Two unconstitutionality actions were filed on Monday, 22 January 2023, claiming the newly created National Intelligence Agency (DNI) damages the fundamental rights of citizens. The DNI was created by Law 1-24, the first passed in January 2024.
Christian Action and the Women in Defense of Life and Family Forum and the president of the Generation of Servers party, headed by Carlos Peña, were the first to file the action of unconstitutionality against Law 1-24 before the Constitutional Court of the Dominican Republic.
The groups demand that Law 1-24, which creates a new framework for the management of intelligence agencies in the country, be declared unconstitutional or repealed and, failing that, that an amendment be issued to eliminate the articles 9, 11 and 26.
Interviewed on El Despertador, legal advisor to President Luis Abinader, lawyer Antoliano Peralta said the new department was created to deter terrorism, drug trafficking and arms trafficking.
Former President Leonel Fernandez has joined those who have said they will take the formation of the DNI to the Constitutional Court. Nevertheless, legislators of his party voted in majority in favor of the bill. Fernandez’s son, Omar Fernandez, is a deputy in the Chamber of Deputies. Omar Fernandez has not been available for commentary, reporting he was hospitalized after being intoxicated from food.
Meanwhile, Persio Maldonado, executive editor of El Nuevo Dario and president of the Dominican Society of Dailies (SDD), is optimistic the changes needed to ensure freedom of press and citizens’ rights can be incorporated in the ruling of Law 1-24 that still needs to be drafted for the law to go into effect.
Members of the SDD are meeting with government officers to suggest amendments to the law. Maldionado says the main concern is the ambiguities in the law that could result in abuses. Members of the SDD met with the legal advisor to the President Antoliano Peralta and the director of the National Department of Investigations (DNI), Luis Soto. Also attending the meeting for the SDD were its president Persio Maldonado (El Nuevo Diario), Anibal de Castro (Diario Libre) and Manuel Tapia Lopez, legal advisor.
The president of the Dominican Association of Journalists (CD), Aurelio Henriquez, also favors that the Executive Branch define in the ruling all the ambiguities that have been left in several articles of the Law 1-24 to guarantee freedom of expression for Dominicans.
The law was passed with a majority vote that included legislators for opposition parties that now are vocal expressing their opposition.
President Luis Abinader urges that politics be removed from the discussions of the recently passed law.
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23 January 2024