority of their financial support comes from the USG and other 
foreign entities. 
 
 
 
¶10. (U) Iganicio Hernandez, Secretary General of FEDOTRAZONAS, 
noted the fear many workers have of organizing unions, and the lack 
of cooperation with GoDR in emphasizing the right to unionize to 
employers.  Manuel Mercedes, President of the National Commission 
for Human Rights, presented a report which gave a general overview 
of the human rights situation in the DR, and further commented that 
the situation is not improving overall (Note: According to the 
report by the National Commission for Human Rights, more than 400 
individuals were killed by the police alone in 2009, the Attorney 
General's office reports.  End Note).  Sergia Galvan, head of the 
Women and Health Collective, stated that it had sent medical 
volunteers to assist earthquake victims.  Rosa Aristides and 
Inoelia Remy, both directors of APRODEMA, commented on the 
technical assistance they have provided communities stricken in 
Haiti. 
 
 
 
 
 
COMMENT 
 
 
 
¶11.  (SBU)  DAS Reynoso's meetings served to illustrate the 
situation in the Dominican Republic with respect to transparency 
and the rule of law.  Government officials are correct that the 
country has made significant progress over the past 14 years, since 
the end of the Balaguer era, with respect to the rule of law and 
human rights.  Civil society representatives, however, are also 
correct in pointing out that the country could and should have made 
even more progress, and still has a long way to go if it is to 
minimize corruption and transition from a Caribbean Tammamy Hall to 
a modern political system.  END COMMENT. 
 
 
 
¶12. DAS Reynoso was copied on this cable, but has yet to clear. 
 
 
 
¶13.  (U)  Minimize Considered. 
Lambert