Emmanuel Clase and Luis Ortiz, two prominent Dominican pitchers, are facing scrutiny over alleged involvement in illegal betting. Clase is associated with the Cleveland Guardians in Major League Baseball (MLB), while Ortiz plays for the Estrellas Orientales in the Dominican Winter Baseball League (LIDOM). On October 13, it was reported that LIDOM has denied both players’ registrations with the Estrellas Orientales, despite MLB not having imposed any formal penalties.
LIDOM’s Decision: Legal and Regulatory Context
The incident highlights the legal framework regarding illegal betting in the Dominican Republic. According to Law No. 96-88, sports betting is only legal when authorized and regulated by the government. Engaging in unauthorized betting could breach this law and the Penal Code, especially if there are alterations to game outcomes.
However, there is no public evidence that Clase or Ortiz violated Dominican laws, as allegations pertain to activities purportedly conducted in the United States regarding MLB games.
LIDOM’s Autonomy and Regulations
LIDOM operates as a private entity with a non-profit status. Its internal decisions, including player registrations, are governed by its own Operational Regulations and agreements with MLB. In Dominican law, private organizations exercise regulatory autonomy, provided they do not infringe on fundamental rights or deviate from established regulations.
While MLB has its disciplinary procedures, placing a player on “administrative leave” is not equivalent to a suspension. Thus, LIDOM was not mandated to prohibit player participation unless specified in its own rules.
The Implications of LIDOM’s Decision
Justice in Sports
The principles of due process and the presumption of innocence are essential in sports governance. Preventing player participation without an official sanction contradicts these principles. Although LIDOM’s actions could be seen as precautionary, they provoke questions regarding fairness and proportionality, creating limitations without formal convictions.
Constitutional Rights at Stake
The Dominican Constitution safeguards the right to work and the presumption of innocence. Articles 62 and 40 emphasize that no individual should face arbitrary employment restrictions. Furthermore, an ongoing investigation does not justify barring a player from competing.
Legal and Ethical Considerations
According to the Constitutional Tribunal, private entities with a public interest must uphold fundamental rights. LIDOM cannot restrict an athlete’s ability to work without legal justification. The suspension could constitute an indirect violation of constitutional provisions protecting individual rights.
Conclusions and Recommendations
Since the investigation is taking place in the United States without evidence of breaking Dominican laws, it lacks grounding for restricting player registration. While LIDOM has regulatory independence, there are no explicit codes prohibiting players under investigation from participating without formal penalties from MLB.
Ultimately, LIDOM’s decision may be perceived as both precautionary and legally tenuous. It raises significant concerns about constitutional rights, particularly the right to work and the presumption of innocence, which necessitates careful legal scrutiny.
