The non-partisan organization, Participacion Ciudadana, the Dominican chapter of Transparency International, has vehemently opposed a new policy adopted by the Supreme Court of Justice president Luis Henry Molina as a general rule. The policy calls for the removal or substitution of any information that could identify or make identifiable any natural person. Critics argue that this measure will effectively shield lawbreakers, especially corrupt officials, from public scrutiny, fostering impunity and further corruption.
The new policy, which overturns the principle of transparency as the norm and privacy as the exception, has raised significant concerns among civil society organizations and media outlets. It is firmly objected by the Society of Dominican Dailies (SDD).
Participacion Ciudadana states that the Dominican Constitution explicitly guarantees public trials as part of due process, not only to protect the accused but also to ensure transparency and public confidence in the justice system. This includes the identification of judges, prosecutors, lawyers, notaries, bailiffs, court clerks, and all related personnel, as well as the parties involved in the case.
Yet, the new policy restricts access to judicial records for third parties, including the media and the general public, contrary to the right to information and freedom of expression.
Participacion Ciudadana argues that any conflict between the right to information and the right to privacy should, as a general rule, be resolved in favor of transparency, especially when public officials or public interests are involved.
The new policy’s extensive list of anonymized personal data, including national identification numbers, is seen as a broad overreach that could impede investigations into serious crimes such as corruption, organized crime, human trafficking, money laundering, and gender-based violence. Critics fear that this policy could be used by judges to deny the public and the press access to vital information, undermining democratic principles and transparency.
Participacion Ciudadana has called on the Judiciary to revoke this policy, arguing that it undermines the efforts of countless individuals and organizations working to combat corruption and impunity in the Dominican Republic.
Diario Libre shares an editorial where initials instead of names are used as an example of how cases, including those of major corruption in government, would read.
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Participacion Ciudadana
Listin Diario
Diario Libre
Diario Libre
DR1 News
27 November 2024