SUPREME COURT CHIEF JUSTICE EMPHASIZES COMMITMENT

C O N F I D E N T I A L SANTO DOMINGO 001017 SIPDIS E.O. 12958: DECL: 09/04/2019 TAGS: PGOV CJAN PREL DR SUBJECT: SUPREME COURT CHIEF JUSTICE EMPHASIZES COMMITMENT TO JUDICIAL INDEPENDENCE AND COOPERATION ON EXTRADITIONS IN MEETING WITH CHARGE Classified By: POLECON Counselor Alexander Margulies. Reason: 1.5(b/d) . ¶1. (C) SUMMARY: Supreme Court Chief Justice Jorge Subero Isa stressed his commitment to judicial independence and reform, but cautioned that there are powerful interests working to undermine his efforts and return the judiciary to subservience to political and economic influence, in a 9/04 meeting with Charge, USAID Director and POLECON Counselor. Subero praised USAID programs for providing essential assitance to judicial reform efforts since the beginning of his tenure as Chief Justice in 1997 and looked forward to further collaboration. Charge thanked the Chief Justice for the judiciary's cooperation on U.S. extradition requests; Subero replied that this remains a priority for him, noting that he sees narcotics trafficking and terrorism as the most significant challenges over the next five years. END SUMMARY. ¶2. (C) The Chief Justice spoke proudly of the USAID-supported Judicial Academy, which is recognized throughout Latin America as the premier training school for judges, noting that Dominican judges have a high morale, are young (most under 40 years of age),and unconnected with the judiciary's corrupt past. He emphasized the importance of the courts' criminal convictions of powerful bankers for their roles in the 2003 banking scandals and resulting financial collapse, noting that this was an historic development in a country where impunity had long reigned. Nonetheless, Subero lamented, he "is not optimistic," about the future of judicial independence in the Dominican Republic. ¶3. (C) Subero cautioned that powerful political and financial interests, citing the imprisoned bankers in particular, are determined to return the judiciary to subservient status, pointing at the ongoing efforts to create a Constitutional Tribunal (CT) that would handle constititional issues currently dealt with by the Supreme Court, as well as the proposal to remove Administrative Tribunals from the judiciary's control. He explained that the creation of a separate CT would inevitably result in a situation where "litigation would never end," as lawyers would delay trials by raising constitutional objections that would have to be referred to the CT before proceedings could continue. Prior cases, including those involving the convicted bankers, could be reopened by the CT. The consequences for resolution of commercial disputes would also be negative, Subero observed, adding that he has stressed this point to business groups he has met with to lobby against the proposal. He also argued that the influx of foreign direct investment in recent years was a direct result of the Court's serious work and the predictability in the application of law and regulations that it fostered. ¶4. (C) The Chief Justice rejected complaints that the current Supreme Court takes too long to resolve constitutional cases, noting that it has handed down final decisions in most of the 514 such cases brought before it over the past decade. He declared his readiness to compromise on this issue through the creation of a Constituitonal Chamber (Sala Constitucional) within the existing Supreme Court, which would hear constitutional cases (currently, the plenum of all 16 Supreme Court Justices hear constitutional challenges). Subero also questioned the motives of the civil society NGOs FINJUS and Citizen's Participation in supporting the CT proposal, claiming that those NGOs' directors' (unexplained) "personal reasons" were behind their positions on this issue. ¶5. (C) Charge praised the accomplishments of the Chief Justice and the judiciary, emphasized the importance that the USG places on the judicial reform and strengthening and our continued commitment to support these processes. Subero expressed his appreciation for USG assistance, noted that USAID programs were essential components of the reform movement since his administration commenced in 1997, and looked forward to continued collaboration. ¶6. (C) Charge then thanked Subero for the Supreme Court's cooperation in expediting the processing of USG extradition requests, which primarily deal with narcotraffickers. Subero stressed his determination to continue prioritizing extradition cases, explaining that in his view the greatest challenges to democracy over the next five years come from narcotrafficking and terrorism. He added that he would raise the Charge's visit in an upcoming meeting with the Supreme Court's Criminal Chamber, which hears extradition cases. ¶7. (C) COMMENT: Subero has been at the forefront of efforts to reform the judiciary and strengthen it as an independent branch of government able to stand up to the executive branch. That his accomplishments are resisted by powerful political and business interests is not surprising. Whether the creation of a Constitutional Tribunal represents an effort to bypass the Supreme Court is debatable (Post is preparing an analysis of the proposed constitutional reforms to be sent SEPTEL). END COMMENT. LAMBERT