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Santo Domingo.- Convicted ex banker Vivian Lubrano and those pardoned in the Plan Renove RD$1.9 billion fraud case could land behind bars again to serve out their jail sentence if the Constitutional Court (TC) upholds a challenge as unconstitutional against president Leonel Fernandez’s decree which freed them.

Supreme Court sent the unconstitutionality challenge to the TC, filed by the lawyers Remberto Pichardo Juan and Hermes Guerrero, against decree 487-08, which pardoned Lubrano and the convicts  Pedro Franco Badía, Antonio Marte, Milcíades Amaro Guzmán and Gervacio de la Rosa on December 22, 2008.

Pichardo and Guerrero claim the decree violates the previous Constitution passed January 26, 2010, whose article 55, numeral 27 states that pardons must be decreed in accordance to law, which in this case would be number 65, 1963, that creates a commission that evaluates the clemency and decides whom the President will pardon afterwards.

The Supreme Court didn’t hand down a ruling on the challenge submitted February 6, 2009, and then transferred it to the recently created Constitutional Court, which will hear it through the so called “accordion system to hear the old files left by the Supreme Court.”

The challenge notes that the defendants’ convictions had acquired the authority of the irrevocably judged, and that the National District Appellate Court sentenced Lubrano on April 17, 2008, upheld by the Supreme Court on July 8, 2008.

It said on December 17, 2007 the Santo Domingo Province Court of Appeals found the Plan Renove defendants guilty, also upheld by the Supreme Court on February 21, 2008.

The challenges states that all those found guilty were sent prison but served only part of their sentences as the result of the I pardons, while Lubrano de lasted only two hours in prison, pardoned on alleged illness, which, according to the instance, “blatantly violating the equality before the law consecrated in the Constitution.”

“Doctor Leonel Fernandez’s decree which pardoned them doesn’t adhere with the past Constitution, since the same (as the one passed on January 26, 2010) stipulates in its article 55, numeral 27 that the pardons must be decreed in compliance with the law, which in this case would be Law 65, 1963 on pardons which creates a commission that must evaluate those who would be pardoned and which will later decide who’ll be pardoned by the President,” the challenge says.

It adds that despite the provisions, those convicts never submitted their cases to the referred commission, without adhering to the revision established by Law.

SOURCE: elnacional.com.do

Related www.dominicantoday.com/dr/local/2008/12/31/30592/Dominican-president-defends-pardons

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35 comment(s)
Written by: josean, 20 Mar 2012 3:58 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Meanwhile in other potential abuse of power news:


I swear to you guys I hand nothing to do with writing of the opinion piece!


The Case Against Danilo the PUPPET President!


“The Party of the Dominican Dictatorship”

“Next President”

If Danilo Medina were to win the presidency in the year 2012, Leonel would have his first puppet President; An inescapable phenomenon, where the nominal Executive would not control the legislative, judicial, electoral powers or the Vice-Presidency of the Republic. Nor would he be decisive against powers, such as the party, military, kleptocracy, private finance, the religious ascension and propaganda factory of FUNGLODE.

Read the rest at 7dias.com

18 de Marzo del 2012, 3:38 PM


Partido de la Dictadura Dominicana


La serie continuista
Written by: generoso, 20 Mar 2012 4:07 PM
From: Dominican Republic, ****Raise your words, not your voice. Rain grows food, not thunder.****

OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?Estamos entre la espada y la pared.
Dominicans should either not vote or vote for anybody else, but not be complicit in the sake of "governability".
Fuego a la lata, carajo!
Written by: josean, 20 Mar 2012 4:13 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"Dominicans should either not vote or vote for anybody else, but not be complicit in the sake of "governability".

"Fuego a la lata, carajo!"


I agree Professor, that why I am voting for Guillermo Moreno!
Written by: josean, 20 Mar 2012 4:28 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

In other fraud news here is one of those Unscientific Polls that makes Atabey's hemerriodes flare up:


Encuesta

Poll

¿Cuál de los gobiernos ha sido más corrupto?

Which governments have been more corrupt?


PRD 16% (398 votos)

PLD 81% (1984 votos)

PRSC 2% (59 votos)

Total Votes

Total de Votos 2441

Acento.ccom
Written by: Atabey, 20 Mar 2012 4:48 PM
From: United States, Bring DT Forum Back--
Written by: generoso, 20 Mar 2012 4:07 PM
From: United States, Quisqueya

OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?

Estamos entre la espada y la pared."

The Canario under the Mango tree will not adhere to hard political reality, Generoso.

Suenos de Hadas will not be coming anything soon. As with that Jesus waiting game, the practice of politics is not for the weak of mind and heart.

We have to accept reality and the choice before us is, however painful for some to accept, between a lesser of two evils. I've said this a number of times and no one has been able to challenge me on this: Compare the administrations of the PRD: Guzman, Blanco and Hipolito with the 12 years of the PLD under Leonel Fernandez and the overwhelming winner is the PLD and Leonel Fernandez. Just check the history and remember the past governments under Guzman, Blanco and Grand Master Hippo.

No contest. PLD is the clear winner.
Written by: josean, 20 Mar 2012 4:58 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Remaining on the topic of corruption:


File this one under better late than never but let’s be fair!


“The fight against corruption must be impartial”

“Support for Hotoniel Bonilla”

“Amable Aristy and Hector Rodriguez Pimentel have been Government officials, as were other political leaders, with official posts that have been assessed by the auditors of the Chamber of Auditors, yet they do not meet the same fate as these two gentlemen”

Watch the very revealing and fascinating video editorial at acento .com

Editorial

La lucha contra la corrupción debe ser imparcial

Una ayuda para Hotoniel Bonilla

Amable Aristy y Héctor Rodríguez Pimentel han sido funcionarios gobierno, como lo han sido otros dirigentes políticos, con gestiones oficiales que han sido evaluadas por los auditores de la Cámara de Cuentas, y que no tienen la misma suerte de estos dos señores.

20 de marzo del 2012

Enviado por:Acento.com.do

Written by: Atabey, 20 Mar 2012 5:01 PM
From: United States, Bring DT Forum Back--

Written by: generoso, 20 Mar 2012 4:07 PM


OK josean but what is the other choice? To vote for an inept, and just as corrupt a..hole like Hipoloco?

Estamos entre la espada y la pared."



The Canario under the Mango tree will not adhere to hard political reality, Generoso.

Suenos de Hadas will not be coming anything soon. As with that Jesus waiting game, the practice of politics is not for the weak of mind and heart.

We have to accept reality and the choice before us is, however painful for some to accept, between a lesser of two evils. I've said this a number of times and no one has been able to challenge me on this: Compare the administrations of the PRD: Guzman, Blanco and Hipolito with the 12 years of the PLD under Leonel Fernandez and the overwhelming winner is the PLD and Leonel Fernandez. Just check the history and remember the past governments under Guzman, Blanco and Grand Master Hippo.

No contest. PLD is the clear winner.
Written by: generoso, 20 Mar 2012 5:14 PM
From: Dominican Republic, ****Raise your words, not your voice. Rain grows food, not thunder.****
PLD is just a wolf in sheep's clothing.
When proud Dominicans fought against the Trujillo regime, nobody cared about governability, stability, what other's thought or anything else, but focused in getting rid of that scourge.
Dominicans are too much involved in protecting the status quo, and are selling their souls to the devil.
We must get rid of the thieves both PLD and PRD, and not support them with votes, otherwise there will be nothing left, for our grandchildren to inherit.
Written by: josean, 20 Mar 2012 5:19 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Atabey why did you omit this part of The Professor's statement?

"Fuego a la lata, carajo!"

Does your computer have a limit on what it can cut and paste or is part of the usual dishonesty of the Purple Ones DNA?
Written by: josean, 20 Mar 2012 5:22 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"Written by: generoso, 20 Mar 2012 5:14 PM

From: United States, Quisqueya

PLD is just a wolf in sheep's clothing.

When proud Dominicans fought against the Trujillo regime, nobody cared about governability, stability, what other's thought or anything else, but focused in getting rid of that scourge.

Dominicans are too much involved in protecting the status quo, and are selling their souls to the devil.

(Is that you Atabey?)

We must get rid of the thieves both PLD and PRD, and not support them with votes, otherwise there will be nothing left, for our grandchildren to inherit."


Atabey SUCK on that LEMON while the Professor Peels you another one!
Written by: VeronicaDR, 20 Mar 2012 5:44 PM
From: United States
What a complete joke.Its all a money grab for bribes.
Written by: Atabey, 20 Mar 2012 5:49 PM
From: United States, Bring DT Forum Back--

"Dominicans are too much involved in protecting the status quo, and are selling their souls to the devil.

We must get rid of the thieves both PLD and PRD, and not support them with votes, otherwise there will be nothing left, for our grandchildren to inherit."

Revolutions will not solve the political immaturity in the Dominican Republic. Sadly we are witnessing the ongoing Birthpangs of representative democracy in the DR. It has taken a long time and we are, REMEMBER just sadly 16? years removed from that Patriotic Front forged by the old caudillos Juan Bosch and Joaquin Balaguer that is the basis for the rise of this new dynasty in Dominican political life.

Chupa Choco JOJO.
Written by: okian, 20 Mar 2012 5:54 PM
From: United States
The Dominicans have about the same type of choice those in the US are going to have this year. Trying to vote for the lesser or two evils.
Written by: DONT_BE_SILENT, 20 Mar 2012 6:37 PM
From: Dominican Republic, NEVER FORGOTTEN, NOR FORSAKEN!
I thought this guy was Noriega with that Pinapple face, but is Mr Badia the guy that robbed hundreds of back when Jorge Blanco, Cuervo Gomez and the rest of the PRD put the whole country in their bank accounts, and we didn't even get a Metro. Lol.

Josie tell us something we don't know, you're like a mental patient with your every day ranting. Seek help son, this is beyond trying to prove a fact.
Written by: BASTA, 20 Mar 2012 7:41 PM
From: Dominican Republic, =Ghetto/Legalize Drugs/Free abortions for all Never Confuse Education with Intelligence
the PRD put the whole country in their bank accounts,= Really; everyone in the PLD got their money.
Written by: generoso, 20 Mar 2012 7:47 PM
From: Dominican Republic, ****Raise your words, not your voice. Rain grows food, not thunder.****
Don't Be Silent
How about the person on his right? That is no other than Ramón Emilio Jimenez (Milo), the ex-minister of the DR armed forces in 1973, when Caamaño was cowardly murdered while captive.
Pedro Franco Badia, believe it or not, was also Minister of Interior and police; talking about the fox guarding the hen house.
Written by: juanb, 20 Mar 2012 7:58 PM
From: Dominican Republic

We get the government we deserve.


Continuing to support either the PLD or the PRD is just going to lead to more government malfeasance.
Written by: generoso, 20 Mar 2012 8:16 PM
From: Dominican Republic, ****Raise your words, not your voice. Rain grows food, not thunder.****
juanb
I agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.
This process should continue after the new government takes the helm.
The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity.
Written by: Atabey, 20 Mar 2012 9:13 PM
From: United States, Bring DT Forum Back--
Written by: generoso, 20 Mar 2012 7:47 PM
From: United States, Quisqueya

Don't Be Silent

How about the person on his right? That is no other than Ramón Emilio Jimenez (Milo), the ex-minister of the DR armed forces in 1973, when Caamaño was cowardly murdered while captive."

What was Juan Bosch doing when Caamaño was in the country, Generoso?
Written by: josean, 20 Mar 2012 11:07 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"Written by: generoso, 20 Mar 2012 8:16 PM

From: United States, Quisqueya

juanb
I agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.
This process should continue after the new government takes the helm.
The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

Generoso that's why you are the PROFESSOR and Atabey can't even beat josean in a DUMB SURVEY!

Keep peeling him those LEMONS for him!
Written by: josean, 20 Mar 2012 11:47 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

“Birth pangs of representative democracy in the DR”

Here more news from Atabey's Purple Midwifes:

Lie-onel Fernandez’s Right Hand Bagman makes Dick Cheney look like the Mother Teresa of Government Transparency!

Bautista won multi-million contracts for him and his friends in OISOE

“SANTO DOMINGO, Dominican Republic.- While being the director of Office of Engineers Supervising the works of the State (OISOE), the now Senator Felix Bautista and Secretary of the governing Dominican Liberation Party (PLD) self assigned multi-million dollar works to be performed by companies he directly owned or associated with him.”

Read the rest at Acento.com

Bautista obtuvo contratos multimillonarios para él y sus amigos en OISOE


El secretario de Organización del PLD y senador se sirvió con la cuchara grande valiéndose de su cargo y su influencia
Written by: Atabey, 21 Mar 2012 7:24 AM
From: United States, Bring DT Forum Back--

"Generoso that's why you are the PROFESSOR and Atabey can't even beat josean in a DUMB SURVEY!"

"Atabey can't even beat josean in a DUMB SURVEY!"

Well I hope I never win that KIND of survey. :)

JOJO,

Another day un nuevo Mojón!

Written by: Atabey, 21 Mar 2012 7:31 AM
From: United States, Bring DT Forum Back--
Written by: generoso,

juanb
I agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.

This process should continue after the new government takes the helm.

The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

The process is slow and painful but hopefully out of the many tribulations and setbacks a better more responsive and enlightened government will emerge. Again, this democratic process is like making sausages, messy and definitely not for the faint of heart. As Blut used to say: it's similar to the early Tammany Hall like machine politics in NYC.
Written by: Atabey, 21 Mar 2012 7:36 AM
From: United States, Bring DT Forum Back--
With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and Civic developments we all want for our land of birth.

Written by: josean, 21 Mar 2012 7:36 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"Another day un nuevo Mojón!"

This shows why you will always be at the back of the bus PLACENTA or in your case the METRO!
Written by: josean, 21 Mar 2012 7:37 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and civil developments we all want for our land of birth."

Do you really ponder this BS before you post it?
Written by: josean, 21 Mar 2012 7:45 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

"With more modernization, exposure to outside better practices, and fundamentally a board and well funded educational expansion initiative, Dominicans may yet achieve the desired but unmet responsive and civil developments we all want for our land of birth."


What FUNGOLDE Pamphlet did you lift that nonsense from?
Written by: Atabey, 21 Mar 2012 7:49 AM
From: United States, Bring DT Forum Back--

As I've often said JOJO,

Your weakness is your incapacity to see things rationally and realistically. Political realities gives us the Bosch-Balaguer Frente Patriotico. It also serves to remind- those who care to ponder the enormously bloody and tragic historical terrain of the Dominican Republic-that the democratic process DOES NOT ascend in a straight line towards best practices; but is a rather zig-zag process with many pit-falls and adjustments in the making.

Sorry to once again blow up that Suenos de Hadas mentality that pervades your sensibilities on the matter.
Written by: josean, 21 Mar 2012 7:55 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

This why you must be all tied up in your Purple Panties this morning and are in your "normal" condescending mood:

“Mejia wins with 51.5% compared to 44.5% of Medina, according to Cedemers Poll”


20 de Marzo del 2012, 5:10 PM



Mejía ganaría con 51.5% frente a 44.5% de Medina, según encuesta Cedemers

7dias.com
Written by: Atabey, 21 Mar 2012 7:57 AM
From: United States, Bring DT Forum Back--
BY THE WAY, Josean:

Why don't you have the courage to answer the question:

Which of the two 12 year terms were the worst for the Dominican Republic:

The 12 years under the PRD governments of Guzman-Blanco-Mejia or the 12 years of the PLD under Leonel Fernandez?

Let's cut to the heart of the issue between the two.

Haber si tienes cojones.
Written by: josean, 21 Mar 2012 8:10 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Those who live in the past stay in the past.

The one that has no BALLS is you that after all your Bull Shit about modernism are afraid to do the REAL MODERN THING and break away from the INSANITY of voting for the lesser of two evils and wouldn’t vote for Guillermo Moreno or another alternative.
Para eso es que se necesita COJONES!

If we followed your line of thinking we would still have Trujillo in power!
Written by: josean, 21 Mar 2012 8:11 AM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Written by: josean, 20 Mar 2012 11:07 PM

From: United States


"Written by: generoso, 20 Mar 2012 8:16 PM

From: United States, Quisqueya

juanb
I agree. If either one of the two major parties win, and that's what it looks like, unless a catastrophic event happens, like a major earthquake, alien invasion, or assassination, the population should continue demonstrations, pickets, investigative reporting, and proactive efforts to insist and demand transparency and accountability, both past, present and future.
This process should continue after the new government takes the helm.
The worse is when Dominicans practically issue a blank signed check to whoever wins, to do as they please, with no accountability, transparency and total impunity."

Generoso that's why you are the PROFESSOR and Atabey can't even beat josean in a DUMB SURVEY!

Keep peeling him those LEMONS for him!


COMO duele esa BOFETADA!
Written by: foresthill, 21 Mar 2012 9:37 AM
From: Dominican Republic
You can keep arguing on the corruptness of the 2 governments however in the long run the politicians are laughing all the way to the bank with the stupid Domincans that put them into office.

When Domincans have had enought they will hopefully have an uprising that will shutter corruption and return to some sort of Democracy.
Written by: generoso, 21 Mar 2012 1:42 PM
From: Dominican Republic, ****Raise your words, not your voice. Rain grows food, not thunder.****
foresthill
We don't need a revolution or uprising, what we need is something like the "Arab spring", mass demonstrations that are for no particular political parties.
Either that or an abstention from voting, and prevention of legalizing the results for the same political bums and thieves.
Written by: josean, 21 Mar 2012 2:19 PM
From: United States, Fighting the Dictatorship of the Narco PLD Mafia; Guillermo Moreno President 2016

Gentlemen
,
You are at odds with the "Brilliant Purple Political Analyst and Strategist" Atabey that says we have no choice than to chose between the vulgar muggers of the sophisticated wallet thieves.
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