Dominican Republic: Crime situation, including organized crime; state response, including effectiveness; state protection for witnesses and victims of crime (2013-September 2015)

1. Crime

The US Overseas Security Advisory Council (OSAC) gives the crime rating "critical" to the Dominican Republic (US 25 Mar. 2015, 1). The 2014 annual report of the National Human Rights Commission of the Dominican Republic (Comisión Nacional de los Derechos Humanos de la República Dominicana, CNDH-RD) notes that citizens live in a [translation] "chronic state of insecurity … [with] high levels of criminality and street violence" (CNDH-RD 10 Dec. 2014, 4). Amnesty International (AI) indicates in a press release on the Dominican Republic that crime in the country "is rife and public security is a major concern for the population" (15 Aug. 2014).

A report by the Office of the Attorney General (Procuraduría General de la República, PGR) indicates that, between January and June 2015, 872 homicides were committed in the country, representing a rate of 17.47 homicides per 100,000 inhabitants (Dominican Republic 26 Aug. 2015, 2-4). Within this rate, the highest rates are killings due to fights and disputes (6.31) and robberies and thefts (2.28) (ibid., 3-4). The four cities with the highest homicide rate were La Altagracia (30.48), Samaná (27.1), La Romana (26.76) and Elías Piña (26.66) (ibid., 15). A report by the PGR posted on its website on 23 December 2014 indicates that 1,808 homicides were committed in 2014, representing a rate of 17.42 homicides per 100,000 inhabitants (ibid. 23 Dec. 2014, 2). Within this rate, the highest rates are killings due to unknown causes (8.56), fights and disputes (5.36), and robberies and thefts (2.29) (ibid., 3-4). The three cities with the highest homicide rate were Pedernales (40.77), Independencia (32.51) and La Altagracia (26.73) (ibid., 15).

In a June 2014 article, El Caribe, a newspaper based in Santo Domingo, reported that kidnapping had been increasing in the country (El Caribe 9 June 2014). The source explained that kidnapping includes [translation] "'express kidnappings'," where the victim is held for ransom for a short period of time (ibid.). The OSAC also states that victims of kidnapping are held "from a few hours to a couple of days" while the perpetrators demand "large sums of money" (US 25 Mar. 2015, 6). The OSAC further indicates that the five localities with the highest number of reported kidnappings are Santo Domingo National District, María Trinidad Sánchez, Santiago, Santo Domingo Province and Valverde (ibid.). Further information about kidnappings, including statistics, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Organized Crime

The OSAC states that the Dominican Republic "faces the challenge of organized crime, which involves a variety of activities, including drug trafficking and corruption" (ibid., 2). The source also notes that "[a]lthough the country is not a center of drug production," it is a transit zone for drugs shipped from South America and Mexico to the US and Europe (ibid., 6). InSight Crime, a foundation dedicated to the study of organized crime in Latin America and the Caribbean (InSight Crime n.d.), also indicates that the Dominican Republic "has long served as a transit point for cocaine" from South America to North America (ibid. 9 June 2014). According to the Attorney General, most of the contract killings in the Dominican Republic were related to [translation] "'settling scores'" regarding drug trafficking (qtd. in El Nuevo Diario 8 June 2014). InSight Crime reports that transnational drug trafficking organizations, including the Sinaloa cartel, have a presence in the country and that "local gangs have reportedly forged ties" with them (3 July 2014). El Día, a newspaper based in Santo Domingo, reports that after several drug lords were detained in the Dominican Republic, the leader of the Sinaloa cartel, Joaquín Guzmán, aka El Chapo Guzmán, sent members of his cartel to the country to [translation] "oversee his interests" (24 Feb. 2014).

On 1 July 2014, Reporters Without Borders (Reporters sans frontières, RSF) indicated that violence against journalists in the Dominican Republic had increased during the past few weeks prior to the article. InSight Crime states that a "recent series of attacks against a journalist in the Dominican Republic illustrates the tactics used to silence those investigating the drug trade in the country" (3 July 2014). In July 2014, sources reported an armed attack against Pedro Fernández, a journalist (Acento 3 July 2014; RSF 1 July 2014) with the newspaper El Nacional, in San Francisco de Macorís (ibid.). Sources report that he received threats for investigating drug trafficking rings in that city (ibid.; Acento 3 July 2014). Acento, a digital newspaper based in Santo Domingo, quotes Pedro Fernández as saying that, due to the collusion of [translation] "many" police officers with drug trafficking organizations, he had dismissed the personal bodyguard that had been assigned to him by the President of the Dominican Republic (ibid.). InSight Crime explains that the National Police (Policía Nacional, PN), "who are widely perceived to be corrupt, often serve as a key link in the country's drug trafficking chain" (9 June 2014).

Sources report that security forces have been involved in extrajudicial killings (US 25 June 2015, 1; AI 25 Feb. 2015, 133). The Dominican Republic newspaper El Nuevo Diario also quotes the Attorney General as saying that former police officers have been involved as perpetrators [translation] "in almost all" contract killings committed in the Dominican Republic (qtd. in El Nuevo Diario 8 June 2015). AI reports that the number of killings by police officers is on the rise (AI 15 Aug. 2014). According to AI's Americas Director, "'[f]ourteen people a month are dying at the hands of the police'" (ibid.). The PGR report on homicides during 2014 indicates that 209 out of 1,808 homicides committed in the country (a rate of 2.01 per 100,000 inhabitants) occurred due to [translation] "actions involving the National Police" (Dominican Republic 23 Dec. 2014, 2-4). The number for the period between January and June 2015 is 98 out of 872 homicides (a rate of 1.96) (ibid. 26 Aug. 2015, 2-4).

Sources quote the Public Prosecutor of the Santo Domingo National District as saying that police officers and soldiers have been involved in 90 percent of organized crimes committed in the Dominican Republic, particularly in "large-scale" drug trafficking and contract killings (Diario Libre 18 Mar. 2015; Listín Diario 19 Mar. 2015). In February 2014, sources reported that the Director of the National Drugs Control Agency (Dirección Nacional de Control de Drogas, DNCD), the government agency responsible for combating drug trafficking (Dominican Republic n.d.), had sent a report to the Director of the National Police indicating that [translation] "most of the police officers in San Cristóbal" colluded with a local drug trafficking ring led by Cristian Pozo, who had been captured alongside 10 more people (Noticias SIN 19 Feb. 2014; El Nuevo Diario 20 Feb. 2014). El Nuevo Diario indicates that Pozo reportedly paid 6 million Dominican pesos [approx. C$175,400] every month to police officers in San Cristóbal (ibid.).

3. State Response

In a report on its operation results for 2013 and 2014, the PGR mentions having created several specialized offices as a means to [translation] "decentralize" its actions, in order to combat crime more efficiently (Dominican Republic 8 Apr. 2015, 15). These specialized offices, with their operational results for 2014, include:

the Specialized Unit to Combat Migrant Smuggling and Human Trafficking (Procuraduría Especializada contra el Tráfico Ilícito de Migrantes y Trata de Personas): 86 prosecutions for cases such as trafficking in persons (18), commercial exploitation (20), migrant smuggling (45); 16 of these cases led to a conviction (ibid., 15, 17);

the Specialized Unit to Control and Combat the Trafficking of Firearms (Procuraduría Especializada para el Control y Tráfico de Armas de Fuego): destruction of two caches of weapons containing more than 6,000 firearms and knives (ibid., 23-24).

The PGR report also indicates that a Criminality Analysis Unit (Unidad de Análisis de la Criminalidad) was created to [translation] "undertake strategic analysis and case or operational analysis with the purpose of providing information on crime situation, elaborating crime maps, and analyzing criminal patterns, among others," and that it is at the development stage (ibid., 42). Information on the implementation of this unit, as well as on the efficiency of the above-mentioned PGR specialized units, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The PGR report indicates that the National Directorate for Victims' Support (Dirección Nacional de Atención a Víctimas), which is responsible for regulating the procedures of government bodies that support victims of violent crimes, provided assistance to 336 families and conducted 1,052 follow-up sessions on previous cases (ibid., 58-59). Further information on the type of assistance and services provided by the National Directorate could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The PGR report indicates that during 2014, the PGR prosecuted 18,366 cases, including the following: homicides and contract killings (954), fights and disputes (1,383), illegal possession of weapons (1,330), and robberies and thefts (2,475) (ibid., 110-111). The website of the DNCD indicates that from January to March 2015, the DNCD arrested 6,812 people for drug-related offenses, and seized approximately 2,717 kilograms of cocaine, 2 kilograms of crack, 1.8 kilogram of heroin, and 625 kilograms of marijuana (ibid. 22 May 2015, 3-4). During 2014, the agency detained 28,072 people, and seized approximately 8,541 kilos of cocaine, 6.7 kilos of crack, 45 kilos of heroin, 1,967 kilos of marijuana, 1,838 motor vehicles, and 281 weapons (ibid. 30 Jan. 2015, 3, 5-6).

The OSAC report cites local traffic conditions and lack of resources as a limitation for an effective police response to reported incidents of crime (US 25 Mar. 2015, 8). The 2013-2014 PGR report indicates that the PGR's budget for 2014 was approximately 3.2 billion Dominican pesos [approx. C$94.9 million] (Dominican Republic 8 Apr. 2015, 131).

AI's 2014-2015 report notes that "[m]any police officers alleged to have committed abuses were not brought to justice despite compelling evidence" (AI 25 Feb. 2015, 133). The US Department of State's Country Reports on Human Rights Practices for 2014 for the Dominican Republic also states that, "[a]lthough the government took steps to punish officials who committed abuses, there was a widespread perception of official impunity, especially concerning officials of senior rank" and that government officials "frequently engaged in corrupt practices with impunity" (US 25 June 2015, 1, 23. According to the National Police, 48 police officers were dismissed for misconduct from January to September 2014 (ibid., 8-9).

Sources indicate that the President drafted a police reform in 2012 (AI 15 Aug. 2014; US 25 June 2015, 8) that was to increase the salaries of police officers, provide them with better equipment, and increase their level of education (ibid.). However, the same sources note that, two years later, the reform was yet to be implemented (ibid.; AI 15 Aug. 2014).

3.1 Witness Protection Program

The Penal Code (Código Procesal Penal) indicates the following regarding the rights of victims of crime:

[translation]

Article 27.- Rights of the victim. The victim has the right to assume his or her representation and be assisted by a technical representative of their choice. If they do not have the financial capacity to appoint such a representative, the State will provide one. The victim has the right to intervene in criminal proceedings and to be informed of the results in the manner prescribed by this Code.

Article 84.- Rights of the victim. Without prejudice to the rights he or she will be acquiring as the plaintiff, the victim has the following rights:

to be treated with dignity and respect;

that his or her privacy be respected;

to receive protection for his or her safety and that of their family;

to participate in the proceedings, as provided in this Code;

to appeal all decisions that might put an end to the trial;

to be informed of the results of the proceedings and trial;

to be heard before any decision involving the termination or suspension of the criminal proceedings is taken, even without asking;

to receive free legal technical assistance in the event of financial insolvency, in accordance with the law;

to submit the final decision he or she deems appropriate, after becoming a plaintiff, in the case of private entities, even if the prosecution insists on discontinuing the case. (Dominican Republic 2015b)

The Constitution of the Dominican Republic indicates the following regarding the protection of victims and witnesses of crime:

Article 169

Definition and functions

The Public Ministry is the organ of the system of justice responsible for the formulation and implementation of the policy of the State against criminality, [it] directs the criminal investigation and exercises the public action in representation of society.

Paragraph I

In the exercise of its functions, the Public Ministry will guarantee the fundamental rights that assist the citizens [masculine] and the citizens [feminine], it will promote the alternative resolution of disputes, it will establish the protection of victims and witnesses and will defend the public interest guarded [tutelado] by the law. (ibid. 2015a)

PGR's Resolution No. 42 (Resolución 42) regulates the victim and witness protection program in the Dominican Republic (ibid. 2009). The program, however, [translation] "only applies to cases of drug trafficking and complex crime," as well as "horrendous crimes that have had a major impact on society" (ibid., Art. 7). The program is run by the Victim and Witness Protection Unit (Unidad de Protección de Víctimas y Testigos) under the National Directorate for Prosecution of Drug Trafficking and Complex Crime (Dirección Nacional de Persecución del Narcotráfico y Criminalidad Compleja) (ibid., Art. 1). The applications for protection are studied by the Victim and Witness Protection Unit within 10 days of submission (ibid., Art. 8). The resolution provides for the following protection measures:

[translation]

4. The following are considered protection measures, without prejudice to others that may apply:

Relocation or immediate removal of the protected person from the place of risk.

Police surveillance and protection in the place where the protected person lives.

Installation of emergency police communication equipment, when appropriate.

Witness security measures in prison, such as isolation from other inmates.

Distortion of voice or image during trial, with judicial authorization.

Concealment of identity of victim or witness, when appropriate.

Testimony by videoconference.

…

10. In urgent cases, the Attorney General of the Republic or, if applicable, the National Director for Prosecution of Drug Trafficking and Complex Crimes may make protection immediately available, in view of the imminent risks. This protection will be provisional and granted without any formal proceedings, and must be reviewed after it is granted.

11. …

In any case, the record will mention at least the following obligations:

2. For the Protection Program:

Provide attention for medical and psychological needs, and the security, maintenance and housing of the protected person;

Arrange, where applicable, employment and/or access to education for the protected person, with a view to his/her social reintegration;

Treat the protected person with dignity and faithfully respect his/her fundamental rights;

Ensure that the assigned resources are used correctly; and

Deal in timely fashion with all the concerns and complaints of the protected person and pass them on to the competent public authority if they are beyond the scope of the Public Ministry. (ibid., Arts. 4, 10, 11)

In April 2014, El Caribe reported that the majority of people under this program were linked to cases of drug trafficking (El Caribe 24 Apr. 2014). The article quoted the Attorney General as saying that more than 20 people were receiving protection (ibid.). According to him, in "'extreme'" cases the witness or victim is moved to a safe house, but in others the PGR only maintains telephone contact with them (ibid.). The Attorney General is also quoted as saying that the notion of [translation] "protected witness is not yet part of the culture in the Dominican Republic and for this reason there are just a few" people in the program, and that the program "is not yet an established institution" in the country (ibid.). Further and corroborating information on the efficiency of the witness protection program could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Acento. 3 July 2014. Francisco Calderón Hernández. "Periodista rechaza versión de la policía sobre atentados contra su vida." [Accessed 14 Sept. 2015]

Amnesty International (AI). 25 February 2015. "Dominican Republic." Amnesty International Report 2014/15: The State of the World's Human Rights. [Accessed 14 Sept. 2015]

_____. 15 August 2014. "Dominican Republic: Killings at the Hands of the Police Rise While Reforms Stall." [Accessed 14 Sept. 2015]

Comisión Nacional de los Derechos Humanos de la República Dominicana (CNDH-RD). 10 December 2014. Informe anual de la situación de los derechos humanos en la República Dominicana. [Accessed 6 Oct. 2015]

Diario Libre. 18 March 2015. Kirsis Díaz. "Fiscal del Distrito dice detrás del 90 % de los casos de criminalidad hay policías y militares." [Accessed 14 Sept. 2015]

Dominican Republic. 26 August 2015. Procuraduría General de la República (PGR), Departamento de Estadísticas. Informe de homicidios. Resumen enero-junio de 2015. [Accessed 14 Sept. 2015]

_____. 22 May 2015. Dirección Nacional de Control de Drogas (DNCD). Informe estadístico del período enero-marzo del 2015. [Accessed 18 Sept. 2015]

_____. 8 April 2015. Procuraduría General de la República (PGR). Rendición de cuentas 2013/14. [Accessed 14 Sept. 2015]

_____. 30 January 2015. Dirección Nacional de Control de Drogas (DNCD). Informe estadístico del año 2014. [Accessed 18 Sept. 2015]

_____. 2015a. Constitution of the Dominican Republic, 2015. Translated by Luis Francisco Valle Velasco and J. J. Ruchti. In World Constitutions Illustrated. Edited by Jefri Jay Ruchti. Buffalo, NY: William S. Hein & Co., Inc.

_____. 2015b. Ley No. 10-15 que introduce Modificaciones a la Ley No. 76-02, del 19 de Julio de 2002, que Establece el Código Procesal Penal de la República Dominicana. G. O. No. 10791 del 10 de Febrero de 2015. [Accessed 14 Sept. 2015]

_____. 23 December 2014. Procuraduría General de la República (PGR), Departamento de Estadísticas. Informe de homicidios. Enero-diciembre 2014. [Accessed 14 Sept. 2015]

_____. 2009. Procuraduría General de la República (PGR). Resolución 42 de Julio 2009, sobre la Unidad de Protección a Víctimas y Testigos. [Accessed 14 Sept. 2015]

_____. N.d. Dirección Nacional de Control de Drogas (DNCD). "Dirección Nacional de Control de Drogas." [Accessed 30 Sept. 2015]

El Caribe. 9 June 2014. Darlenny Martínez. "Los secuestros van en aumento en los últimos días en el país." [Accessed 16 Sept. 2015]

_____. 24 April 2014. Julia Ramírez. "En RD las víctimas y testigos no tienen protección efectiva." [Accessed 14 Sept. 2015]

El Día. 24 February 2014. "El mayor narco del mundo tenía conexiones en República Dominicana." [Accessed 18 Sept. 2015]

El Nuevo Diario. 8 June 2014. "Procurador General afirma que en mayoría de casos de sicariato participan expolicías." [Accessed 14 Sept. 2015]

_____. 20 February 2014. Francia Valdez. "Revelan narco tenía nómina de RD$6.0 millones al mes para policías de SC." [Accessed 18 Sept. 2015]

InSight Crime. 3 July 2014. Mimi Yagoub. "'Drug Gang' Attacks on Dominican Republic Journalist Highlight Organized Crime Threat." [Accessed 14 Sept. 2015]

_____. 9 June 2014. Mimi Yagoub. "Ex-police Contract Killers in Dominican Republic: Inspector General." [Accessed 14 Sept. 2015]

_____. N.d. "About Us." [Accessed 30 Sept. 2015]

Listín Diario. 19 March 2015. Ramón Cruz Benzán. "Fiscal dice en 90% de casos criminales actúan agentes." [Accessed 14 Sept. 2015]

Noticias SIN. 19 February 2014. "DNCD revela complicidad de miembros de la policía de San Cristóbal con red de 'El Matatán'." [Accessed 18 Sept. 2015]

Reporters sans frontières (RSF). 1 July 2014. "Nuevo intento de asesinato contra el periodista dominicano Pedro Fernández." [Accessed 14 Sept. 2015]

United States (US). 25 June 2015. Department of State. "Dominican Republic." Country Reports on Human Rights Practices for 2014. [Accessed 14 Sept. 2015]

_____. 25 March 2015. Department of State, Overseas Security Advisory Council (OSAC). Dominican Republic 2015 Crime and Safety Report. [Accessed 14 Sept. 2015]

Additional Sources Consulted

Internet sites, including: COC Noticias; Despertar Dominicano; Dominican Republic - Comisión Nacional de los Derechos Humanos, Ejército de la República Dominicana, Fiscalía del Distrito Nacional, Ministerio Público, Oficina Nacional de Estadística, Policía Nacional; Factiva; Freedom House; Human Rights Watch; Institute for Economics and Peace; Jane's Intelligence Review; United Nations - Office on Drugs and Crime, Refworld, ReliefWeb; United States - Central Intelligence Agency, Library of Congress; Universidad Autónoma de Santo Domingo; Univisión.