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Request suspension against SFM inspector and Montecristi court attorney

John Medina 1

Santo Domingo. – The General Inspectorate of the Public Ministry requested the Superior Council of the persecuting body the suspension of their functions of the inspector Engels Luis Polanco Henríquez and the court attorney Antonio de Jesús Báez Tapia for incurring “serious” and “very serious” faults.

John Medina

Deputy Attorney General Juan Medina de los Santos, Inspector General, submitted the request to Attorney General Miriam Germán Brito and the other members of the Superior Council of the Public ministry.

“Engels Luis Polanco Henríquez has exercised his functions improperly by failing to comply with the obligations or duties of his position and incurring in serious and very serious offenses for carrying out acts that seriously affect the institution of the Public Ministry,” explains the instance related to the case of a murdered woman of 351 stab wounds.

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It indicates that Polanco Henríquez’s position, on February 22, opposed the variation of the aforementioned preventive detention coercion measure carried out by Eusebio Rosario Hernández (Eddy), accused, along with a minor son, of the crime of Carmen Paulino Gabriel (Rafelina), which occurred in San Francisco de Macorís in June 2021.

It indicates that, precisely on February 22, the inspector argued about the lack of budgets presented by Rosario Hernández’s defense and argued that the circumstances that led to the imposition of preventive detention against the accused were maintained.

However, on the 18th of this month, the same inspector changed his criteria “because of the knowledge of a review of the informal coercion measure, in which budgets were not presented that would guarantee the presence of said accused to the other acts of the process.”

Inspector Medina de los Santos also points out that the case was not covered by article 241 of the Code of Criminal Procedure, on the cessation of preventive detention. In this regard, he indicated that the 12-month period for preventive detention had not expired, but was due on June 7, “so it is not justified for the prosecutor to request the variation of the measure of coercion, due to the expiration of a period that had not yet expired, especially in a case as serious as the one at hand.”

Regarding the court attorney of Montecristi, Antonio de Jesús Báez Tapia, inspector Medina de los Santos requested on May 16 the suspension of said representative of the Public Ministry, for exercising his functions improperly, “by failing to comply with the obligations or duties of their position and incurring in serious and very serious offenses for carrying out acts that seriously affect the institution.”

It states that Báez Tapia incurred in a violation of the Organic Law of the Public Ministry (number 133-11), for “not observing constitutional or legal prohibitions or incompatibilities when the act or omission has serious consequences for citizens or the State” , for having neglected the file and the process followed against former inspector Carmen Lisset Núñez Peña.

Báez Tapia also dropped the charges against Major Víctor Ignacio Encarnación Cuevas, Captain Juan de Dios Heredia Martínez and Corporal Adán Mauricio Rodríguez Pichardo, of the National Police and attached to the National Drug Control Directorate (DNCD), as well as against Air Force Corporal Juan Antonio Arias Peguero.

The former prosecutor and the four anti-narcotics agents are prosecuted for implanting drugs in the raid on a hairdresser located in Villa Vásquez, in August 2019, a fact that was recorded in a video known to the entire population.



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