Section 1. Respect for the Integrity of the Person, Including Freedom from:
d. Arbitrary Arrest or Detention
The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a criminal act or in other special circumstances but permits detention without charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported many detainees were taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.
ROLE OF THE POLICE AND SECURITY APPARATUS
The Ministry of Interior and Police oversees the National Police, Tourist Police, and Metro Police. The Ministry of Armed Forces directs the military, Airport Security Authority and Civil Aviation, Port Security Authority, and Border Security Corps. The National Department of Intelligence and the National Drug Control Directorate, which have personnel from both police and armed forces, report directly to the president.
Civilian authorities at times did not maintain effective control over security forces, including police and military forces. The government has effective mechanisms to investigate and punish abuses; however, the NHRC alleged security forces sometimes act with impunity.
The Internal Affairs Unit investigates charges of gross misconduct by members of the National Police. These cases involved physical or verbal aggression, threats, improper use of a firearm, muggings, and theft. Police officers found to have acted outside of established police procedures were fired or prosecuted.
Training for military and the National Drug Control Directorate enlisted personnel and officers and the National Police included instruction on human rights. The Ministry of the Armed Forces provided human rights training or orientation to officers of various ranks as well as to civilians during the year. The Border Security Corps conducted mandatory human rights training at its training facilities for border officers. The Graduate School of Human Rights and International Humanitarian Rights trained civilians and armed forces personnel. The school also had programs in which members of the armed forces and civilians from the Supreme Court, congress, district attorney offices, government ministries, National Police, and Central Electoral Board participated.
In October 2017 the National Police announced that officers and recruits applying to join the police force who were suspected of corruption would be required to take polygraph tests. In June the chief of the National Police said 1,416 officers had been removed from the force during his first 10 months in office after internal affairs investigations found they had committed misconduct. In September the National Police warned commanding officers that if they did not declare their financial assets as required by law, they could lose their commands.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. The law also permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as in cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest, but these provisions were rarely used in cases involving foreigners.
The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The National Office of Public Defense represented 71 percent of the criminal cases brought before the courts as of August, covering 28 of 34 judicial districts. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, which the law prohibits by or in the presence of police.
Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these operations police arrested large numbers of residents and seized personal property allegedly used in criminal activity.
Pretrial Detention: Many suspects endured long pretrial detention. Under the criminal procedures code, a judge may order detention to be between three and 18 months. According to the Directorate of Prisons, as of October, 60 percent of inmates were in pretrial custody. The average pretrial detention time was three months, but there were reports of cases of pretrial detention lasting up to three years, including three foreign citizens held in pretrial detention since 2015 (two of whom were granted bail in September). Time served in pretrial detention counted toward completing a sentence.
The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court or because their lawyer, codefendants, interpreters, or witnesses did not appear. Despite additional protections for defendants in the criminal procedures code, in some cases authorities held inmates beyond the legally mandated deadlines even when there were no formal charges against them.
e. Denial of Fair Public Trial
The law provides for an independent judiciary; however, the government did not respect judicial independence and impartiality. Improper influence on judicial decisions was widespread. Interference ranged from selective prosecution to dismissal of cases amid allegations of bribery or undue political pressure. The judiciary routinely dismissed high-level corruption cases. Corruption of the judiciary was also a serious problem. The National Office of Public Defense reported the most frequent form of interference with judicial orders occurred when authorities refused to abide by writs of habeas corpus to free detainees.
The Office of the Inspector of Tribunals, which disciplines judges and handles complaints of negligence, misconduct, and corruption, increased its technical training beginning in 2016, and as a result it opened more investigations. As of September the office had completed more than 700 inspections and investigations, more than triple the number completed in 2015. In April the Judicial Council approved revised, more stringent disciplinary regulations for judges. In June judicial authorities stated that in the past two years seven judges had been suspended, 10 demoted, and 15 expelled. Authorities also reprimanded or suspended 92 administrators, expelled 117, and were pursuing another 254 cases.
The law provides for the right to a defense in a fair and public trial; however, the judiciary did not always enforce this right.
The District Attorney’s Office is required to notify the defendant and attorney of criminal charges. The law provides for a presumption of innocence, the right to confront or question witnesses, and the right against self-incrimination. Defendants have the right to be present at their trial and consult with an attorney in a timely manner, and the indigent have a right to a public defender. Defendants have the right to present their own witnesses and evidence. The law provides for free interpretation as necessary. The constitution also provides for the right to appeal and prohibits higher courts from increasing the sentences of lower courts. The courts frequently exceeded the period of time provided by the criminal procedures code when assigning hearing dates.
Military and police tribunals share jurisdiction over cases involving members of the security forces. Military tribunals have jurisdiction over cases involving violations of internal rules and regulations. Civilian criminal courts handle cases of killings and other serious crimes allegedly committed by members of the security forces.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There are separate court systems for claims under criminal law, commercial and civil law, and labor law. Commercial and civil courts reportedly suffered lengthy delays in adjudicating cases, although their decisions were generally enforced. As in criminal courts, undue political or economic influence in civil court decisions remained a problem.
Citizens have recourse to file an amparo, an action to seek redress of any violation of a constitutional right, including violations of human rights protected by the constitution. This remedy was used infrequently and only by those with sophisticated legal counsel.
Section 7. Worker Rights
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment with fines for persons convicted of forced labor. Such penalties were sufficiently stringent to deter abuses.
The government reported it received no forced labor complaints during the year.
Haitian workers’ lack of documentation and legal status in the country made them vulnerable to forced labor. Dozens of sugarcane workers protested in front of the Haitian embassy in Santo Domingo early in September to demand documentation from their government. Although specific data on the problem were limited, Haitian nationals reportedly experienced forced labor in the service, construction, and agricultural sectors. Many of the 240,000 mostly Haitian irregular migrants who received temporary (one- or two-year) residency through the Regularization Plan for Foreigners worked in these sectors. In 2015 and 2016, the government created the regulatory framework to include documented migrants in the national social security network, including disability, health-care, and retirement benefits. As of November the government had enrolled 28,500 migrants in the social security network; more than 90 percent had registered under the regularization plan.
Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation.
The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to LGBTI persons, especially transgender persons; against HIV/AIDS-positive persons; and against persons with disabilities, persons of darker skin color, and women (see section 6). For example, the ILO noted its concern regarding sexual harassment in the workplace and urged the government to take specific steps to address existing social and cultural stereotypes contributing to discrimination. Discrimination against Haitian migrant workers and Dominicans of Haitian descent occurred across sectors. Haitians earned, on average, 60 percent of the amount a Dominican worker received in wages. Many Haitian irregular migrants did not have full access to benefits, including social security and health care (see sections 7.b. and 7.e.).