Is Police Law constitutional? Think tank, prominent jurist disagree
Santo Domingo.- The Institutionalismand Justice Foundation (Finjus) and a prominent jurist disagree on the constitutionalityof the National Police Statutory Law recently passed by Congress and which presidentDanilo Medina is expected to sing into law.
Finjus vice president Servio Tulio Castaños called the NationalPolice legislation a milestone for the country because in his view, is among theState’s best efforts to respond to "the serious situation caused by insecurity."
"The claim of unconstitutionality regarding the NationalPolice statutory law is unfounded because it precisely provides a few channelsand limitations to protect the police as an institution against the executivebranch itself," Castaños said in a statement.
But for the jurist Candido Simó the new law is unconstitutionalin at least five of its provisions.
Among his claim of unconstitutionality figure the retirementof the current generals established in the new law, which in his view, affectstheir security as citizens.
He also notes the requirement of from four to seven years –insteadof three- to qualify for promotion of rank. “It’s irrational because to go fromprivate to general would imply as long as 70 years.”
He added that 25 years of permanent service as a minimum toqualify for director also violates the Constitution.