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DOMINICAN REPUBLIC
The Dominican Republic’s media did not face significant
restrictions in 2002 under President Hipólito Mejía. However, a bill designed
to bring the country’s press laws up to international standards and improve
access to information stalled again in the Senate.
The measure, which would amend the 1962 Law of Expression
and Dissemination of Thought, was reintroduced in the Chamber of Deputies
in late February and approved in March. President Mejía had first submitted
the bill in September 2000, and the Senate passed it in July 2001, but
the deadline for consideration in the Chamber of Deputies expired. In
2002, however, the measure originated in the Chamber of Deputies, which
approved the legislation and passed it to the Senate for consideration.
By year’s end, that chamber had not yet voted on the measure, which means
the bill might have to be resubmitted in 2003.
The bill addresses the right to free expression
guaranteed under Article 8 of the Dominican Constitution. Local press
organizations, newspaper executives, and legal experts proposed the new
bill, which outlines the conditions under which access to state-held information
should be granted. The bill does not, however, decriminalize defamation,
which is punishable by fines and up to six months in prison.
In April, the Dominican press reported that the
Colegio Dominicano de Periodistas (Dominican Association of Journalists,
or CDP) was drafting a bill to reform Law 10-91, which authorized the
group’s foundation. At the time, CDP president Oscar López Reyes was quoted
by the daily Hoy as saying that the CDP’s proposed bill does not
require journalists to register with the CDP to be able to practice journalism
in the country. However, the measure does force journalists to have a
university degree in journalism. (In a 1985 decision, the Costa Rica–based
Inter-American Court of Human Rights found that such mandatory licensing
laws violate the American Convention on Human Rights.)
In November, an appeals court annulled the sentences
of three men who were convicted in 2000 of the 1975 murder of journalist
Orlando Martínez Howley, on the grounds that procedural errors had been
committed during their trial. The appeals court ordered an immediate retrial
of the defendants. In August 2000, a judge sentenced retired air force
general Joaquín Pou Castro and two accomplices to 30 years in prison and
ordered them to pay a 5 million peso (US$300,000) fine for Martínez’s
murder. According to Martínez’s family and friends, the journalist was
killed because his reporting had angered then president Joaquín Balaguer.
Balaguer, who was subpoenaed in 2000 but refused to testify because of
his health, died in July 2002.
ýeanwhile, investigations into the May 1994 disappearance
of columnist and academic Narciso González remained stalled at year’s
end. González, a harsh critic of the Dominican government and the military,
“disappeared” after he publicly criticized the tainted elections that
brought Balaguer to power in 1992.
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