Dominican Republic
The Dominican Republic has detailed counterterrorism legislation in place, which it adopted in 2008. The Criminal Code also provides for a long term of imprisonment for terrorist bombings. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
The 2008 Anti-Terrorism Law defines acts of terrorism as follows
all those that are executed using means likely to cause indiscriminate or atrocious deaths, injuries, physical or psychological injuries, of a number of people, or serious material damage to strategic infrastructures of the nation or property of individuals, with the purpose of:
a) Intimidating the population in general or certain sectors of it, forcing the national government, another government or an organization international to perform an act or to refrain from doing so;
b) Exercising retaliation based on political, ethnic, religious, or of any other nature; or
c) Affecting the relations of the Dominican Republic with other states or its external image.Art. 5, 2008 Anti-Terrorism Law.
Adherence to Global and Regional Terrorism Treaties
The Dominican Republic is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
The Dominican Republic is also a State Party to the main regional treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 2002 Inter-American Convention against Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The definition in the 2008 Anti-Terrorist Law is used for the criminalization of certain terrorist offences. For instance, associating with a terrorist group carries a penalty of twenty to thirty years in prison.Art. 19, 2008 Anti-Terrorist Law.
Under the Criminal Code of the Dominican Republic, terrorism is also specifically criminalized but it is not formally defined:
The fact of placing a bomb, mine or any explosive mechanism or device in a building, house, inhabited place, dock, boat, vehicle of any kind, the warehouse, shipyard or one of its dependencies, or on a bridge or road public or private, or in any place to which the public has access, as well as the act of committing any other act of terrorism, shall be punished with thirty years of imprisonment when the death of one or more persons has been caused; with the penalty of five to twenty years of imprisonment when bruises or injuries have been caused to one or more people; with the penalty of five to ten years of imprisonment when only material damage has been caused; and with the penalty of three to five years of minor imprisonment when no bodily or material damage has been caused.Art. 435, Criminal Code of the Dominican Republic.
Under the Constitution, terrorism is not considered a political crime.
Counterterrorism Capacities and Policies at Domestic Level
The 2008 Anti-Terrorist Act established the National Antiterrorist Committee (Comité Nacional Antiterrorista) and the National Antiterrorist Authority (Dirección Nacional Antiterrorista).
Glossary
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