Tribunal Constitucional Orders Forceful Appearance of Duarte Prosecutor

The Tribunal Constitucional (TC) has ordered the forcible appearance of Smaily Rodríguez, the prosecutor for the Duarte Judicial District, after she failed to attend a scheduled public hearing. The high court issued this measure because Rodríguez did not appear on Monday, October 26, nor did she provide representation or valid excuses for her absence. The TC president, magistrate Napoleón R. Estévez Lavandier, directed that Rodríguez be presented at the tribunal’s headquarters on Friday, October 30, when the case will be reviewed.

Legal Context

The proceedings concern expediente TC-05-2023-0240, which involves a constitutional review of a sentence from the Criminal Chamber of the First Instance Court in Duarte. That lower court issued its decision on April 3, 2023, ruling on an amparo appeal. The TC is the supreme body responsible for interpreting the Constitution and protecting fundamental rights, making its oversight critical in this matter.

Enforcement Mechanism

To ensure compliance, the TC notified the Attorney General of the Republic, Yeni Berenice Reynoso, to execute the order. A "conducencia" is a legal procedural tool that authorizes authorities to bring a person who refuses to appear voluntarily before a tribunal when their presence is indispensable. All ten magistrates present at the session supported the decision to proceed with this enforcement action to guarantee the continuity of the judicial process.

Key Developments

• Smaily Rodríguez was formally cited but remained absent without justification.
• The TC mandated her physical presence by October 30 to continue the amparo review.
• The Attorney General has been tasked with coordinating the logistical execution of the order.
• The case stems from a 2023 criminal judgment currently under constitutional scrutiny.