CARD chief calls contempt declaration by CC illegal
The National Council and the National Board of Directors of the Dominican Bar Association (CARD) are eligible for a declaration of contempt issued by Republic Accounts Chamber (CCRD) against its president, Miguel Alberto Soron Hernandez.
According to the board and council, Surún Hernández is sentenced for contempt when he was not notified of the decision He allegedly disobeyed, in violation of the law.
The Board and the CARD Board of Directors explained that the Accounts Chamber supported this decision in Article 56 of its Law 10-04 which speaks of “contempt for public officials”, however, they highlighted that Surún Hernández is not a public servant, he does not receive and does not deal with resources From the national budget, it does not deal with public resources, but public authorities and has never refused to be scrutinized.
“It is inconsequential, inexplicable and even suspicious that if the Plenary of the Accounts Chamber learns that the Constitutional Court, which is the Supreme Court of the Dominican Republic, has not passed a judgment on the conflict of jurisdiction claim brought by CARD against the CCRD, it would spurn contemptuously and threaten to use public force to obtain documents , It is a disgraceful, illegal and unconstitutional act and an abuse of power that we will not allow.” Surún Hernández stated.
Sauron Hernandez confirmed, that in the CARD they have no problems with the review and supervision, But the actions must be carried out by entities that have the legal authority to do so, and not out of whims, cravings, persecution, political mandates, or other reasons.
“We demand respect and that we all act in accordance with the laws and the constitution, so that the institutions of our country may prevail,” Surún Hernández said.
The lawyer reiterated that “the card is not a government entity, it does not manage state assets, it does not receive money from the budget or public resources, and its money comes from the fees for selling red stamps to legalize documents, it pays” 10% to the state to collect fees.
She says CC can’t check it
Union member Miguel Alberto Soron Hernandez explained in Four Points why the Accounts Chamber does not have the legal authority to audit CARD resources.
The first reason is that Article 248 of the Constitution, in addition to Articles 1 and 3 of Law 10-07 that established it, clearly establishes that the said entity can only exercise oversight and audit institutions that manage public resources, and which does not. The status of the entity, according to Surún Hernández.
The second expresses that the CARD does not deal with public resources, but deals with public authorities, which are those that originally belong to the state and that the state subjugates them to be exercised by a private entity, and also acts, for example, the Chamber of Commerce and Production of Santo Domingo and other entities.
And the Center for Civil Rights announced, last Friday, that the president of the Bar Association, Miguel Alberto Soron Hernandez, is in contempt, due to his resistance and reluctance to allow the auditors sent by the authority to abide by the responsibilities assigned to him.
The decision is in Resolution No. ADM-2021-010, Emerging from the regular session held today, December 3, by the plenary.