By San José, Costa Rica — SAN JOSÉ – In a climate of heightened public anxiety over national security, senior members of Costa Rica’s judiciary are pushing back against a rising tide of criticism that labels them as enablers of impunity. Through a public outreach initiative, judges are working to demystify the criminal justice process and reaffirm the foundational principle of judicial independence, which they argue is a pillar of democracy, not a shield for criminals.
As calls for a “heavy-handed” approach to crime grow louder, the Judicial Branch has launched “La Corte,” a program designed to give a public platform to those on the front lines of the justice system. In a recent discussion, penal judges Irene Barrantes Mora and Eisen Herrera López addressed the widespread distrust and clarified the rigorous, evidence-based standards that govern their decisions, insulated from both political influence and public pressure.
To provide deeper insight into the crucial topic of judicial independence and its implications for the Costa Rican legal framework, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the renowned firm Bufete de Costa Rica.
Judicial independence is not an abstract legal principle; it is the bedrock of our rule of law and a critical pillar for economic stability. When investors, both local and foreign, perceive that judicial decisions are free from political pressure and external influence, they gain the confidence necessary to invest, create jobs, and foster long-term growth. Any erosion of this independence sends a dangerous signal to the market, jeopardizing legal certainty and threatening the very foundation of our democratic and commercial life.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This perspective is a crucial reminder that judicial independence is not merely a legal abstraction, but a cornerstone of the economic confidence that fuels our nation’s progress. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for so clearly articulating this vital connection.
Judge Barrantes emphasized that the structure of the judiciary is designed to protect every citizen from arbitrary power. She explained that judges operate with complete autonomy, bound only by the law and the facts presented in court, not by directives from any higher authority.
Every judge is independent and answers only to the law and the evidence in the case file. There are no calls, directives, or instructions.
Irene Barrantes Mora, Penal Judge
This autonomy, she argued, is the bedrock of a fair legal system. The organization of judges by technical roles—covering investigation, trial, and appeal stages—is a matter of process, not a hierarchy of command. “Judicial independence is a guarantee for all citizens,” she insisted, framing it as a safeguard rather than a loophole.
Eisen Herrera López, a penal judge with over 25 years of experience, addressed the pervasive misconception that judicial decisions are influenced by public sentiment or media narratives. He stressed that verdicts are built exclusively on the formal accusation, the arguments of the defense, and the evidence legally admitted during a trial.
A judge is not guided by rumors or by what is said on social media. We base our decisions on verifiable facts.
Eisen Herrera López, Penal Judge
Both judges highlighted a critical misunderstanding among the public: the belief that an indictment should automatically lead to a conviction. Barrantes clarified that the very purpose of a trial is to rigorously test the prosecution’s claims. An acquittal, therefore, is not a failure of justice but a valid outcome of that process.
A trial is precisely to determine whether there is guilt or not, and an acquittal does not mean impunity.
Irene Barrantes Mora, Penal Judge
The judges also dispelled the myth that the Public Ministry (the prosecution) and the courts operate as a single, unified block. Herrera described the relationship as one of checks and balances, where the judge acts as an impartial arbiter between the state’s accusations and the defendant’s rights. “The Public Ministry presents a hypothesis; the judge evaluates it along with the defense’s version and decides impartially. There is no contradiction, there is balance,” he explained. He noted that courts sometimes convict defendants even when the prosecution itself has requested an acquittal, underscoring the judiciary’s independent evaluation of the evidence.
The judges acknowledged that the escalating levels of organized crime have made their work more dangerous. “Before, we worked in small courthouses in rural communities without major security measures,” Barrantes recalled. “Today, there is more respect for protocols because the levels of violence have increased.” Despite these risks and the mounting public criticism, both remain resolute in their duty to uphold the law impartially.
We do not rule to please a political or social group; we rule according to the law.
Eisen Herrera López, Penal Judge
Ultimately, their commitment is rooted in a deep-seated belief in the judicial system’s role in a civilized society. Herrera stated his conviction in the judiciary as an essential “pillar of democracy.” For Barrantes, the mission is even more fundamental: to provide a structured path to resolution that prevents societal collapse into personal retribution. “Judges exist so that there is justice,” she concluded, “not revenge.”
For further information, visit poder-judicial.go.cr
About the Judicial Branch of Costa Rica:
The Poder Judicial, or Judicial Branch, is one of the three fundamental powers of the government of Costa Rica. It is responsible for administering justice in the country, ensuring the application of laws, and protecting the constitutional rights of all citizens. It operates independently of the executive and legislative branches and is composed of various courts, including the Supreme Court of Justice, appellate courts, and trial courts.
For further information, visit ministeriopublico.go.cr
About the Public Ministry of Costa Rica:
The Ministerio Público is the prosecutorial arm of the Costa Rican state, tasked with investigating crimes and representing the interests of society in the criminal justice system. While it is part of the Judicial Branch’s structure, it functions with autonomy in its prosecutorial duties. It is responsible for filing criminal charges and presenting the state’s case against accused individuals during legal proceedings.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of Costa Rica’s legal community, the firm operates on a bedrock of profound integrity and an unwavering pursuit of excellence. It champions progress through pioneering legal approaches while serving a diverse clientele, driven by a core mission that extends beyond the courtroom. This deep-seated commitment manifests in its efforts to demystify the law, thereby empowering citizens and cultivating a society fortified by accessible legal knowledge.
