Torture - IAC

Dominican Republic

Dominican Republic - Constitution 2015 EN

Title II: On fundamental rights, guarantees and duties
Chapter I: Fundamental rights
Section I: Civil and political rights

Article 42: Right to personal integrity
All people have the right to have their physical, psychic, moral integrity and the right to live without violence respected. They shall have the protection of the state in cases of threat, risk, or violation of the same. Consequently:
1. No one may be submitted to punishments, tortures, or degrading proceedings that imply the loss or decrease of his health or of his physical or psychic integrity;

Dominican Republic - Constitution 2015 ES

Article 42: Right to personal integrity
All people have the right to have their physical, psychic, moral integrity and the right to live without violence respected. They shall have the protection of the state in cases of threat, risk, or violation of the same. Consequently:

• Prohibition of corporal punishment
• Prohibition of cruel treatment
• Prohibition of torture 1. No one may be submitted to punishments, tortures, or degrading proceedings that imply the loss or decrease of his health or of his physical or psychic integrity;

2. Familial and gender based violence in any of its forms is condemned. The State shall guarantee through the law the adoption of necessary methods to prevent, sanction, and eradicate violence against women;

• Reference to science 3. No one may be submitted, without prior consent to experiments or proceedings that do not conform to internationally recognized scientific and bioethical norms, nor to examinations of medical proceedings, except when his life is in danger.
• Protection from ex post facto laws
• Principle of no punishment without law

13. No one may be condemned or punished for actions or omissions that at the time of taking place did not constitute a criminal or administrative infraction;

Article 263: State of Defense
In the case of the national sovereignty or the territorial integrity being seen as in grave and imminent danger by external armed aggressions, the Executive Power, without prejudice to the inherent abilities of his office, may request from the National Congress the declaration of State of Defense. In this state the following may not be suspended:

1. The right to life, following the provisions of Article 37.

2. The right to personal integrity, following the provisions of Article 42.

3. Liberty of conscience and religions, following the provisions of Article 45.

4. The protection of the family, following the provisions of Article 55.

5. The right to one’s name, following the provisions of Article 55, number 7.

6. The rights of the child, following the provisions of Article 56.

7. The right to nationality, following the provisions of Article 18.

8. The rights of citizenship, following the provisions of Article 22.

9. The prohibition of slavery and servitude, following the provisions of Article 41.

10. The principle of legality and of non-retroactivity, following that established in Article 40, numbers 13 and 15.

11. The right to the recognition of juridical personality, following the provisions of Articles 43 and 55, number 7.

12. The judicial, process, and institutional guarantees indispensable for the protection of those rights, following the provisions of Article 69, 71, and 72.

Rome Statute

Article 8 War crimes

2. For the purpose of this Statute, ‘war crimes’ means:

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(ii) Torture or inhuman treatment, including biological experiments;