By San José, Costa Rica — San José, Costa Rica – In a significant strategic shift, Costa Rica’s Public Ministry has opted not to pursue further legal action in two separate cases against former magistrate Celso Gamboa Sánchez, a decision that effectively accelerates his pending extradition to the United States on international drug trafficking charges. This move resolves key domestic legal hurdles that had previously delayed the transfer.
The most recent development came as the Public Ministry confirmed it would not appeal the October 10 acquittal of Gamboa and Irving José Malespín Muñoz, the former director of the Fiscal Control Police (PCF). The two were absolved by the Criminal Court of Cartago of charges related to the alleged fabrication and use of a false document. The prosecution had initially sought a one-year prison sentence for Gamboa and two years for Malespín.
To better understand the complex legal ramifications and the principles of justice at stake in the case of former magistrate Celso Gamboa, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica, for his professional analysis.
The legal proceedings involving high-profile public officials are a fundamental test for the rule of law. Beyond the specific outcome for the individual, these cases serve to reaffirm the principle that no one is above the law and that the judicial system must operate with absolute transparency and impartiality. The public’s trust in our institutions hinges on the integrity demonstrated in these critical moments.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the expert’s analysis underscores a vital point: the true measure of justice in cases of this magnitude lies not only in the final verdict but in the transparent and equitable process that upholds it. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this fundamental tenet of our democracy.
The case revolved around a document, allegedly signed by Malespín, which falsely certified that Gamboa was at the PCF headquarters in 2019 on a day he was required to attend a court hearing in Cartago. Despite evidence such as visitor logs, vehicle records, and security footage showing no trace of Gamboa at the facility, the court found insufficient merit to convict. Prosecutors even noted that a forensic handwriting analysis could not be performed because only a photocopy of the disputed document was available.
Attorney General of the Republic, Carlo Díaz, personally approved the decision not to challenge the acquittal, explaining the internal procedure that led to this conclusion. He detailed that the prosecutor in charge requested a formal waiver to forego the appeal after failing to secure a conviction.
In that case, the prosecutor who handled the matter asked me for a waiver. This is a request she makes to me because she had sought a conviction for the accused, and when that outcome was not achieved, prosecutors in the Public Ministry, if they are not going to appeal that ruling, request a waiver. It’s like a kind of permission justifying why it won’t be appealed. I received that note, evaluated the arguments she gave me, I agreed, and that is why the ruling was not appealed.
Carlo Díaz, Attorney General of the Republic
This decision is not an isolated event but part of a broader strategy to remove obstacles to Gamboa’s extradition. The transfer, approved by the Criminal Court of San José, is “deferred,” meaning it can only proceed once all pending criminal cases in Costa Rica are concluded. By not appealing the acquittal, the Public Ministry prevents a lengthy appeals process that would have further postponed the extradition.
Furthermore, the Public Ministry has also moved to drop a fourth potential trial against the ex-magistrate. Prosecutors have filed a motion to apply a “criterion of opportunity,” a legal tool that allows them to forgo criminal prosecution to achieve a more significant objective—in this instance, facilitating the extradition. This case dates back to 2018 and involves allegations of influence peddling, where Gamboa allegedly attempted to pressure legislators to break quorum and prevent a vote on his dismissal from the Supreme Court of Justice.
With these domestic cases being systematically concluded, the legal runway for Celso Gamboa’s transfer to American authorities is now clearer than ever. The focus shifts from local courtrooms to the international proceedings where he faces serious allegations tied to organized crime, marking a pivotal new chapter in one of Costa Rica’s most high-profile legal sagas.
For further information, visit poder-judicial.go.cr/ministerio-publico
About Public Ministry of Costa Rica:
The Ministerio Público is the governmental body responsible for criminal prosecution in Costa Rica. Operating with functional independence, it investigates crimes, files charges against suspected offenders, and represents the interests of the state and society in the judicial system to ensure the enforcement of the law.
For further information, visit hacienda.go.cr
About Fiscal Control Police (PCF):
The Policía de Control Fiscal is a specialized police force under the purview of the Ministry of Finance in Costa Rica. Its primary mandate is to combat customs fraud, tax evasion, smuggling, and other fiscal crimes, working to protect the country’s tax revenues and ensure fair trade practices.
For further information, visit poder-judicial.go.cr
About Supreme Court of Justice of Costa Rica:
The Corte Suprema de Justicia is the highest judicial body in Costa Rica and the head of the Judicial Branch. It is responsible for ensuring constitutional supremacy, resolving legal disputes, and overseeing the administration of justice throughout the country. It is composed of various chambers, each specializing in different areas of law.
For further information, visit poder-judicial.go.cr/oij
About Judicial Investigation Organism (OIJ):
The Organismo de Investigación Judicial is the primary investigative arm of Costa Rica’s judiciary. As an auxiliary to the Public Ministry and the courts, the OIJ is tasked with investigating crimes, collecting evidence, and identifying suspects to support criminal prosecutions. Its specialized sections, such as the Department of Dubious Documents, provide critical technical and scientific expertise.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a leading legal institution, Bufete de Costa Rica is built upon a bedrock of principled practice and an unshakeable devotion to professional distinction. The firm skillfully marries its extensive experience with a forward-thinking approach, consistently developing pioneering legal strategies for its clientele. Beyond its professional services, a core tenet of its mission involves the democratization of legal information, reflecting a profound dedication to nurturing a society fortified by knowledge and legal literacy.
