Constitutional Tribunal warns the Police and the Armada of the Dominican Republic about forced retirements
SANTO DOMINGO. The Constitutional Tribunal (TC) warned the National Police that submitting a person to criminal processes or disciplinary processes is and even worse twice convicting the person for the same incident constitutes an act of arbitrariness and an injustice that is intolerable in a democratic and social state of law.
With regard to the Dominican Armada they said that Law Num. 873 – 78 the Organic Law of the Armed Forces is clear with respect to the requirements for retiring one of its members.
By sentence TC/0375/14, the court confirmed the decision Num. 122 – 2013 dictated by the 2nd Chamber of the Superior Administrative Tribunal, on 1 May 2013, which orders the Chief of the National Police to restore Ramon Antonio Rodriguez to the rank of sergeant major with all his attributes and rights acquired.
The court said that the negative by the police institution to integrate Rodriguez, in spite of having been previously punished, constitutes an arbitrary measure which has as a consequence a violation of the right to work and his honor.
The high court suggests that the fact that he was fired after having been punished which consisted in his detainment for 30 days of prison, constitutes a violation of the constitutional principle non bis in idem, according to which a person cannot be judged or convicted twice for the same incident.
“Said principal constitutes one of the guarantees of due process and it is foreseen in article 69.5 of the Constitution, which says that no person can be judged twice for the same cause.”
The National Police stated in a request of an appeal to review, which was handed down in favor of the plaintiff that Rodriguez was dismissed as a sergeant major for alleged serious crimes committed in the exercise of his functions.
“That (….) such a decision by the authority of the then President of the Republic was carried out because the person appealing today spent his time calling drug sales points to advise them when in operation against drug distributors was going to take place in the area of Los Alcarrizos.”
To the Dominican Armada
In the sentence TCAs/0367/14, the court ordered the return to duty of Huascar Miguel de Peña Lizardo to his position as a full Colonel in the Dominican Armada (formally the Navy) as well as the payment for all salaries due.
The high court established a penalty of RD $5000 per day for each day of delay in compliance with this sentence.
The TC said that in spite of the fact that the Organic Law of the Armed Forces is clear with respect to the requirements to retire one of its members, the Dominican Armada (formally the Navy) has not presented proof which would justify the retirement of de Peña Lizardo from his position, limiting itself to argue that it was done forcefully.
The court said that it is important to indicate that besides not complying with the required requisites, there is no evidence in the case file of the decree which, according to Article 128 of the Constitution and Articles 214 and 215 of the Law Num. 873 – 78, the Executive Power must dictate ordering the retirement or dismissal of a member of the military institutions.
“As can be observed, the retirement that we are studying was carried out in violation of the regulations which control this area, so that on appeal of article 253 of the Constitution the court proceeds to order the return of Mister Huascar Miguel de Peña Lizardo to his rank of Colonel (Capitan de Navío)in the institution of reference.”
Category: DR News |