Need for Legal Aid

Pamelita

New member
Jan 13, 2004
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My dominican brother-in-law has been held in prison since last summer with no conviction or release. His family paid as much as they could to a lawyer with no result and now that the money has run out, so has the lawyer. As a Canadian I am shocked that nothing can be done to clarify the situation. Is there a system for legal aid awarded to those who cannot afford representation in the Dominican? Is there a law in the Dominican Republic about keeping a man imprisoned without conviction? I would greatly appreciate any links or information regarding this matter.

Thank-you.
 

Oche

Member
Jan 6, 2004
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One of our major problems in our judicial penal system is the over population of jails, mostly recluses which process are just on the initial stage and probably have not appeared before court. Yes there is legal aid, but as far as i know, the appointing of a public defender by the dominican state can only take place in the initial stage of the penal procedure (aprehension, prevention and investigation phase), however, the representant or relative of the recluse should insist directly through the respective court secretariate handling the process, in requesting an appointment of a public defender for the matter.
 

Hillbilly

Moderator
Jan 1, 2002
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It is a sad case but

80+% of all prisoners in the Dominican jails are there without any conviction!! Yes they are! They are under "Preventive Custody"

Students have found people in jail for 20 years without a conviction. Some people are just forgotten...

HB
 

Tony C

Silver
Jan 1, 2002
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www.sfmreport.com
Hate to say it but before anybody renders any type of assistance to this case I think it would be wise to see what he is being held for.

Pamelita perhaps you can shed more light on the subject?

If it is Drugs, Sexual acts on a minor or a crime against a Gov. Official just walk away.
 

Pamelita

New member
Jan 13, 2004
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Need for legal aid continued...

Thank-you for your responses to my inquirey.

My brother in law was accused of theft, but the man who made the accusation changed his story from when he initially spoke to the police and then when discussing it later. Also, my brother in law had an alibi on the night in question, as he was working and then went straight home. Apparently the person who made the accusation is quite wealthy (my family is not) and harbours personal malice against my brother in law.

I was informed after I wrote this post that I was in error about the lawyer's reason for abandoning the case (after taking all the money my family had put together to pay him) He said he could no longer continue with the case because he had received threats towards his safety and the safety of his family. There is some question as to whether or not this is true, another theory is that he was bought off by the man who made the accusation.

I read the U.S. Department of State report on the Dominican Republic and I realize that this sort of thing (being held without conviction) is very common, however I, in all my Canadian optimism, believe that since it is in violation of Dominican policy there must be a way to try and remedy it. And thus my post.

Oche mentioned a public defender appointed by the courts, does anyone know any contact numbers to try and set this up? Or an NGO that that could point me in the right direction? I am also fearful that if we push too hard in the wrong way we could made things worse for my brother in law in the prison.

Thank-you once again for any advice or numbers you could provide.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Most law schools have legal aid programs for the poor. In Santiago, for example, PCUMM (the Catholic University) had a legal aid office on Calle San Luis. I don't know where it is located now but I do know they have one.
 

Hillbilly

Moderator
Jan 1, 2002
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Thank you Fabio!

I was just going to mention that. The PUCMM in Santo Dmingo has a Law School so, therefore, they must have a legal aid office serving Santo Domingo...

Try www.pucmm.edu.do and see if you can get in touch with Dr. Fabio Espinal, the dean...

I have heard real horror storries from my students about what they encounter during their legal aid work...

As for you case? Well, no opinion...he said she said...

HB