Amparo Judge in Faro Latino Case Against JCE Highlights the Value of the Right to Information

New York: Judge Román Arturo Berroa Hiciano, president of the Fourth Chamber of the Superior Administrative Court (TSA), will hear on May 28 the writ of amparo filed by the newspaper El Faro Latino against the Central Electoral Board (JCE). This case seeks to compel the JCE to release public information regarding expenses incurred during the 2024 Dominican elections abroad, intended for use in an ongoing journalistic investigation following allegations of possible financial embezzlement.

 The judge’s own words underscore the case’s importance. During a hearing of the National Council of the Magistracy (CNM), while he was a candidate for the Constitutional Court, Berroa Hiciano emphasized the value of free access to public information as an essential right for democracy.

 El Faro Latino submitted a request on October 21, 2024, through the Single Portal for Access to Public Information (SAIP), seeking financial reports related to the recent overseas elections, including the allocated budget and transfers to the Foreign Service Offices (OSE). The JCE has repeatedly delayed the release of this information, requesting extensions and submitting incomplete documents.

During the CNM hearing, in response to a question posed in 2024 by then-Attorney General Miriam Germán Brito, Berroa Hiciano stated that the right to public information is one of the fundamental pillars of a democratic state:

 “The Constitution establishes freedom of expression as a core right, from which the right to information derives. This includes the right to inform and the right of every citizen to be informed. In that regard, Law 200-04 guarantees access to public information held by the State. The Constitutional Court has recognized this right as a reinforced one, as it promotes transparency and improves public management. It is also a civic right and, without a doubt, one of the most important fundamental rights because it fosters clean and efficient public administration,” said the judge during the hearing.

 These remarks have generated high expectations among the Dominican diaspora and the plaintiff media outlet, who trust that the judge will act consistently with his public statements.

 The ruling issued by Judge Berroa Hiciano could set an important precedent. Suppose the court does not uphold the writ. In that case, El Faro Latino has announced it will appeal to the Constitutional Court through the appropriate legal channels (direct action of unconstitutionality, review appeal, or amparo action).

The Superior Administrative Court resolves conflicts between citizens and public administration. Although its rulings are final within its jurisdiction, the right to information, when violated, can escalate to the highest constitutional body in the country—the Constitutional Court (TC)—and that is what El Faro Latino is expected to do until the whole truth is revealed about the alleged embezzlement of funds from the 2024 Dominican elections abroad.