(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
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.