As the debate in the Dominican Republic over legal reforms and the selection of a new Attorney General continues, the independence of the Public Ministry – which is tasked with upholding human rights – has to be non-negotiable and real.
Despite Miriam Germán Brito announcing that August 16th would be her last day as Attorney General of the Dominican Republic, President Luis Abinader has asked her to remain in office until a replacement is found. This request has sparked widespread speculation about her potential successor and the process for selecting the new Attorney General.
The Dominican Republic is among the few democracies in the world where the President has the unilateral power to name the Attorney General. However, the Executive Branch has recently proposed delegating this selection process to the National Council of the Judiciary (CNM) to “consolidate the independence” of the Public Ministry, prompting criticism from some corners. Former President Leonel Fernández, for one, asked: “Is it possible to consolidate and reinforce what does not exist?“
Whoever is chosen as the next Attorney General will face the significant task of rebuilding public trust in a Public Ministry marred by what one official called “corruption, sabotage, and conspiracy,” as well as what international civil society groups have documented as wholesale abuse of human rights in the Dominican justice system.
Questions of “Independence” of the Public Ministry
Last November, an investigation by the U.N. Working Group on Arbitrary Detention (WGAD) concluded that the Public Ministry cannot be considered “independent and impartial” as it has refused to examine, discuss, and address allegations of arbitrary detention.
These concerns were further reinforced in February when a judge faced harassment and persecution from members of the Public Ministry due to their role in an investigation. Germán condemned these actions but proposed an internal investigation rather than an independent probe. This past August, Germán publicly voiced her disapproval of numerous well-documented human rights violations by the Public Ministry, lambasting its overt use of preventive detention.
Yet Germán also revealed her “discontent” that she often learns about announcements from the Public Ministry through the media, indicating that she is not consulted on actions taken in her name. She suggested that such announcements included a lengthy press release issued in the name of her office that threatened critics of the Public Ministry with retaliation.
Dismal Human Rights Track Record
The DR is currently among the top countries in the world for the use of preventive detention, alongside nations such as the Central African Republic and Gabon. The Public Ministry’s abuse of preventive detention accounted for 98% of all proposed coercive measures in the first four months of 2024.
Preventive detention has led to a drastic surge in the inmate population in the DR, pushing the total number of inmates to over 26,000. The penitentiary system, however, is only designed to hold 12,000 inmates, leading to severe overcrowding.
As a result of severe overcrowding, the Dominican penitentiary system has become a hotspot for serious human rights violations, including denial of medical care, physical abuse of inmates, and a lack of basic necessities. The Dominican Republic’s National Public Defense Office (ONDP) recently joined international human rights monitors, such as the Inter-American Commission on Human Rights (IACHR), the U.S. State Department, Amnesty International, and the WGAD, in condemning these violations within the Dominican justice system.
USAID Funding Ignores Human Rights Violations
Despite increasing concerns regarding the “independence” of the Public Ministry and a series of scathing criticisms from human rights organizations directed at the Dominican Republic government, Samantha Power, Administrator for the United States Agency for International Development (USAID), announced an additional $45 million in funding during her recent visit to the country. This funding is designated for initiatives that aim to promote “human rights, health, climate change mitigation, disaster preparedness, and economic growth.” But there are no contingencies attached to the funding which require the Dominican government to take steps to end human rights abuses being documented annually by the State Department, nor hold officials responsible for human rights violations accountable for their actions.
It is imperative that the next Attorney General of the DR works tirelessly to ensure that the Public Ministry becomes an independent entity free from political influences that reverses its abysmal and widely condemned human rights record.