was almost under military control, and repressive methods were used against those who
protested. 172 In addition, the Court takes notes of the opinion provided by the historian José
Antinoe Fiallo Billini in his expert evidence, explaining that, in the Dominican Republic, even
though “the most drastic remedies were not needed” generally to confront “a very extreme
situation of crisis of the political power [such as the government was experiencing at that
time], it was decided to do this,” because a “single forced disappearance in a context of
fraud and repression is extremely relevant as an attempt to send a message of fear and
alarm.” 173 According to the evidence provided by the State itself, “[t]he press has been a
victim of censure and arbitrary measures during each institutional conflict or threat of
Government destabilization.” 174
140. Moreover, the Court observes that it has received several statements that reveal a
pattern of harassment and surveillance of journalists and those who criticized the
Government of the time. According to these statements “the exercise of journalism was
always a risk, especially at that time.” 175 Moreover, public complaints were made regarding
the supposed police harassment and ill-treatment of journalists, including the former Director
of the magazine in which Mr. González Medina had published his article on President
Balaguer, and by “opposition activists,” regarding whom it was said that their arrests had
“become routine.” In addition, there were reports of “beatings and torture against those
detained on either political charges or for common offenses.” 176
141. The evidence provided by the State itself in its defense reveals the harassment and
surveillance to which those who criticized the regime or insinuated that fraud had been
committed in the 1994 elections were subjected. The conclusions of the Joint Board reveal
the arrest, without a court order, of two generals, because “security forces obtained a
recording” of a conversation in which one of them criticized Balaguer because he was
attempting to ignore the will of the people, and said that this must be avoided and, during
this conversation, he mentioned the other general. 177 The Joint Board concluded that
a witness who said he had taken part in the operation to arrest Narciso González Medina
had, in fact, participated in the detention of two Army generals (infra para. 156 and
footnote 195). However, the State did not respond to the Court’s request for helpful
172
Cf. Testimony given by witness Manuel Jesús de la Rosa Hidalgo on June 16, 2011, supra note 100, folios
1139 and 1140; testimony given by witness Luis Eduardo Lora Iglesias (Huchi Lora) on June 26, 2011, supra note
88, folio 1117; newspaper article entitled “Nueve días de tensión,” supra note 92, folio 4847; newspaper article
entitled “Embrollo electoral apunta hacia crisis política,” supra note 92, folio 4849, and article published in Rumbo
magazine of July 20 to 26, 1994 entitled “La represión de moda” (file of attachments to the pleadings and motions
brief, attachment 9, folio 4852).
173
1176.
Testimony provided by expert witness José Antinoe Fiallo Billini on June 16, 2011, supra note 85, folio
174
Book entitled “Crímenes contra la prensa. Atentados and censuras en República Dominicana, 1844-2007,”
supra note 89, folio 6363.
175
In this regard, the deponent added: “[i]t is the only time I have had a guard at my home and it
until the crisis was over.” Testimony given by witness Luis Eduardo Lora Iglesias (Huchi Lora) on June 26,
supra note 88, folios 1112 and 1113. Also, cf. Testimony given by witness Juan Bolívar Díaz on June 16,
supra note 98, folio 1126, and testimony provided by expert witness José Antinoe Fiallo Billini on June 16,
supra note 85, folio 1176.
lasted
2011,
2011,
2011,
176
Testimony provided by expert witness Robert Salvador Ramos Vargas on June 16, 2011, supra note 90,
folios 1180 and 1185, and newspaper article entitled “La represión de moda,” supra note 172, folio 4852.
177
Cf. Statement made by retired Brigadier General Jesús Manuel Mota Henríquez on May 18, 1998, before
the Joint Board, included in the statement made by Jesús Manuel Mota Henríquez before the Joint Board on May
22, 1998 (file of attachments to the answering brief, attachment 6, folios 5660 to 5662); Report of the Joint Board,
supra note 109, folios 3850 and 3856, and statement made by Constantino Matos Villanueva before the Joint
Board, supra note 171, folio 5636.
46
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