DAS Reynoso's Meetings on Justice, Transparency and Human

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 �0A;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