Constitutional Court rules only the president can dismiss police officers

Santo Domingo.- The Dominican Republic’s Constitutional Court ruled that only the President of the Republic has the authority to dismiss members of the National Police for very serious offenses. This decision came after reviewing the case of Luis Cuello Alberto and Domingo de los Santos Vargas, who were dismissed for allegedly attempting to extort a DEA agent and a U.S. national for $10,000. The court found that the dismissal was executed improperly, as the required presidential decree was not present.

The court emphasized that, despite the officers’ right to defense being upheld during the investigation, the National Police erred in the procedure by bypassing the President’s authority. As a result, the court ordered the reinstatement of the officers, considering it a violation of administrative due process and the Organic Law of the National Police.

The ruling mandates the reinstatement of the plaintiffs to their previous ranks with all rights, including back pay for lost salaries. The National Police and the Administrative Attorney General’s Office had argued against reinstatement, citing the officers’ serious offenses and compliance with due process. However, the Constitutional Court upheld the appeal, recognizing the procedural missteps in the officers’ dismissal.