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Sentence for Air Pollution Creates Precedent in the Dominican Republic
Dominican Republic, 8/14/2015

The owners of a body shop and paint business operating in the public street were sentenced to three years in prison by the First Collegiate Court of Santo Domingo. This sentence sets the precedent being the first for air pollution and the second for noise pollution, emitted in the Dominican Republic.

In addition to the sentence of three consecutive years in prison imposed to Juan Bautista Fernández Volquéz and Doganis Fernández Núñez, they were also forced to pay the equivalent to 100 minimum wages in favor of the Dominican State, 600,000 Dominican pesos in compensation to the complainants, and the closure of the workshop "Papá de la fibra."

The investigation began after the Public Prosecutor received the complaint by the municipality of East Santo Domingo, where several people were complaining about the smell of paint as well as the noise and pollution emitted by the workshop, as the Prosecutor’s Office reported in a statement.

According to the Prosecutor of the province of Santo Domingo, Judge Olga Diná Llaverías, “This sentence is a message for the people who, with some actions, are polluting or causing harm to the environment, so they know they will face justice and pay for any environmental crime”.

Juan Bautista Fernández Volquéz and Doganis Fernández Núñez are accused of violating Articles 44, 66, 67 of the Constitution of the Dominican Republic, and Articles 5, 85, 115, 174, 175 paragraphs 1, 5, and 6 of Act 64 -00 on Environment and Natural Resources.

Similarly, they violated Articles 29, 51, 53 and 59 of the General Health Law and Articles 2, 5 and 6 of Law 287-04 on the Prevention, Suppression and limitation of harmful and annoying sounds that produces noise pollution.


Topic(s):    Environmental pollutionLegal and Institutional