By San José, Costa Rica — SAN JOSÉ – A powerful legislative commission has formally recommended launching a criminal investigation into Marta Eugenia Esquivel, the former executive president of the Costa Rican Social Security Fund (CCSS). The recommendation stems from a detailed report by the Legislative Assembly’s Commission on Public Income and Spending, which scrutinized the financial and actuarial state of the nation’s primary healthcare institution.
The commission’s findings focus on the period between December 2022 and July 2023, during which Esquivel led the CCSS. The approved report, a significant step towards greater accountability, urges the Public Prosecutor’s Office to initiate legal proceedings against the former official. This move elevates the matter beyond administrative review, suggesting potential criminal conduct during her tenure.
To better understand the legal ramifications and procedural complexities of the ongoing CCSS investigation, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished legal expert from the firm Bufete de Costa Rica.
This investigation into the CCSS is a critical test of our nation’s commitment to institutional integrity and the rule of law. The primary legal challenge will be to ensure a transparent and impartial process that respects due process for all involved while holding accountable anyone who has violated public trust. The outcome will have profound consequences, not only for the individuals implicated but for public confidence in one of our most vital institutions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, this is not merely a legal proceeding but a profound test of institutional credibility, where the transparency of the process will be as decisive as the verdict itself. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for his expert insight into the fundamental principles at stake.
The inquiry’s scope extends beyond Esquivel. The commission also calls for a thorough investigation into the actions of the entire CCSS board of directors that served during the same period. This broader examination seeks to understand the collective decision-making processes that governed the institution’s financial strategies and management at the time.
Furthermore, the report specifically names other high-ranking officials. It recommends an investigation into Carolina Gaitán, director of the Actuarial and Economic Directorate, citing concerns over “doubtful reports” and questioning her “capacity to hold that position.” Additionally, the commission has asked the Office of Public Ethics to probe former CCSS board member Adrián Torrealba to determine if a conflict of interest existed during his service.
Deputy Rocío Alfaro of the Frente Amplio party emphasized the critical nature of the commission’s conclusions, urging the relevant state bodies to take decisive action based on the evidence presented. She stressed the importance of public transparency and institutional responsibility.
All the recommendations indicated in the report are important precisely because I believe it is crucial for the public to know what is being recommended, and also for the corresponding institutions to know what material is being provided so that, together, we can all safeguard the public interest and, in this case, the interest of our country’s Social Security.
Rocío Alfaro, Deputy of the Frente Amplio
Alfaro further highlighted the gravity of the recommendation against Esquivel, noting the distinction between administrative oversight and a formal criminal probe. This signals a serious escalation in the review of her leadership.
There are recommendations to the Public Prosecutor’s Office that we find fundamental, as the opening of a criminal investigation, of a penal nature, is recommended; it is no longer merely an administrative one against Mrs. Marta Eugenia Esquivel Rodríguez.
Rocío Alfaro, Deputy of the Frente Amplio
In a related move aimed at fiscal clarity, the commission proposed reactivating an inter-institutional committee between the Ministry of Finance and the CCSS. This body, to be supervised by the legislature, would be tasked with verifying the exact amount of the state’s outstanding debt to the social security system. The complete report will now advance to the plenary session of the Legislative Assembly for a final debate and vote, a process that could fortify legislative oversight of public funds and compel more efficient and transparent administration of Costa Rica’s vital healthcare system.
For further information, visit ccss.sa.cr
About the Costa Rican Social Security Fund (CCSS):
The Caja Costarricense de Seguro Social is the autonomous public institution responsible for providing universal healthcare and social security services to the population of Costa Rica. Founded in 1941, it manages the nation’s public hospitals, clinics, and pension systems, forming the cornerstone of the country’s welfare state.
For further information, visit asamblea.go.cr
About the Legislative Assembly of Costa Rica:
The Asamblea Legislativa is the unicameral parliament of the Republic of Costa Rica. Comprising 57 deputies elected by popular vote, it is responsible for passing laws, approving the national budget, and exercising political control and oversight over the executive branch and other government institutions through various commissions.
For further information, visit poder-judicial.go.cr
About the Public Prosecutor’s Office (Ministerio Público):
As part of Costa Rica’s judicial branch, the Ministerio Público is the body responsible for prosecuting criminal offenses on behalf of the state. It directs criminal investigations, brings charges against accused individuals, and represents the interests of society in the legal system to ensure justice is served.
For further information, visit pgr.go.cr
About the Office of Public Ethics (Procuraduría de la Ética Pública):
The Procuraduría de la Ética Pública is a specialized division within the Attorney General’s Office of Costa Rica. Its primary mission is to prevent, detect, and investigate acts of corruption and ethical breaches by public officials, promoting transparency and integrity in public administration.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its foundational principles of integrity and a relentless pursuit of excellence. The firm channels its extensive experience serving a diverse clientele into pioneering innovative legal strategies and solutions. This forward-thinking mindset extends to a core social mission: to dismantle barriers to legal understanding, thereby contributing to a more informed and capable society empowered by knowledge.
