Judge to rule on El Faro Latino’s appeal for protection against the JCE

Santo Domingo, D.R.: Judge Román Arturo Berroa Hiciano, president of the Fourth Chamber of the Superior Administrative Court (TSA), has reserved his ruling on the habeas data petition filed by the newspaper El Faro againstthe Central Electoral Board (JCE) for its repeated refusal to release public information regarding expenditures for the 2024 Dominican elections abroad.

During an in-person hearing held on April 9, the legal representatives of the JCE requested an extension to submit the required documentation. El Faro Latino’s attorney, Dr. Fanny del Castillo, did not oppose the request, and the judge scheduled a new hearing for May 28, 2024.

At today’s virtual hearing (May 28), the JCE’s attorneys surprised the court by claiming they had already submitted the requested information. However, according to El Faro Latino, this was done without complying with the provisions of the General Law on Free Access to Public Information No. 200-04, characterizing the JCE’s stance as a clear violation of that law.

In response, Dr. Del Castillo requested that the court fully uphold the conclusions of the habeas data petition filed on March 5, which includes the imposition of a daily fine of RD$50,000 for each day of noncompliance with the required information delivery.

Judge Berroa Hiciano decided to reserve the ruling. Although Dominican law does not specify a deadline for issuing a ruling, Article 42 of Law No. 1494 stipulates that the decision must be notified to the involved parties and the Administrative Attorney General within five working days of its issuance.

The legal action originated on October 21, 2024, when El Faro Latino submitted a request via the Public Information Access System (SAIP) for details regarding the management of funds allocated to the JCE’s overseas offices (OSE) for the elections. This request is part of a journalistic investigation aimed at clarifying alleged irregularities reported by members of the Dominican diaspora.

The Superior Administrative Court has jurisdiction over disputes between citizens and public administration. In the event of a violation of the right to access information, the case may be escalated to the Constitutional Court—an action El Faro Latino has announced it will take if full access to the requested data is not guaranteed.