DOMINICAN ATTORNEY GENERAL PUSHES CAREER TRACK FOR

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004567

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CAR SEARBY, L/LEI FOR TAYLOR AND MUELLER)
DEPARTMENT OF JUSTICE FOR CRIM/OIA (MAZUREK AND ORJALES)
DHS FOR CARLOS ITURREGUI
DEA FOR OF,OFI,DO,DCO
DEPARTMENT PLEASE PASS US MARSHAL SERVICE CHRIS DUDLEY AND
USAID

E.O. 12958: N/A
TAGS: PGOV KCRM KCOR
SUBJECT: DOMINICAN ATTORNEY GENERAL PUSHES CAREER TRACK FOR
PROSECUTORS SO AS TO WEED OUT INCOMPETENT POLITICOS



1. (U) Summary. On September 28, General Secretaries of the
three dominant political parties in the Dominican Republic
met publicly to respond to Attorney General Francisco
Dominguez Brito's draft document calling for political
agreement on the implementation of a career track within the
Public Prosecutor's Office of the Public Ministry (Ministry
of Justice). Party officials praised the plan, advocated by
the UN Development Program (UNDP) country representative as
necessary for the independent administration of justice and
"true democracy." Embassy anticipates formal adoption of the
document by the political parties, as well as Presidential
promulgation of a rule governing the implementation of a
career track for prosectors. Hiring under the plan has
already begun, as have examinations designed to remove
unqualified attorneys from the prosecutorial ranks. End
summary.

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A Commitment for Profound Change
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2. (U) Continuing his efforts to increase professionalism
within his ministry, Dominican Attorney General Francisco
Dominguez Brito moderated a September 28 public panel
designed to foment tri-partisan support for a recently
introduced merit-based selection process for new prosecutors.
The General Secretaries of the Partido Revolucionario
Dominicano (PRD),Partido Reformista Social Cristiano (PRSC),
and the ruling Partido de la Liberacion Dominicana (PLD)
participated. Cesar Pina Toribio, Legal Advisor to the
Presidency, and Aura Fernandez, Director of the School of the
Ministry of Public Works, also represented the government.
Others lending their support to this initiative included UNDP
resident representative Niki Fabiancic, coordinator of the
"National Dialogue" Msgr. Agripino Nunez, USAID mission
director Brineman, and representatives of UNICEF, the
European Union, and the International Labor Organization.


3. (SBU) The selection process and its philosophical
underpinnings were detailed in a document described by
Dominguez Brito as a "national commitment for the
institutionalization of the Ministry of Justice." Although
Dominguez Brito subsequently told Poloff he was "under
personal pressure for seeking these changes", cross-party
support in this venue was emphatic. PRSC leader Victor Gomez
Casanova stated his satisfaction with efforts to depoliticize
the Justice Ministry and agreed that all political parties
should refrain from designating employees for justice sector
positions; PLD Secretary Reynaldo Pared Perez commended
government officials for undertaking an important job, since
"progress in the country requires a healthy justice system";
and PRD Secretary Orlando Jorge Mera said, "It is time for a
commitment to take politics out of the Justice Ministry."
They agreed that, had they seen the document before this
meeting, they would have signed it on behalf of their
parties. Dominguez Brito replied that simply with their
presence they indicated a commitment for profound change.


4. (U) In a separate political process designed to increase
the weight of the plan, an administrative ruling regarding
the implementation of a career track in the Public Ministry
is being further refined for presentation to President
Fernandez. An Executive Order adopting this ruling would
involve the Presidency in merit-based hiring to such a degree
that both career track employees and the plan itself would be
more likely survive a change of administration.

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The Plan in Action
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5. (U) While support of the parties will be critical,
Dominguez Brito has already exercised his discretionary
powers to shift to merit-based hiring of prosecutors. On
September 27, 301 attorneys between the ages of 23 and 26
took an examination administered by the School of the
Ministry of Justice. The top 100 will be selected for a
six-month training program. Their employment will be
confirmed only upon successful completion of this program (as
evaluated with an exit examination). While full statistics
on this first class of 100 are not yet available, Dominguez
Brito says that 63 percent of those participating are female
and 17 percent are graduates with "high honors" from local
universities.

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Cutting out the Deadwood
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6. (U) The shift to merit-based hiring is a complete break
with past practice. Dominguez Brito has taken even bolder
steps to move the AG's office toward a meritocracy. On April
10, 2005, every prosecutor in the Dominican Republic took a
competency examination mandated by the AG's office and
administered by the School. On September 9 of this year the
Ministry revealed that 167 of the 773 examinees (22 percent)
had failed to demonstrate minimal competency and are
accordingly scheduled for dismissal before January 2006. An
additional 60 attorneys working as either judicial assistants
or general legal assistants will be retested, as initial
results for those individuals were judged to be inconclusive.
Those ultimately found to be qualified will be allowed to
continue their employment with the Ministry.

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Comment
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7. (SBU) The public and widely reported support of the major
parties appears to make formal approval of a switch to
merit-based hiring of prosecutors all but a certainty.
Dominguez Brito himself has commented that political
interests do not feel served by a switch away from a
patronage system. The test of the institutionalization of
this change will come in 2008, when we see whether it can
survive into another administration -- either a second one of
Fernandez or that of another head of state.

KUBISKE