DOMINICAN REPUBLIC: PART 2, SEVENTH ANNUAL

UNCLAS SANTO DOMINGO 000441

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR G/TIP

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB DR
PGOV
SUBJECT: DOMINICAN REPUBLIC: PART 2, SEVENTH ANNUAL
TRAFFICKING IN PERSONS REPORT

REF: STATE 202745


1. The following is Part 2 of Embassy's response to the
Trafficking in Persons (TIP) questions raised in reftel.


2. 2006 Trafficking in Persons Report for the Dominican
Republic, Part 2

III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS

The Dominican government made significant progress in the
investigation and prosecution of cases involving trafficking.

--------------
-- The Legal Basis
--------------

Any of several laws may be applied to prosecute traffickers,
depending on the elements of the crime and the identity of
the victims. Taken together, these laws are adequate to
address the full scope of trafficking in persons, and they
cover both domestic and international forms of trafficking.
In 2003, the Dominican Congress passed a comprehensive
Trafficking Law (Law 137-03),promulgated subsequently by the
President. However, many of that law's implementing
regulations have yet to be finalized. The definition of
trafficking is based largely on the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women
and Children, supplementing the Convention against
Transnational Organized Crime. It covers trafficking for
sexual exploitation as well as for non-sexual purposes,
including for forced labor. A law against alien smuggling
was already in force, but the Trafficking Law carries
stricter penalties. In addition, the Code for Minors (Law
136-03),which came into effect in 2004, has penalties
specifically for the sexual exploitation of children.

The Code for Minors establishes penalties for sexual abuse of
children of 20 to 30 years' imprisonment and fines from 100
to 150 times the minimum wage. The Code for Minors provides
for a penalty of between 2 and 5 years' incarceration and a
fine of 3 to 5 times the minimum wage for persons found
guilty of abuse of a minor. The penalty is doubled if the
abuse is related to trafficking. The Trafficking Law also
covers sexual exploitation, but the Code for Minors
established more severe penalties for this crime.

The Trafficking Law provides penalties of 15 to 20 years'
imprisonment and a fine of 175 times the minimum wage for
traffickers, including traffickers of persons for labor
exploitation. The law includes provisions against alien
smuggling, establishing a 10- to 15-year prison sentence and
a fine of 150 to 250 times the minimum wage. Penalties of
10, 15, and 20 years imprisonment were administered in
convictions obtained during the year.

The Law Against Domestic Violence (Law 24-97) includes
penalties for rape, incest, sexual aggression, and other
forms of domestic violence that range from one to 30 years in
prison and fines ranging from 5,000 to 500,000 pesos
(approximately US$150 to US$15,000). The penalties for
committing rape are 10 to 15 years in prison (or 10 to 20
years in case of rape against a vulnerable person or under
other egregious circumstances) and a fine of from 100,000 to
200,000 pesos (approximately US$3,000 to US$6,000).

The law does not prohibit prostitution, although it is
illegal for a third party to derive financial gain from
prostitution. The operation of brothels is illegal. The
Government usually did not enforce prostitution laws, but
there were several crackdowns when minors were discovered to
be involved in prostitution.

--------------
-- The Actors
--------------

The National Police, the Migration Directorate, the Navy, the
Office of the Attorney General and local District Attorneys
share responsibility for investigating trafficking and alien
smuggling cases and pursuing charges against offenders.

In practice, it is the Office of the Attorney General that
investigates and prosecutes most cases of this type. That

office's Department of Alien Smuggling and Trafficking in
Persons has its own dedicated police contingent to
investigate cases, and the Department has the authority to
prosecute suspects throughout the country. Their exemplary
performance was perhaps the brightest spot in the country's
trafficking record this year.

The government has designated a prosecutor in every judicial
district as a special prosecutor for TIP cases.

The National Police has a dedicated unit to investigate cases
involving alien smuggling and trafficking, but in practice
the police do very little. Their operations are hindered by
frequent personnel rotations and a lack of funding -- for
example, they have only one motorcycle and no vehicles
assigned to their unit. The current management of their
trafficking section does not appear to appreciate the
difference between trafficking and alien smuggling.
Virtually all of their equipment is donated from foreign
sources.

The Migration Directorate has its own dedicated
anti-trafficking unit, to which a special prosecutor is
assigned. However, in practice this unit also does very
little. They conduct no proactive investigations. Their
involvement in anti-trafficking efforts is limited to those
cases in which they directly receive official complaints
("denuncias"),but they do not investigate cases in which
other offices, such as local police stations, receive
denuncias. The Directorate received only one denuncia during
the year; in other words, they investigated only one case.

Special prosecutors detailed to the Navy's intelligence unit
(M-2) handle cases of alien smuggling by sea routes. These
prosecutors routinely investigate possible trafficking links
when they interrogate illegal migrants. As of March 2006, the
authorities had successfully prosecuted 5 captains and
organizers of illegal migrant voyages. All 5 received
sentences of 10 years for their roles in three separate cases
of illegal migrant smuggling. The Dominican Navy magistrate
office, responsible for these prosecutions, has numerous
migrant cases still awaiting trial.

Although resources are limited, the authorities use active
investigative techniques when possible, including the
monitoring of Internet pornography sites. The police are not
prohibited from engaging in covert operations.

--------------
-- This Year's Cases
--------------

As of February, the Office of the Attorney General had
submitted approximately 120 cases for prosecution under
Trafficking Law 137-03. During the year, they successfully
obtained convictions in 11 of these cases. Some of these are
mentioned below.

In May 2006, a judge convicted and sentenced to 15 years'
imprisonment Wilson Charles on charges of trafficking in
persons and child sexual exploitation under Trafficking Law
137-03.

In July 2006, a judge convicted and sentenced to ten years'
imprisonment Rafael Armando Nivar Diez under Trafficking Law
137-03.

In January 2006, 25 Haitian citizens died from asphyxiation
in the back of a truck while being smuggled from Haiti to
Santiago. An investigation by the Office of the Attorney
General resulted in criminal indictments against 10 civilians
and seven military officials accused of accepting bribes in
exchange for looking the other way. In January 2007, Elvis
Rodriguez Ortiz and Esteban Martinez Rosario, the driver and
his assistant, respectively, were sentenced to 20 years'
imprisonment under Trafficking Law 137-03. Former military
enlistees Santos Pena Reyes and Stalin Martinez Rosario were
sentenced to 10 years' imprisonment under the same law for
accepting money in exchange for facilitating the truck's
passage.

The Office of the Attorney General investigated and is
actively pursuing charges in a number of other cases, some of
which involve public officials. A few of the most

significant of these are mentioned below.

On November 10, authorities rescued six trafficked
Venezuelans in the "Hotel Kay" in Santo Domingo. The victims
alleged that they had been contracted under false pretenses,
but upon arrival were confined in the hotel and forced to
prostitute themselves. Authorities arrested and confined in
preventive custody two individuals in connection with the
case.

In August authorities dismissed police Major Rafael Elpidio
Fernandez Garcia from his position and placed him and his
wife in preventive detention on trafficking charges. The
suspects were accused of operating a network trafficking
individuals to Spain.

At year's end 29 public officials, including a city mayor and
an assistant director of immigration, were in prison on
charges of conspiring to falsify official travel documents in
order to smuggle large numbers of persons (mostly women) to
several European countries. Authorities charged the
officials, from a variety of government agencies, of
involvement in a trafficking network that accumulated nearly
$1.5 million (45 million pesos) over six months. The first
arrests had been made in September 2005, but as further
investigations revealed more extensive involvement, arrests
continued to be made throughout 2006.

Authorities arrested five suspects on trafficking charges
related to a case in July involving 11 women promised work in
Spain but defrauded of their possessions and left abandoned
in Italy, Turkey, and Peru. The suspects remained in
preventive detention in Najayo Prison and awaited trial as of
February.

In other cases, particularly in those involving politically
well-connected suspects, authorities have been reluctant to
prosecute offenders. In June the Attorney General suspended
from her duties and later fired Maria Asuncion Santos,
district attorney for San Cristobal. The dismissal took place
after one of her subordinates was accused of involvement in a
trafficking scheme that lured citizens with false offers of
employment in Spain. There were allegations that Santo was
involved, but to date no charges against her have been filed.


Also in June, Colonel Juan Reyes Santana of the La Caleta
firefighters was arrested on suspicion of involvement in
alien smuggling. According to witness testimony, Reyes
Santana collected $3,000 (90,000 pesos) each from eight
individuals in exchange for fraudulently securing them visas
to travel under the auspices of a firefighter training
program. Although authorities dismissed Reyes Santana from
his position, they declined to pursue criminal charges
against him.

Since 2004, the Venezuelan Embassy has received multiple
complaints from trafficked Venezuelans victimized by a
Dominican-Venezuelan company named "Literatura Universal."
The Embassy repeatedly communicated its concerns over the
case to the Dominican Foreign Ministry and others, but as of
year's end had not received a satisfactory response. The
company remained in operation and reportedly continued to
traffic Venezuelans into conditions of forced labor.

A series of delays and postponements plagued an early 2005
case against a group of Colombian and Dominican traffickers,
one of whom was a former leader of the Dominican Communist
Party. The accused had reportedly been preiously employed by
"Literatura Universal," the sme company mentioned in the
case above. After a sries of delays, the accused were found
guilty inFebruary of operating a criminal network that
trfficked young Colombian girls into the country to ork as
prostitutes. The accused were allowed to o free pending
sentencing hearings, which were reeatedly postponed due to
the failure of the accued to appear in court. The convicted
traffickersremained free at year's end.

--------------
-- The Traffickers
--------------

According to COIN and IOM, trafficking organizations are
typically small groups. Smuggling rings in the Dominican

Republic are loosely organized. Usually there is a contact
at the destination who works with recruiters in the Dominican
Republic to locate the victims and provide them with travel
documents. There were no reports of trafficking profits
being channeled to armed groups, terrorist organizations,
judges, banks, or the like. However, there were reports of
linkages between rings involved in trafficking in persons,
human smuggling, and drug trafficking. There were reports
that some travel agencies fronted for traffickers.

There were reports of governmental involvement in
trafficking. NGOs alleged corruption among the military and
migration officials stationed at border posts and noted that
these officials sometimes facilitated the illegal transit of
Haitian workers into the country. There were also elements
within the Migration Directorate and the National Police that
organized or facilitated the smuggling of aliens through the
international airports.

There were rumors from within the NGO community that other,
more senior officials were involved in trafficking activities
as well. Those senior officials remain in their jobs and
have not been investigated.

Several of the specific cases mentioned above involved
governmental officials, including some high-level ones.
Under the leadership of Frank Soto, the Department of Alien
Smuggling and Trafficking in Persons of the Office of the
Attorney General has actively pursued criminal charges
against a number of officials who were allegedly involved in
trafficking. This is a significant improvement over past
years.

It should be noted that at the time that this report was
written, Dr. Frank Soto had been suspended from his job for
nearly two months. The suspension was related to the
shooting death of a corrupt regional prosecutor, which
occurred during a nighttime exchange of gunfire between the
prosecutor and police officials attempting to apprehend him.
Dr. Soto was leading the operation and was present at the
scene. The Justice Ministry investigation found that the
regional prosecutor had opened fire and had wounded a
policeman, provoking return fire from arresting officials.

There were rumors in the NGO community that an internal
government report had cleared Dr. Soto of wrongdoing, but
that he remained suspended because some officials felt
threatened by his investigations.

--------------
-- International Cooperation
--------------

The government has signed a cooperative agreement with the
government of Colombia to share information on cases of
trafficking. The Presiding Justice of the Supreme Court has
signed an agreement with his Latin American and Iberian
counterparts for the Network of Ibero-American Judicial
Cooperation (IberRed) to conduct studies and collaborate on
trafficking projects. The government is not currently
engaged in any international trafficking investigations. The
Attorney General's office has worked in the past with
Argentina and Colombia.

Over the past several years the Venezuelan Embassy has
complained repeatedly, at the highest levels, that a
Dominican company called "Literatura Universal" is
trafficking Venezuelan citizens into conditions of forced
labor. The company promises lucrative employment outside of
Venezuela, but upon arrival in the Dominican Republic retains
victims' identity documentation and confines and exploits
them. As of the writing of this report Dominican authorities
had taken no action against the company.

There are no known cases where the government has requested
the extradition of persons charged in other countries with
trafficking, nor has the government received any requests to
extradite any of its citizens to another nation on charges of
trafficking. Extradition between the United States and the
Dominican Republic is governed by the June 9, 1909
Extradition Treaty. The government has responded positively
to United States extradition requests on other grounds.

The laws on child sexual abuse laws do not provide

extraterritorial coverage. Dominicans are not known to travel
overseas to engage in child sex tourism.

The Government has taken action on the following
international instruments:

- ILO Convention 182 (ratified November 15, 2000)
- ILO Convention 29 (ratified December 5, 1956)
- ILO Convention 105 (ratified June 23, 1958)
- Protocol to Prevent, Suppress and Punish Trafficking in
Persons (ratified November 7, 2006)
- Optional Protocol to the Convention on the Rights of
the Child on the sale of children, child prostitution, and
child pornography (submitted to the Senate for ratification
on February 8, 2005)


IV. PROTECTION AND ASSISTANCE TO VICTIMS

Dominican authorities did little to support or expand
programs providing protection and assistance to victims of
trafficking.

--------------
-- The Law
--------------

Under the Trafficking Law, victims of trafficking are
guaranteed adequate housing, medical attention, and access to
education, training, and employment opportunities. The law
requires that victims receive legal assistance as well as
psychological and other evaluations. In practice, however,
such assistance is not widely available.

Victims can file civil suits against traffickers, but there
is little incentive to do so and victims may be unwilling to
face the social stigma. In addition, many illegal migrants
are reluctant to file charges against smugglers because the
victims are considering attempting illegal migration again in
the future. Another problem is the cultural regard that
Dominicans have for traffickers and alien smugglers. Given
the important role that emigration plays for many Dominicans,
these criminals are regarded by some as heroes.

--------------
-- Assistance to Victims
--------------

The Dominican government invests virtually none of its own
resources in efforts to assist or rehabilitate victims of
trafficking. Most programs of this nature are maintained and
financed by private sources, such as NGOs and other
international organizations.

CONANI currently runs seven shelters that house children at
risk or children who are victims of violence and sexual
abuse. Children and adolescents who have been rescued from
sexual exploitation, including some victims of trafficking,
are sometimes housed in these shelters.
Local NGO COIN operates an office in Bani where women
returned from trafficking situations abroad can receive
low-cost or free health services, psychological counseling,
judicial assistance, and job training. COIN also operates a
reception center for returned women, offers counseling for
potential victims, and conducts limited public service
campaigns. COIN provides tests for HIV/AIDS and other
sexually transmitted diseases. COIN receives no assistance
from the Dominican government, but the government does refer
victims to its offices.

The Armed Forces sponsored a program to rescue children from
abuse, known as the General Directorate of Shelters and
Residences for the Civic Reeducation of Boys, Girls, and
Adolescents (DIGFARCIN). DIGFARCIN provided educational
programs, after-school projects, and recreation opportunities
to children at risk of abuse, mainly in the Boca Chica area.
DIGFARCIN also operated a home for abused children in San
Jose de las Matas.

The Hermanas Adoratrices, a religious organization, operates
two refuges that receive and rehabilitate prostitutes and
provide them with health care, childcare, and vocational
skills. Those refuges are located in Santo Domingo and La
Romana. The organization receives no assistance from the

Dominican government.

There is no formal screening system in place to transfer
victims detained, arrested, or placed in protective custody
by law enforcement authorities into the care of NGOs.
Victims are generally referred to NGOs such as COIN and IOM
if authorities recognize that they are victims of
trafficking. These efforts are largely led by the Secretariat
of Women.

The government generally respects the rights of trafficking
victims and does not detain or jail them unless there is
evidence that they have committed a crime, such as drug
smuggling. Authorities often arrest prostitutes in raids,
some of whom are probably victims of trafficking, but in
general the authorities do not make an effort to investigate
whether the women are victims of trafficking except when
there is evidence of child prostitution.

The government does not provide protection for victims and
witnesses as a matter of course, although the government has
at times provided protection to victims when an active threat
is perceived.

There were no shelters, private or public, anywhere in the
country to provide temporary housing to victims of
trafficking. Shelters for victims of violence were not
generally accessible by victims of trafficking. COIN reports
that the lack of shelters forces them to return victims of
trafficking directly to their home villages, which is
generally accomplished without difficulties. However,
reintegration problems sometimes occur, and the lack of
shelters also made it difficult for foreign victims to return
to the Dominican Republic to testify against traffickers.

The government added a number of new programs to assist
victims of violence and sexual assault, but NGOs reported
that these resources were not available to victims of
trafficking. New resources for victims of violence and
sexual assault included the following:

The National Directorate for Assistance to Victims, created
by the Office of the Attorney General in 2005, coordinates
efforts of official and nongovernmental institutions that
offer services to victims of violence. It has three offices
in Santo Domingo and another four at locations around the
country. These offices not only accept criminal complaints
from victims of violence throughout the country but also
provided counseling and protection services and, when
necessary, referrals to medical or psychological specialists.
However, NGOs reported that their services were not made
available to victims of trafficking.

In the National District, which includes a large section of
Santo Domingo with approximately 10 percent of the country's
population, the public prosecutor's office created 13
satellite offices around the city where victims of violence
could file criminal complaints, obtain free legal counsel and
receive psychological and medical attention. Police were
instructed to forward all domestic violence and sexual
assault cases to these offices. Each office had professional
psychologists on staff to counsel victims of violence and to
assess the threat of impending danger associated with a
complaint. However, NGOs reported that their services were
not made available to victims of trafficking.

The government provides training for diplomatic personnel on
recognizing trafficking and assisting victims. The
administration has established this anti-trafficking training
as a permanent part of the required curriculum at the
Diplomatic and Consular school. Dominican officials overseas
are instructed to work with host governments to identify and
assist Dominican victims, to collect information on
trafficking patterns, and to identify traffickers.
Information obtained in these efforts is channeled through
the Secretariat of Foreign Affairs to the other agencies that
fight trafficking. COIN publishes pocket-sized books with
addresses of Dominican consulates overseas and distributes
them to women at risk. However, COIN is aware of only one
case, occurring in Puerto Rico, where a Dominican overseas
consulate successfully identified a victim of trafficking.

International organizations and NGOs that work with
trafficking victims all receive good cooperation from local

authorities. These include:

- Center for Integral Orientation and Investigation (COIN)
- Las Hermanas Adoratrices
- International Organization for Migration (IOM)
- The International Labor Organization (ILO)



3. Embassy human rights officer Alexander T. Bryan is the
point of contact on trafficking issues. He may be reached by
telephone at (809) 731-4203 and by fax at (809) 686-4038.
HERTELL