Last week the first Latin American and Caribbean Congress of the Latin American Federation of Prosecutors -FLF- was held in the country, which had as its central theme “The Independence and Security of Prosecutors in the Fight Against Organized Crime”. The congress brought together different prosecutors from the Latin American and Caribbean region, judges, lawyers and civil society, in order to share experiences that seek to strengthen their functional independence and personal security.
The Latin American Federation of Prosecutors is an association made up of associations of prosecutors from most Latin American countries; was born in 2015 in Rio de Janeiro, Brazil, for the defense of the principles that govern the public ministry at regional level: principle of legality, objective action, rights and freedoms enshrined in the International Covenants. It is aimed to guarantee, practice and defend the absolute autonomy of the Public Prosecutor’s Office with respect to other branches of the State, political parties, unions, interest groups or pressure factors, as well as to promote and defend the immobility, stability and duration of their charges in as much as they maintain a good conduct.
Undoubtedly, the strengthening of the functional independence of the public ministry becomes prevailing in any Democratic and Law State. The Public Ministry is the body of the justice system responsible for the formulation and implementation of the State’s policy against crime, directs the criminal investigation and exercises public criminal action on behalf of society. It is therefore a key player in the justice system for the prosecution and litigation of crimes committed in any society against any human being.
Quickly looking at the history of the Dominican public ministry from 2003 up to date, we can note that as a country we have made great progress in the institutional strengthening of this figure: the creation of the National School of the Public Ministry as a house of study and preparation for prosecutors of career, the selection of the first 100 applicants for career inspectors by opposition contest (of which I was proudly part of), the internal evaluations of the Public Ministry as a way of strengthening their capacities or disassociate them, if needed, as well as the other subsequent opposition contests for the entry of new members.
In the same way, the prosecutor’s office management model implemented and put into practice in many dependencies of the country has served as a vehicle for improving the organization and efficiency of the prosecutor’s work; the adoption of the Organic Law of the Public Ministry No. 133-11 established its principles, nature, career, promotions, specialized prosecutors, the superior council of the public ministry as the highest body of the institution for making important decisions, among others.
It is good to recognize all this in order to continue working on its independence and institutional strengthening. A career public ministry means precisely what the Latin American Federation of Prosecutors pursues: to defend the absolute autonomy of the Public Ministry with respect to other branches of the State and, above all, political parties. President Luis Abinader has pointed to that independence of the public ministry that, although the career already existed since 2004, an essential point is missing, which he has mentioned on several occasions to eliminate to consolidate the career: the appointment of the Attorney General of the Republic by the President of the Republic. Let’s hope to see that reality.
An association of prosecutors, comes to further strengthen its objective and its mission, since it is a union of individuals or entities that pursue a common goal, their functional independence, but also everything that implies a position of this nature: fair wages, personal and family security, health plans, pensions, among others.
In the country there are currently 2 associations that bring together career prosecutors: the Dominican Association of Career Prosecutors -ADOFIC- and the Association of Dominican Prosecutors -FISCALDOM-, the latter being the promoter of the meeting of the Latin American Federation of Prosecutors -FLF – in the country, and of which I am part of as an honorary advisor.
The issues discussed during the congress were of great interest to the members of the public ministry present, both for strengthening their institutionality and independence and for improving their daily functions. The debates generated were intended to the analysis of the reality that the prosecutor lives daily in their functions, the shortcomings and challenges that are faces on a day-to-day basis according to the experience of each country present, which served as feedback and reference to the others.
The fight against organized crime requires an arduous, proactive and effective investigation in order to collect the appropriate evidence to support the case in court; Carrying out an investigation with time, dedication, objectivity, and caution is key to achieving the required results. At the meeting they shared how some prosecutors in the region have seen their personal security affected by carrying out the investigation and subjugation of the perpetrators of organized crime, some losing their lives or that of their families. The public ministry needs constant, efficient and real security.
I liked seeing in the meeting the receptive manner of each prosecutor present in the search to improve her functions; also the way in which, through international experience, they shared challenges and solutions in the face of the reality that each country faces. The union in the fight for the respect of their rights and the commitment to do a decent job, according to their functions, was evident.
I congratulate FISCALDOM for such a great event and its constant fight for its union; the unity and teamwork was reflected on each day of the event. I confess I would have liked to see the attendance of more prosecutors from the country present because it was a very important event, and spaces like these should not be missed. However, I am satisfied with the way in which FISCALDOM has consolidated itself as an association in the country, by promoting the commitment of its colleagues at the national level but also at the international level in its defense as an institution; as they themselves said, behind a prosecutor there are many more prosecutors.
Bravo!
Sonia Hernández is a criminal lawyer, former prosecutor of the Santo Domingo Province. She has a master’s degree in Fundamental Rights from the Carlos III University of Madrid and a specialty in Criminal Procedure Law from the Autonomous University of Santo Domingo. She is currently a practicing lawyer and expert consultant on human trafficking for the International Justice Mission, Dominican Republic (IJM).
