Dominican Republic: Information on the process for reporting a crime to the police, including whether the person who reports the crime receives a copy of the report; information on the process for obtaining a copy of the statement, including from abroad, or information on the statement if no copy of it exists (2012-July 2013) [DOM104493.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Lawyers indicate that there are two ways of reporting a crime in the Dominican Republic: a denunciation (denuncia ) and a complaint (querella ) (Lawyer with Campagna 2 July 2013; Lawyer with Chami Isa 2 July 2013). The same sources explained that an denunciation is made to report a criminal act witnessed by a person, and a complaint is a formal charge against another person (ibid.; Lawyer with Campagna 2 July 2013).

These steps can be completed in an office of the attorney general (fiscalía ) (Dominican Republic n.d.a) or at the police station nearest to the complainant or witness (ibid. n.d.b; Lawyer with Campagna 2 July 2013). These procedures must be undertaken in person (Dominican Republic n.d.a; Lawyer with Campagna 2 Jul.2013).

During a telephone interview with the Research Directorate, a lawyer with Campagna, a legal firm in Santo Domingo that specializes in criminal, civil and commercial law (US n.d.), explained that

[translation]

[th]e complainant or witness receives a copy of his statement. He can obtain an additional copy by reporting to the office where he made his statement. When he does so, he needs to provide such information as the number of the statement (preferably), the date of the statement, and the name of the person who is charged in the case. Someone else may obtain the copy, upon presentation of a notarized power of attorney (Lawyer with Campagna 2 July 2013).

In correspondence sent to the Research Directorate, a lawyer with Chami Isa, a law firm in Santo Domingo specializing in criminal, commercial and family law (US n.d.), indicated the same thing, but said that someone else may obtain a copy of the statement even if that person did not have a power of attorney (Lawyer with Chami Isa 2 July 2013).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Dominican Republic. N.d.a. Policía Nacional. " Denuncias " . <http://www.policianacional.gob.do/v2/Principal/static/20100901-Denuncias.ashx> [Accessed: July 2, 2013]

_____. N.d.b. Portal del Estado Dominicano. " Denuncias y querellas de la ciudadanía " . <http://www.gob.do/Servicios/Detalles/1f4e78d4-120b-e111-9658-001d092f0b84> [Accessed: July 2, 2013]

Lawyer, Abogados Campagna Estudio Legal , Santo Domingo. July 2, 2013. Written communication sent to the Research Directorate.

Lawyer, Chami Isa Oficina de Abogados , Santo Domingo. July 2, 2013. Written communication sent to the Research Directorate.

United States (US). N.d. American Embassy in Santo Domingo, Dominican Republic. "List of Attorneys". <http://photos.state.gov/libraries/dominicanrepublic/66631/acs/attorneys.pdf> [Accessed: July 2, 2013]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the Office of the Attorney General and the National Police of the Dominical Republic were unsuccessful.

Representatives of the Embassy of the Dominican Public in Ottawa and of the Colegio de Abogados de la República Dominicana could not provide information.

Websites, including: Acento; Despertar Dominicano; Hechos de Hoy; Hoy Digital ; Human Rights Watch; Dominican Republic – Comisión Nacional de los Derechos Humanos, Poder Judicial, Policía Nacional, Procuraduría General de la República ; United Nations – Refworld; Universidad Autónoma de Santo Domingo .