The International League Against Arbitrary Detention urges the Dominican Republic to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 46/2023 concerning Jean Alain Rodríguez Sánchez. The Dominican Government is called to immediately release him and accord him enforceable rights to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Jean Alain Rodríguez Sánchez (Dominican Republic): Opinion No. 46/2023.
ARBITRARILY ARRESTED AND DETAINED
Mr. Rodríguez Sánchez, born on July 19, 1975, is a national of the Dominican Republic. Notably, he worked as an Attorney General from 2016 to 2020. While working at this position, Mr. Rodríguez Sánchez notably carried out an investigation concerning briberies that certain officials related to different parties, including the one of the Government, would have taken from a Brazilian company.
On June 24, 2021, while waiting at the airport to take an international flight, Mr. Rodríguez Sánchez was informed that he was prohibited from leaving the country by order of the Attorney General’s Office. On June 28, 2021, Mr. Rodríguez Sánchez publicly complained about this situation, calling it persecution and stating that he had not been informed of any investigation against him. On the same day, his home and the ones of his family members were searched.
On June 29, 2021, Mr. Rodríguez Sánchez voluntarily decided to visit the Attorney General's Office to look for information about the situation. There, he was arrested and later transferred to Najayo Hombres correctional prison. As such, the source alleged this situation resulted from an attempt from State's officials to publicly discredit Mr. Rodríguez Sánchez. The Government was given the opportunity to challenge these allegations, which it did outside the allowed deadline.
First, apparently an arrest warrant had indeed been delivered against Mr. Rodríguez Sánchez prior to his arrest on June 29, 2021. Yet, at the time of his arrest, Mr. Rodríguez Sánchez was not presented with such a warrant, nor was informed of the reasons of his arrest. As such, the Working Group found this in violation of article 9(2) of the Covenant.
Besides, Mr. Rodríguez Sánchez could not challenge the legality of his detention in front of a judge until two weeks after his arrest, specifically on July 10, 2021. Hence, the Working Group considered his right to do so was violated, under article 9(4) of the Covenant. This situation also denied him his right to an effective remedy, which the Working Group found in violation of article 8 of the Universal Declaration of Human Rights and article 2(3) of the Covenant.
Therefore, the Working Group found that the arrest and detention of Mr. Rodríguez Sánchez lacked a legal basis, rendering his deprivation of liberty arbitrary under Category I.
VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL
First, both the State officials and the Prosecutor made several public statements to discredit Mr. Rodríguez Sánchez. Besides, Mr. Rodríguez Sánchez was always transported with strong military escorts from prison to court, which the source alleged was a way to present him as a dangerous criminal. Considering this, the Working Group found a violation of his right to presumption of innocence, under article 11(1) of the Universal Declaration of Human Rights and article 14(2) of the Covenant.
Moreover, Mr. Rodríguez Sánchez was held in pre-trial detention from July 13, 2021 onwards and for 18 months, without any assessment being carried out by the judicial authorities to determine this necessary. The Government argued such pre-trial detentions were legally possible in such complex cases involving organised crime against the State. While considering this response, the Working Group noted the Government did not explain the necessity of pre-trial detention in this case. As such, the Working Group reminded the exceptional character of such detention, highlighted that Mr. Rodríguez Sánchez's pre-trial detention had been excessively long, and thus concluded this situation violated article 9(3) of the Covenant.
Eventually, Mr. Rodríguez Sánchez and his defense lawyers were not allowed to present their case freely, since they were systematically interrupted by the prosecution. As such, the Working Group considered his right to defend himself was violated, under article 14(3) (b) of the Covenant. Besides, the judicial authorities in charge of his detention did not provide a remedy to these infractions, and refused to examine the allegations of arbitrary detention. Considering this, the Working Group found a violation of Mr. Rodríguez Sánchez's right to be heard by an impartial tribunal, under article 14(1) of the Covenant.
Thereby, considering the above, the Working Group considered that Mr. Rodríguez Sánchez's right to a fair trial was violated, under article 14 of the Covenant, and thus declared his detention arbitrary under category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the UN Working Group Against Arbitrary Detention concluded that the deprivation of liberty of Jean Alain Rodríguez Sánchez was arbitrary under arbitrary I and III, as contravening articles 3, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 2, 9, 10 and 14 of the International Covenant on Civil and Political Rights.
The Working Group requested the Government of the Dominican Republic to take the steps necessary to remedy the situation of Mr. Rodríguez Sánchez without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to immediately and unconditionally release him and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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