SANTO DOMINGO.-Although the procedure for lifting an exit impediment in the Dominican Republic seems simple, in practice it has become a via crucis on the way to making the right to mobility viable for many, in accordance with the regulations in force in the country.
Hundreds of Dominicans and foreigners have been trying to travel to different destinations abroad for weeks and months, but they find themselves stranded because they do not have authorization, despite the fact that they have court rulings providing for free movement, a fundamental right enshrined in the Dominican Constitution.
The main obstacle is in the Attorney General’s Office, where a high level of discretion has been incubated when issuing the corresponding documentation so that the immigration authorities allow a person to leave Dominican territory, after having the ruling that orders the lifting of the exit impediment.
The procedure, according to those familiar with the matter, can be carried out in hours, but if there is no will to process certain files, they remain shelved, outside the bureaucratic procedures of the interested parties.
The worst part
The situation has a harsher impact on those who plan to start or are undergoing medical treatment abroad, especially in health centers in the United States. The number of those affected has increased since 2020, the year in which the Attorney General’s Office launched a plan to combat administrative corruption, which has brought hundreds of former officials and family members, businessmen and other individuals to court.
The majority of those prosecuted are leaders or associates of the opposition Dominican Liberation Party (PLD).
A good part of the defendants in the files, who have obtained sentences that have allowed them to lift the exit impediments, are still waiting for the resolution of the problem that conditions their mobility.
Legal professionals who practice in the National District and the province of Santo Domingo confirmed to EL DÍA that this is a situation that tarnishes democratic institutions in the country. “As long as this persists, it cannot be properly said that the Dominican Republic constitutes a social and democratic State of law based on the dignity of the people,” said one of the jurists consulted, but who requested to remain anonymous.
The Judiciary has had to rule on disrespect for sentences ordering the lifting of impediments to leaving the country.
Lifting steps
An application is needed addressed to the Attorney General of the Republic requesting the removal or to the General Directorate of Immigration, which includes a copy of the identification card or passport of the interested party; original or certified copy of the sentence or resolution ordering the cessation of the coercive measure, certification of no appeal and no state of default, if applicable. Deliver the documentation to the Departure Impediment Department of the Attorney General’s Office.
If the impediment is due to support, it is required to present a real or personal guarantee and be up to date with payments. Once approved, the corresponding entities are notified to update the list of people with a travel ban.
The alerts
In addition to the situation of obstacles related to the lifting of exit impediments, we add to the problems that citizens face with immigration alerts, which also represent limitations on freedom of mobility.
Extent
– Caution
The impediments to leaving the country are established as a coercive measure in order to guarantee defendants appear before justice, avoiding the danger of escape or obstruction of the investigation.
Respect for mobility is the rule
Equality. In the Dominican Republic, freedom of transit is a fundamental right established in the Constitution and, as such, constitutes a responsibility that the State must guarantee under any circumstances in favor of the people.
No person should be harassed or bothered, except for justified causes, when moving through any part of the national territory, which also includes leaving or entering through any port or airport in the country.
However, there are complaints or complaints from people regarding inconveniences they face when traveling, due to the odious and illegal immigration alerts, without there being any reasons for this to occur in port or airport terminals in the country.
