Environmental justice: Pre-trial detention imposed on two men for deforestation in Valle Nuevo
The Judicial Office of Permanent Attention Services of San José de Ocoa ordered three months of preventive detention against Juan Encarnación and Nery Encarnación, after being accused of their alleged participation in environmental crimes within the Valle Nuevo National Park. The measure was imposed following the request presented by the Public Prosecutor’s Office, which seeks to safeguard this important natural reserve of the country.
Environmental damage details
According to the investigation led by prosecutor Ramón Emilio Calderón, of the Specialized Prosecutor’s Office for the Defense of the Environment and Natural Resources (Proedemaren), the defendants allegedly devastated nearly 30 “tareas” of land located in the Yuna area, in Loma La Placeta, municipality of Rancho Arriba. This area, considered a critical point for conservation and water supply, suffered severe damage to its biodiversity.
The technical report details the destruction of various native and endemic species, among which the following stand out:
- Cabirma santa
- Pino macho
- Yagrumo
- Cigua
- Gmelina arborea
- Manacla
- Gina
The protection of Valle Nuevo is a national priority, given its fundamental role as a water reservoir and its incalculable ecological value for the Dominican Republic.
Legal basis of the case
The provisional legal qualification presented by the Public Prosecutor’s Office is based on multiple violations of current regulations, including articles of the Constitution of the Dominican Republic, the General Law on Environment and Natural Resources (No. 64-00), the Sectoral Forestry Law (No. 57-19), and the Sectoral Law on Protected Areas (No. 202-2004).
During the hearing, the Public Prosecutor’s representative argued that the defendants did not have the necessary ties to the community to guarantee their appearance in the proceedings while out of prison. After evaluating the evidence and arguments, Magistrate Jorvy Armando Sánchez Eusebio ordered that the coercive measure be served in the Baní public jail, in the Peravia province.
