RULE OF LAW ROUND-UP - DEC 2008

UNCLAS SECTION 01 OF 03 SANTO DOMINGO 001959

SENSITIVE
SIPDIS

STATE DEPARTMENT FOR INL FPALMIERI, RLEVENTHAL, KBROWN,
WHA/CAR VDEPIRRO, BPREMONT

E.O. 12958: N/A
TAGS: PGOV KCOR KCRM SNAR PREL DR
SUBJECT: RULE OF LAW ROUND-UP - DEC 2008

REF: A. SDO 1296

B. SDO 651


1. (U) This constitutes the first in a planned series of
cables collecting and summarizing developments in the rule of
law field, writ large: notable cases and controversies
related to corruption, narco-trafficking, money-laundering,
human smuggling and trafficking, as well as the functioning
of public institutions that are supposed to ensure good
governance.


Notable Cases or Incidents in Recent Weeks
--------------

-- Sunland Case:


2. (SBU) On 12/18, the Dominican Supreme Court (SCJ) ruled
that plaintiffs (the opposition Partido Revolucionario
Dominicano and an NGO, Foro Social Alternativo) did not have
standing to bring suit against the government of President
Fernandez in the Sunland case. This case involved the signing
of a contract by the State Works Supervisory Office for a
loan from Sunland in the amount of USD 130 million, without
the approval of the National Assembly as required by the
Dominican constitution. The money was to be used on public
works at a time when the DR was in its election cycle - thus
the opposition party's sensitivity. The deal also took place
in the context of an agreement with the IMF that otherwise
constrained GODR spending.


3. (SBU) The SCJ did indicate that the executive branch was
wrong to sign the Sunland loan agreement, but that only the
Presidents of the Senate and of the Chamber of Deputies could
bring such a suit. Three justices dissented, saying that the
court should have simply ruled that deal was
unconstitutionally made. It is notable that, instead of
viewing the issuance of a judicial dissent as part of the
normal process, the President of the Supreme Court seemed to
criticize the lack of unity in the court, saying "the SCJ
needs new leadership." It is not clear what the SCJ president
meant by this statement.


4. (U) This (non) decision provoked generally negative, as
well as mocking, press coverage. Some critics say the
decision guts the ability of citizens to file suits for
allegedly unconstitutional actions by the government - a
capacity established by a series of prior Supreme Court
decisions. Other media (and Emboff) strongly suspect that
the SCJ made the decision for political reasons.


5. (SBU) Comment: If the decision indeed stems from an
unwillingness to stand up to the currently popular and
politically powerful president, that would deal a blow to
our years of effort to promote the rule of law. One newspaper
editorialized that the SCJ decision "erodes judicial order
and drains the credibility of the highest court in the
country." End Comment.

-- "Pirate" Airplane Disappears:


6. (SBU) On 12/15, media reported the loss of 12 people who
were headed in a small plane from the DR to the Turks and
Caicos, and presumably on to the United States. It turned
out that the pilot had his license revoked in 2006 (or
earlier),and conservative daily Listin Diario cited
"credible sources" that he has previously been implicated in
human and drug smuggling cases, including the Quirino case
(see para. 9, below). There were contradictory accounts as to
whether the aircraft's owner, who lives and operates out of
Puerto Rico, had had his plane stolen, or had sent the plane
to the DR for repairs. The thrust of reporting indicates
that this was a botched attempt at smuggling people into the
U.S. for up to $16,000 (per unofficial sources: $6,000 paid
up front; $10,000 upon delivery of the smuggled people).
Investigators are looking into how an unlicensed pilot was
able to take off from Santiago International Airport and the
Dominican Civil Aviation Institute (IDAC) has suspending
three aviation technicians at that airport while the
investigation is ongoing. On 12/22, the Executive Director
of the Department of Airports, Andres Vanderhost, told the
press that various entities (including military intelligence
- the "J-2," the Directorate of Migration, IDAC and the
Airport Security Corps - CESA),will meet in January 2009 to
identify and authorize measures to cut down the number of
"pirate" flights. An advisor to the president of IDAC called
the Embassy on 12/22 to urge U.S. participation in the


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SANTO DOMI 00001959 003 OF 003


USAID played a significant role in the establishment of the
public defender's service.


Final Observations
--------------


12. (SBU) Comment: Many of the above-mentioned developments
demonstrate the weakness of political institutions (other
than the presidency) and a lack of respect for the rule of
law. While the government has passed significant legislation
to advance transparency, accountability, financial management
and to combat narco-trafficking, effective implementation is
wanting. One factor is that the country is so small - "a
patio," as one official put it - that personal ties and lack
of space to hide help constrain many Dominicans from taking
bold action. Then again, the relative smallness of the
population might - were attitudes to change - operate to
reinforce law-abiding behavior. In any event, lack of
implementation explains the less than stellar progress the DR
has made as measured by major rule of law or governance
indicators. End Comment.
GOUGHNOUR