Advocates for transforming the penitentiary system, assigning more resources, implementing a new law on the use of digital media and supporting the Public Defense
Despite the advances registered during 2022 in the Dominican justice system, according to the Institutionality and Justice Foundation (Finjus) There are still challenges to be faced by 2023, including achieving the transformation of the prison system, “which has become a serious anomaly in the democratic regime; achieve better success rates in the prosecution of organized crime; encourage the use of alternative means of conflict resolution; greater budget allocation in accordance with the law; more support for the Public Defense and police reform underway.
According to the civil society entity, it is urgent that the Power of attorney articulate with the Office of the Attorney General of the Republic and the General Directorate of Prisons to establish a penitentiary census that allows updating all the release orders in all the courts for the execution of sentences and adolescent sanctions and guarantees the reduction of the excessive number of preventive prisoners.
As for the Public ministry considers it pertinent to achieve better success rates in the prosecution of transnational organized crime, especially in cases of human trafficking, financial crimes and corruption.
Continue strengthening the capacity to direct criminal investigation in a more cooperative relationship with the Police and other investigation or prosecution agencies, increasing the chances of achieving convictions in cases presented before the criminal jurisdiction.
Also strengthen the functional control mechanisms within the Public Ministry to guarantee the criteria of unity in the actions in its various dependencies.
Servio Tulio Castaños Guzmán, Executive Vice President of finjusconsiders it necessary to reinforce the culture of efficiency that has been implemented in the courts, and to encourage the use of alternative resolution channels, so that in the short term most cases are resolved with penalties without going to trial, which which would translate into large savings in the limited resources that reach the judiciary and other organs of the system.
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Likewise, to implement in a planned and systematic way the new law for the use of digital media throughout the country, which allows the establishment of the digital channel for users, virtual audiences, consultation and self-service centers and cubicles for virtual audiences.
It favors carrying out consultations in the legal community and society in general on the importance of updating and adapting the cassation law, which according to what has been expressed represents a factor of inertia due to its obsolescence.
castanos guzman It proposes to increase the specialized chambers, increasing the number of its judges and adapting the physical spaces according to the needs.
In this sense, it is urgent that the Judicial City in the municipality of Santo Domingo Este, he added. “We also value the need for the peace courts to be the basis of a new civic culture that reinforces peaceful coexistence, alternate dispute resolution and the de-judicialization of a series of processes under their charge, giving rise to these courts becoming in a meeting point of justice with the communities and facilitate the creation of a new model of justice at the service of the people”, adds the jurist.
From his point of view, concrete steps must be taken to improve the extremely serious situation that persists in the penitentiary system, which condemns thousands of people to serve an early sentence and suffer ill-treatment.
On the occasion of the celebration of the Day of the Judiciary, the Institutionality and Justice Foundation presented a general balance that, in its opinion, the justice system had in the past year 2022 and from which some challenges of great importance for society and democratic institutions.
In general, the work of the Judiciary has become more dynamic and the slowdown that occurred in 2020 and 2021 has yielded to the organizational changes introduced.
The entity valued that the actions that have been directed by the specialized programs to fight corruption in the Public ministry They have reflected a clear determination to initiate legal proceedings against corrupt practices and combat the culture of impunity.
However, it regrets the clashes that have arisen between the operators within it, which contravenes the desire of society that these processes are not tarnished. “At the end of the day, both the members of the acting Public Ministry and the magistrates of the criminal area are carrying out their functions within the framework of their legal powers,” he adds.
He regretted the non-observance of the law that supports the financial autonomy of the organs of the justice system and complained about the low allocation of funds. “Without adequate resources, the Judiciary, the Public Ministry and the National Public Defense Service will not be able to contribute to reducing or preventing crime, investigate those responsible or apply the consequences that derive from them,” said Castaños Guzmán.
