Dominican Constitutional Court Upholds Polygraph Use for Police

The Constitutional Court has upheld a provision in the Organic Law of the National Police that permits the use of polygraph examinations to assess agents' psychophysical capacity. The court also confirmed that unjustified refusal to undergo the test constitutes a very serious offense.

The ruling addressed a challenge brought by Ambioris Arnó Contreras, who questioned several aspects of the law, including provisions on the Superior Police Council, independent commissions, disciplinary regimes, agent retirement, and administrative appeals. However, the high court declared all contested articles constitutional.

“

the test integrates the confidence control mechanisms of the bodies responsible for citizen security.

Contreras had argued that sanctioning refusal to take the polygraph violated the right against self-incrimination. The court rejected this, stating the polygraph is integral to the special regime of the National Police and serves to verify an agent's fitness for service. This stance aligns with a previous decision, TC/1145/23, which recognized polygraph tests as a confidence control mechanism for security forces. The court emphasized that such evaluations are suitable and consistent with the constitutional framework for vetting officials responsible for public safety.

“

these evaluations constitute measures that are suitable and consistent with the constitutional regime currently in force regarding the entry and evaluation of those officials whose function is to protect citizen security.