Dominican Republic: Information on the possible range of penalties for dealing or trafficking in illegal drugs; information on the government agencies responsible for prosecution of drug crimes; whether or not the Dominican Republic has an extradition treaty with Germany or any other European state (1997-May 2001)

The following information is from Law No. 50-88 of 1988, called the Law on Drugs and Controlled Substances of the Dominican Republic (Ley sobre Drogas y Substancias Controladas de la República Dominicana). Please note that the following is not a complete or official translation of the law, nor is it an exhaustive itemization of the law's provisions.

Government Agencies

Article 10 of the law mandates the creation of a National Directorate of Drug Control (Dirección Nacional de Control de Drogas DNCD). The role of the DNCD is to oversee the implementation of the Dominican Republic's drug policy and enforcement of the drug law, including the investigation of violators of Law No. 50-88 and the preparation of their cases for prosecution (Art. 10.3). Under Art. 11 of the law, the DNCD is to be under the control of a board of directors, appointed by the President of the Republic, to be composed of representatives of the following institutions: the Presidency of the Republic; the armed forces or the national police; the State Secretariat of Public Health and Social Assistance; the State Secretariat of Foreign Relations, and the Catholic Church of the Dominican Republic. Article 12 of the law stipulates that the Department of Narcotic and Dangerous Drugs of the National Police is to be a dependency of the DNCD. Personnel of the DNCD are to be trained at the Drug Control Academy of the Dominican Republic (Academia de Control de Drogas de la República Dominicana) (Art. 13). Personnel of the DNCD, whether military, police or civilian, are to be supplied with identity cards and badges (carnets y placas) identifying them as such, and they may be issued with firearms (Arts. 15, 16).

A multi-disciplinary commission is to oversee the treatment and rehabilitation of persons who have been arrested for simple possession of illegal drugs and who are addicts or drug-dependent (adictos o fármacos-dependientes) (Arts. 53, 54).

Categories of offenders

In cases involving cocaine, possession of no more than one gram will be considered "simple possession"; possession of over one gram and less than five grams makes the possessor a "distributor"; possession of over five grams makes the person a "trafficker" (traficantes) (Art. 5).

In cases involving marijuana, the amounts determining the above-listed categories are 20 grams; over 20 grams and under one pound; and over one pound, respectively (Art. 6).

In cases involving hashish, the amounts determining the above-listed categories are five grams; over five grams and under one quarter pound; and over one quarter pound, respectively (Art. 6).

In cases involving LSD or any other hallucinogenic substance, as well as opium and its derivatives, people found in possession will be considered traffickers, regardless of the amount (Art. 7).

Possible Penalties

Please note that the following paragraphs do not constitute an exhaustive list of the possible penalties for violation of Law 50-88; they are presented to give an idea of some of the penalties that may be imposed under the law.

For bringing illegal drugs into the Dominican Republic for the purpose of international trafficking, five to 30 years imprisonment and a minimum fine of 250,000 Pesos (Art. 59).

If two or more people conspire to commit crimes under Law 50-88, each one of them may be subject to a prison term of three to 10 years and a minimum fine of 10,000 Pesos. The penalty is doubled for leaders of the conspiracy (Art. 60).

Those cultivating over one pound of marijuana seeds or over one quarter pound of other plants from which illegal drugs can be made are considered traffickers and may be sentenced to penalties ranging from five to 20 years imprisonment and a minimum fine of 50,000 Pesos (Art. 64). Penalties are reduced if the number of plants is less than 20, to a minimum of two years in prison and a fine of 2,000 Pesos (ibid.).

For "simple possession", a prison term of six months to two years and a fine of 1,500 to 2,500 Pesos (Art. 75).

"Distributors or sellers" are liable to prison terms of three to ten years and a fine of 10,000 to 50,000 Pesos (Art. 75).

"Sponsors" or "promoters" (patrocinadores) are liable to prison terms of 30 years and a minimum fine of 1,000,000 Pesos (Art. 75).

Property that is used for the cultivation, production, transport and storage of illegal drugs, as well as property and money obtained through "illicit traffic" of illegal drugs, may be confiscated (Arts 33, 34).

"Aggravating factors" to violations of Law 50-88 include the following (not an exhaustive list): the participation of organized criminal groups; use of firearms; use of minors to help commit the crime; when the perpetrator is a law enforcement official or a teacher; committing the crime within 25 metres of a school or university; recidivism (Art. 85).

Extradition

On 21 May 2001 an official at the Embassy of Germany in Ottawa stated that Germany does not have an extradition treaty with the Dominican Republic. The Research Directorate was not able to find information within time constraints on whether other European countries have extradition treaties with the Dominican Republic.

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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Dominican Republic. 1988. "Ley No 50-88". [From the Internet Website of the United Nations Office for Drug Control and Crime Prevention] [Accessed 5 May 2001]

Embassy of Germany, Ottawa. 21 May 2001. Correspondence.

Additional Sources Consulted

IRB databases

LEXIS/NEXIS

Letter and telephone call to the Embassy of the Dominican Republic in Ottawa.