2005News

Democracy and extradition

The recent case of the extradition of Quirino Paulino Castillo, accused in the DR and the US of drug trafficking, aroused some nationalistic feeling among several commentators. Lawyer Roberto Alvarez has taken exception to their statements in his opt-ed piece in the El Caribe.

Alvarez argues that in a pluralist, democratic society it is widely accepted that there are no unique or particular ethics, religions or laities, and Dominicans now know that there is no “party vanguard” anointed to read historic events and interpret them because the anointed one possesses “the science of History” such as preached by Marxists. At the same time it is also true that a consensus exists on the minimum of shared values that compose a democratic ethic. Alvarez says that in such a society, roles and the rules of behavior associated with these roles is more or less clear. The President of the Republic, democratically elected, is responsible for seeing that laws are obeyed. The Congress, elected the same way, has the faculty to write laws that citizens should obey, and the Judicial Branch carries the responsibility of judging the conduct of persons that violate the law. Alvarez points out that these three bodies constitute what is known as the State of Law. However, according to the lawyer, real liberal democracy requires a consensus based on a few minimum assumptions: The appreciation and respect of the citizens for the basic institutions that make up the State, as well as the respect for a dialogue among all speakers. If newspapermen that enjoy a position of social authority use the media to ridicule the weak institutions of the State of Law, and insult its spokespersons because they happen to be in disagreement with what they are saying, they are undermining democracy, since mutual tolerance is basic to the democratic system. Radhames Gomez Pepin as well as Juan Taveras Hernandez (El Nacional, 20/2/05) are guilty of such insensitive actions. And the first, moreover, did not print the truth in his column. Both have accused the Supreme Court and even the President of selling the Dominican Republic to the United States of America, because of judicial decisions. Gomez Pepin insults readers who are in favor of the extradition process, calling them “anti-Dominicans”. Moreover, he incurs in falsehoods such as the rumor that “The United States has not fulfilled nor is able to fulfill (the extradition process) because their laws expressly and wisely prohibit this.” Alvarez says that readers must know that the truth is that the United States frequently extradites its citizens. Extradition is so quick these days that the European Union has adopted an expedited system called “A European Order of Detention.” This simplifies the whole process. In a globalized world, nationality and universality are prevailing over territoriality with regards to extradition proceedings. Japan, the prototype nationalist nation, hands its nationals over to the US and visa-versa, as do Colombia, Mexico and the rest of the Western nations. Contrary to what Gomez Pepin said, that with the decision to extradite Quirino Paulino Castillo, the Dominican Republic “has lowered its pants once again”, what should happen is a more profound and widespread fight against organized crime, with everybody stripped naked.

See: http://www.elcaribecdn.com/articulo_caribe.aspx?id=…