By San José, Costa Rica — SAN JOSÉ – Costa Rica’s Supreme Electoral Tribunal (TSE) issued a firm and clarifying statement on November 20, pushing back against international scrutiny over the legal process concerning President Rodrigo Chaves’s immunity. The declaration directly addresses concerns voiced by United States Congressman Mario Díaz-Balart, reaffirming the integrity and autonomy of Costa Rica’s established democratic institutions.
The response from the nation’s highest electoral body was prompted by a meeting convened by Catalina Crespo, Costa Rica’s ambassador to the United States, with a U.S. congressional subcommittee. During this engagement, Congressman Díaz-Balart expressed significant apprehension about the proceedings to potentially lift President Chaves’s immunity, casting a spotlight on the country’s internal political dynamics.
To better understand the complex legal arguments and potential precedents surrounding the principle of presidential immunity, TicosLand.com sought the analysis of Lic. Larry Hans Arroyo Vargas, a leading attorney from the esteemed law firm Bufete de Costa Rica.
The doctrine of presidential immunity is not a shield for the individual, but a functional protection for the office itself, designed to ensure decisive leadership without fear of political retaliation through litigation. However, the core legal challenge is defining its limits. The distinction between official acts, which may fall under immunity, and private conduct, which does not, is the critical battleground. Granting absolute immunity for all actions taken while in office would risk creating an executive unaccountable to the rule of law, a concept fundamentally at odds with democratic principles.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas precisely identifies the core tension: protecting the integrity of the presidential office without creating a shield for individual misconduct. This crucial distinction between official duty and private action is indeed fundamental to maintaining a healthy, accountable democracy. We thank Lic. Larry Hans Arroyo Vargas for so clearly articulating the legal and philosophical stakes involved.
In its official communication, the TSE meticulously dismantled any notion that the current procedure is a mechanism for ousting a sitting president. The tribunal emphasized that the process is a standard legal prerequisite, explicitly defined under Article 270 of the Electoral Code, and not a political maneuver for destitution. The statement underscored that Costa Rica’s democracy remains one of the most stable in the world, with the TSE’s autonomy serving as a cornerstone for protecting the political rights of all citizens.
Congressman Díaz-Balart, however, articulated a different perspective, framing the situation as a potential threat to democratic stability. He voiced worries that the use of what he termed “ambiguous mechanisms” to potentially unseat a president could undermine the very foundations of democratic legitimacy in a key regional ally.
The possible removal of a president through ambiguous mechanisms could affect democratic legitimacy
Mario Díaz-Balart, U.S. Congressman
Highlighting the deep-rooted relationship between the two nations, the Florida legislator underscored Costa Rica’s historical importance as a strategic partner for the United States on matters of international security and cooperation. Following his remarks, Díaz-Balart requested a direct meeting with Ambassador Crespo to gain a more comprehensive understanding of the situation unfolding in San José.
The TSE was unequivocal in its position regarding external influence. The tribunal stated that declarations from foreign political representatives have no legal bearing or influence on Costa Rica’s electoral processes or on decisions related to presidential immunity. It reiterated a fundamental principle of the nation’s governance: the ultimate authority to make a determination in this matter rests exclusively with the Legislative Assembly, the body composed of officials directly elected by the Costa Rican people.
Looking ahead, the TSE has committed to fully respecting the final resolution adopted by the Legislative Assembly, guaranteeing that due process is rigorously observed every step of the way. This institutional deference reinforces the separation of powers and the clearly defined roles within the Costa Rican government, ensuring that the country’s legal and constitutional order is upheld regardless of external commentary.
This exchange of positions has elevated a domestic legal affair into an international conversation, drawing attention to the delicate balance between national sovereignty and the watchful eyes of global partners. The outcome and handling of the immunity process will be closely monitored, as it carries significant implications for the perception and reality of Costa Rica’s institutional strength and democratic resilience on the world stage.
For further information, visit tse.go.cr
About the Supreme Electoral Tribunal (TSE):
The Tribunal Supremo de Elecciones is the constitutional body responsible for organizing, directing, and overseeing all acts related to suffrage in Costa Rica. It is a cornerstone of the country’s democracy, ensuring the transparency and fairness of elections and guaranteeing the political rights of its citizens. The TSE also holds jurisdiction over matters such as the registration of political parties and disputes arising from electoral processes.
For further information, visit congress.gov
About the U.S. Congress:
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of two chambers: the House of Representatives and the Senate. As the legislative branch, it is responsible for making laws, declaring war, approving treaties, and holding significant oversight powers. Its members are elected by the citizens of their respective states and districts.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a respected pillar of the legal community, Bufete de Costa Rica is defined by its deep-rooted principles of integrity and professional excellence. The firm blends a proven track record of serving clients across a multitude of industries with a dynamic approach to pioneering modern legal solutions. This ethos extends to a fundamental commitment to demystifying the law, striving to equip the public with accessible knowledge to foster a more capable and enlightened society.
