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HomeCosta RicaUN Special Rapporteur Warns Costa Rica Judicial Independence is at Risk

UN Special Rapporteur Warns Costa Rica Judicial Independence is at Risk

The Special Rapporteur of the United Nations (UN), Margaret Satterthwaite, sent Costa Rica a note in which she expressed her concern about what she considers to be the lack of independence of the judiciary.

Satterthwaite pointed out that there is interference from the Executive Branch in matters that only concern the legislative branch. According to the official document issued by the UN, President Rodrigo Chaves “would have generated growing tension and persecution towards the judiciary and undermined judicial independence through verbal attacks.”

The report highlighted that President Chaves has unfoundedly questioned the “impartiality of the judicial system” and has made several insinuations when he disagrees with a particular decision. “These public statements, made during weekly press conferences, would be contributing to an environment of confrontation and mistrust, negatively affecting the stability of justice,” the document mentioned.

As noted by Satterthwaite, this would be “incompatible with international standards on fair trials that establish that the judiciary must function without restrictions, undue influence, pressure, or threats.” For the UN, this is an extremely delicate issue that must be given great importance, as the manifestations against the Supreme Court of Justice by high-ranking figures jeopardize the public perception of the judiciary and, therefore, the administration of justice.

The UN Special Rapporteur has asked the Government of Costa Rica for information on measures taken to ensure judicial independence and compliance with international standards in the appointment of judges. She requested additional comments regarding allegations of threats to judicial independence, actions to ensure that judicial appointments meet international standards, strategies to safeguard judicial independence in accordance with the Basic Principles on the Independence of the Judiciary, and actions to ensure that judges can perform their work in a safe environment free from intimidation.

The Costa Rican Judiciary Association (ACOJUD) believes that international concern about the situation in Costa Rica should be taken seriously and demands clear answers from the government.

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