The president of the People’s Force Party (FP), Leonel Fernandezstated yesterday that the constitutional reform submitted to the National Congress by the Executive Branch is unnecessary since one of the main aspects to be addressed is the independence of the Public Prosecutor’s Office It is already enshrined in the Magna Carta.
“It is established in Article 170 of the Constitution, since its reform in 2010, and also in Articles 2 and 17 of the Organic Law of the Public Prosecutor’s Office (No. 133-11),” said the former president, during his appearance at the Weekly Luncheon of the Corripio Communications Group.
With the text in hand, Fernandez proceeded to read it Article 170 of the Constitution which reads:
“The Public Prosecutor’s Office enjoys functional, administrative and budgetary autonomy. It exercises its functions in accordance with the principles of legality, objectivity, unity of action, hierarchy, indivisibility and responsibility.”
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The former president said he was surprised to see that in the letter requesting reform, President Luis Abinader indicates that the aim is to “consolidate” the autonomy of the Public Prosecutor’s Office, after indicating that for a long time he (Fernández) has maintained that the Public Prosecutor’s Office is independent, so, without saying it directly, they agree with him.
Fernández reiterated that the whole issue has arisen due to the confusion that exists between the figure of the Attorney General of the Republic with that of the Public Prosecutor’s Office.
“In the Dominican Republic, the Public Prosecutor’s Office is not the Attorney General,” he said, after indicating that the Public Prosecutor’s Office is a career system, which is entered through the Public Prosecutor’s School and for which it is required to participate in a competition.
“When you graduate from school, you apply to become a prosecutor in a justice of the peace court and you move up based on your merits.”
Affiliation
Regarding the political affiliation of this figure in the criminal prosecution system, Fernández responded that “people cannot be punished for having a political affiliation.”
He gave as an example Milton Ray Guevara, who was part of the political leadership of the Dominican Revolutionary Party (PRD), senator for Samaná and Secretary of Labor, and despite this, he had an excellent performance as president of the Constitutional Court (TC)recognized by the entire society.
In his speech, Fernandez also mentioned Radhames Jimenez Penawho, despite being a political activist, was a prosecutor and no negative things have been attributed to his administration. “He was an exemplary prosecutor; it will always depend on the personal quality of the individual,” he said.
“I think we cannot disqualify a person based on his political affiliation,” he insisted.
Trend
Regarding the proposal that the president not be the one to directly appoint the Attorney General, the opposition leader pointed out that the appointment of the Attorney General by the head of state or government is the dominant modality worldwide.
According to the reports, this happens in about 130 countries, including the United States.
He also stressed that the fact that it is now appointed, not directly, but through the National Council of the Judiciary (CNM)at the request of the President of the Republic, does not guarantee that “the chosen one” is serious or not, since everything will depend on his human, ethical and professional condition.
He also stated that all members of the Public Prosecutor’s Office are irremovable: the prosecutor, the court attorney and the public prosecutor…, since they are career members.
In a meeting with journalists and executives from the Corripio Communications Group, Leonel Fernández said he did not understand why the project was considered “hyperbolic” if it only involves four points, compared to a comprehensive reform like the one carried out in 2010.
“I think there is a hyperbolic vision with everything in this government,” said the former president.
At the Corripio Communications Group’s weekly lunch, the president of the Fuerza del Pueblo was accompanied by Party executives Radhamés Jiménez Peña, vice president; Nathanael Concepción, member of the political leadership; Josefina Pimentel, Secretary of Education and Omar Liriano of Communications.
Deputies versus referendum
Regarding the reduction of the number of deputies, the former president believes that it is not appropriate and advocates leaving it frozen at the current 190.
He warned that the National Congress must first focus on the approval of the referendum law.
“There is a more complicated technical problem, which is that this reform, since it concerns fundamental rights, must be carried out in accordance with the Constitution through a referendum in order to be able to carry out these aspects,” he added.
He recalled that in 2021, the Executive Branch submitted a bill and that in 2023, the ruling party’s bench took it up again, however, there is still nothing concrete.
“It is clear that this constitutional reform cannot be carried out if the referendum law has not been approved and promulgated beforehand,” he added.
He also referred to two rulings by the Constitutional Court that address the need to create this legislation.
“The National Congress is in contempt for not approving this law, as can be seen from two rulings by the Constitutional Court. Before the constitutional reform, what must be approved is the referendum law. This complicates the presidential will,” said the academic and legal professional.
Outstanding debt
It is recalled that the creation of the figure of the referendum is contemplated in the Dominican Constitution.
It is a procedure for direct citizen participation to approve proposals for amendments to the Constitution when it concerns rights, fundamental guarantees, territorial planning, nationality, citizenship and immigration regime, and the currency regime.
