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Dominican Republic and Haiti: Country Studies

by Helen Chapin Metz et al

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<strong>Dominican</strong> <strong>Republic</strong>: National Security<br />

an investigative body <strong>and</strong>, unlike the police, generally does not<br />

have arrest authority. The functions of the DNI are closely<br />

coordinated with those of the armed forces intelligence units,<br />

often<br />

as well as with the functions of the police. The DNI is<br />

comm<strong>and</strong>ed by a retired military general.<br />

Approximately half of all police personnel are stationed in<br />

the capital area, both because Santo Domingo is by far the<br />

nation's largest city <strong>and</strong> because police headquarters, as well as<br />

several special police units, are located there. Among the special<br />

units garrisoned in the capital is a paramilitary Special<br />

Operations battalion with some 1,000 personnel armed with<br />

teargas <strong>and</strong> shotguns. The unit is used for riot control in Santo<br />

Domingo, although elements also can be deployed rapidly to<br />

any section of the country. Other specialized police units<br />

include a special Bank Guard Corps <strong>and</strong> a Sappers Corps that<br />

performs firefighting <strong>and</strong> civil defense duties.<br />

The public image of the police has improved since the<br />

1970s, but excesses on the part of police personnel, including<br />

beatings of suspects, continue to spark controversy. The government<br />

has adopted several measures to monitor police<br />

behavior <strong>and</strong> has taken corrective steps, but complaints about<br />

such abuses continue to surface (see Respect for Human<br />

Rights, this ch.).<br />

Criminal Justice System<br />

The <strong>Dominican</strong> criminal justice system is basically an inquisitorial<br />

arrangement in which a court <strong>and</strong> its staff take general<br />

charge of a criminal case, <strong>and</strong> the judge gathers evidence to<br />

supplement that produced by the prosecution <strong>and</strong> the defense.<br />

Evidence is largely committed to writing, <strong>and</strong> the final stage of<br />

the proceedings consists of the judge's examining all the combined<br />

written material <strong>and</strong> then deciding whether he or she is<br />

convinced, beyond doubt, of the guilt of the accused. The<br />

criminal courts do not, therefore, operate under a system of<br />

trial by jury.<br />

The 1966 constitution guarantees several basic legal rights to<br />

all citizens. These include the rights of due process, public<br />

trial, <strong>and</strong> habeas corpus protection. An accused person is also<br />

guaranteed protection against double jeopardy <strong>and</strong> self-incrimination.<br />

A written order from a competent judicial authority is<br />

required if any person is to be detained more than forty-eight<br />

hours or if an individual's home or property is to be searched.<br />

Security forces have frequently violated these provisions by<br />

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