US embassy cable - 05SANTODOMINGO4567

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004567 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR WHA/CAR SEARBY, L/LEI FOR TAYLOR AND MUELLER) 
DEPARTMENT OF JUSTICE FOR CRIM/OIA (MAZUREK AND ORJALES) 
DHS FOR CARLOS ITURREGUI 
DEA FOR OF,OFI,DO,DCO 
DEPARTMENT PLEASE PASS US MARSHAL SERVICE CHRIS DUDLEY AND 
USAID 
 
E.O. 12958: N/A 
TAGS: PGOV, KCRM, KCOR 
SUBJECT: DOMINICAN ATTORNEY GENERAL PUSHES CAREER TRACK FOR 
PROSECUTORS SO AS TO WEED OUT INCOMPETENT POLITICOS 
 
 
1. (U) Summary. On September 28, General Secretaries of the 
three dominant political parties in the Dominican Republic 
met publicly to respond to Attorney General Francisco 
Dominguez Brito's draft document calling for political 
agreement on the implementation of a career track within the 
Public Prosecutor's Office of the Public Ministry (Ministry 
of Justice).  Party officials praised the plan, advocated by 
the UN Development Program (UNDP) country representative as 
necessary for the independent administration of justice and 
"true democracy." Embassy anticipates formal adoption of the 
document by the political parties, as well as Presidential 
promulgation of a rule governing the implementation of a 
career track for prosectors.  Hiring under the plan has 
already begun, as have examinations designed to remove 
unqualified attorneys from the prosecutorial ranks.  End 
summary. 
 
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A Commitment for Profound Change 
--------------------------------- 
 
2. (U) Continuing his efforts to increase professionalism 
within his ministry, Dominican Attorney General Francisco 
Dominguez Brito moderated a September 28 public panel 
designed to foment tri-partisan support for a recently 
introduced merit-based selection process for new prosecutors. 
 The General Secretaries of the Partido Revolucionario 
Dominicano (PRD), Partido Reformista Social Cristiano (PRSC), 
and the ruling Partido de la Liberacion Dominicana (PLD) 
participated. Cesar Pina Toribio, Legal Advisor to the 
Presidency, and Aura Fernandez, Director of the School of the 
Ministry of Public Works, also represented the government. 
Others lending their support to this initiative included UNDP 
resident representative Niki Fabiancic, coordinator of the 
"National Dialogue" Msgr. Agripino Nunez, USAID mission 
director Brineman, and representatives of UNICEF, the 
European Union, and the International Labor Organization. 
 
3. (SBU) The selection process and its philosophical 
underpinnings were detailed in a document described by 
Dominguez Brito as a "national commitment for the 
institutionalization of the Ministry of Justice."  Although 
Dominguez Brito subsequently told Poloff he was "under 
personal pressure for seeking these changes", cross-party 
support in this venue was emphatic. PRSC leader Victor Gomez 
Casanova stated his satisfaction with efforts to depoliticize 
the Justice Ministry and agreed that all political parties 
should refrain from designating employees for justice sector 
positions; PLD Secretary Reynaldo Pared Perez commended 
government officials for undertaking an important job, since 
"progress in the country requires a healthy justice system"; 
and PRD Secretary Orlando Jorge Mera said, "It is time for a 
commitment to take politics out of the Justice Ministry." 
They agreed that, had they seen the document before this 
meeting, they would have signed it on behalf of their 
parties. Dominguez Brito replied that simply with their 
presence they indicated a commitment for profound change. 
 
4.  (U) In a separate political process designed to increase 
the weight of the plan, an administrative ruling regarding 
the implementation of a career track in the Public Ministry 
is being further refined for presentation to President 
Fernandez.  An Executive Order adopting this ruling would 
involve the Presidency in merit-based hiring to such a degree 
that both career track employees and the plan itself would be 
more likely survive a change of administration. 
 
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The Plan in Action 
------------------ 
 
5. (U) While support of the parties will be critical, 
Dominguez Brito has already exercised his discretionary 
powers to shift to merit-based hiring of prosecutors. On 
September 27, 301 attorneys between the ages of 23 and 26 
took an examination administered by the School of the 
Ministry of Justice. The top 100 will be selected for a 
six-month training program.  Their employment will be 
confirmed only upon successful completion of this program (as 
evaluated with an exit examination).  While full statistics 
on this first class of 100 are not yet available, Dominguez 
Brito says that 63 percent of those participating are female 
and 17 percent are graduates with "high honors" from local 
universities. 
 
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Cutting out the Deadwood 
------------------------ 
 
6. (U) The shift to merit-based hiring is a complete break 
with past practice. Dominguez Brito has taken even bolder 
steps to move the AG's office toward a meritocracy. On April 
10, 2005, every prosecutor in the Dominican Republic took a 
competency examination mandated by the AG's office and 
administered by the School. On September 9 of this year the 
Ministry revealed that 167 of the 773 examinees (22 percent) 
had failed to demonstrate minimal competency and are 
accordingly scheduled for dismissal before January 2006. An 
additional 60 attorneys working as either judicial assistants 
or general legal assistants will be retested, as initial 
results for those individuals were judged to be inconclusive. 
 Those ultimately found to be qualified will be allowed to 
continue their employment with the Ministry. 
 
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Comment 
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7. (SBU) The public and widely reported support of the major 
parties appears to make formal approval of a switch to 
merit-based hiring of prosecutors all but a certainty. 
Dominguez Brito himself has commented that political 
interests do not feel served by a switch away from a 
patronage system.  The test of the institutionalization of 
this change will come in 2008, when we see whether it can 
survive into another administration -- either a second one of 
Fernandez or that of another head of state. 
 
KUBISKE