Former TC judges say US air deal affects DR sovereignty

AlterEgo

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(We had several discussions about this awhile ago, this is from today's paper. Computer translated.)

Former TC judges say US air deal affects DR sovereignty​


ByPedro Castro
-
02/03/2021

Four former judges of the Constitutional Court expressed this morning their opposition to the "Agreement between the governments of the Dominican Republic and the United States of America, in relation to pre-authorization in air transport", because it affects sovereignty and violates the Constitution of the Republic.
They maintain that it is not being treated with the depth it deserves, despite the serious implications it would have for the supreme interest of our country.
Former Constitutional Court judges, Leyda Margarita Piña, Jottin Cury, Wilson Gómez and Katia Miguelina Jiménez, said that the truth about the aforementioned pre-check is that it is part of a United States program with the purpose of preventing terrorists, as well as of other threats to national security when entering North American territory, existing only in 6 countries of the world.
They indicate that immigration and customs agents of the United States in Dominican territory could apprehend and subject Dominicans to harassment in the national territory.
"There is no reciprocity in that agreement," Cury said.
He said that this agreement seeks to omit the fundamental objective of preauthorization as a national security policy of the United States and accentuate the questionable collateral benefits that said agreement would have for tourism, it has been the maneuver that has been used since then by different national sectors of the our country, to facilitate its approval.
They said that the modality that is intended to be established in the country's international airports, starting with the Punta Cana terminal, also known as pre-check or preclearance (in English), resurfaced during the recent evaluations of candidates for Constitutional Court judges before the Council National of the Magistracy.
«Allow the installation of pre-authorization areas in Dominican territory so that officials of the Customs and Border Protection Directorate (CBP) of the Department of Homeland Security of the United States Government authorize migration and customs processes in passenger air transport to enter that country, it violates articles 3 and 6 of the Dominican Constitution, as it implies the transfer of sovereignty, "they indicate.
They specify that this would mean an extension of the borders of the United States in the national territory. Furthermore, the agreement contradicts the precedent of the Constitutional Court set forth in Sentence TC / 0315/15 which reaffirmed the sovereignty of the Dominican authorities in accordance with articles 3 and 252 of the Basic Law.
They revealed that whose preventive control process is in the high court, since December 8, 2016 and due to an ethics issue, they could not speak on the subject.
The former judges maintain that the agreement has not been reported as subjecting travelers and their property to a second inspection upon arrival in the United States.


 

Russell

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Jun 17, 2017
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I am not educated in the Statutes of the RD Constitution and cannot with a substantial knowledge base state otherwise. However I can state that there are pre clearance positions in Canada for the USA and it works just fine, however there is no USA soverign domain at the Airports as there are at USA Embassies.
 
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cavok

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There's been pre-clearance in Nassau and Freeport for around 20 years. No problem there with the Bahamians. Besides, don't they already have it in Punta Cana? The horse is already out of the barn.
 

Yourmaninvegas

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Feb 16, 2016
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"Four former judges of the Constitutional Court expressed this morning their opposition to the "Agreement between the governments of the Dominican Republic and the United States of America, in relation to pre-authorization in air transport", because it affects sovereignty and violates the Constitution of the Republic."

And why should anyone care what they think about the issue ❓
File a friend of a court brief when a case is brought on the issue.
Otherwise...four former judges...tells me all I need to know about their opinion.
 
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Yourmaninvegas

I am here to protect and serve
Feb 16, 2016
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...however there is no USA soverign domain at the Airports as there are at USA Embassies.
It would be curious to know if the employees working the Pre check on behalf of the USA are holding diplo passports❓

If that were true...the pre-check areas are non-sovereign but the employees working within them would be untouchable by the DRGOV.
:unsure:.
And if you were a employee of the USA GOV why would you want to go head in naked while working in a foreign country❓
 
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SKY

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The Bahamas has had this operation for at least 30 years that I know of. My friend worked there. He is a US citizen, not married and the money was good for him. A lot of expenses were paid also. I would assume it will be the same here.
 

JD Jones

Moderator - Covid 19 in DR & North Coast
Jan 7, 2016
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The Bahamas has had this operation for at least 30 years that I know of. My friend worked there. He is a US citizen, not married and the money was good for him. A lot of expenses were paid also. I would assume it will be the same here.

Dealing with the public? No thanks. People who work in those jobs have the patience of a saint.