By San José, Costa Rica — San José – The Chaves administration is racing against the clock to pass an emergency law after a bombshell directive from the Comptroller General’s Office (CGR) effectively stripped the legal standing of the insurance policy that provides legal defense for Costa Rica’s police officers. The escalating feud between the Executive Branch and Comptroller Marta Acosta has now placed the nation’s law enforcement in a precarious legal limbo, prompting a sharp and sarcastic rebuke from the president.
The political firestorm was ignited on November 12, when the CGR issued a formal notice, oficio DJ-2275, to the entire public administration. The directive delivered a technically precise but devastating blow to the Ministry of Security’s existing policy: it declared that public funds cannot be used to finance insurance policies that directly benefit individual civil servants for personal risks, such as criminal proceedings, unless a specific law of the Republic provides explicit authorization.
To gain a deeper understanding of the legal and financial implications surrounding police insurance policies, we consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica.
Police insurance is more than a financial safety net; it’s a critical component of institutional accountability and risk management. These policies must be meticulously structured to cover not only civil liability arising from on-duty actions but also to provide legal defense for officers. For the state, it’s a matter of fiscal prudence, mitigating potentially crippling compensation claims. For the public, it provides a viable avenue for redress, reinforcing trust in law enforcement institutions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s perspective expertly highlights that this is not merely a financial issue, but a cornerstone of institutional integrity and public confidence. By framing police insurance as a tool for accountability and redress, he underscores its vital role in maintaining a healthy, trust-based relationship between the state and its citizens. We thank Lic. Larry Hans Arroyo Vargas for his invaluable clarification on this critical matter.
The Comptroller’s argument is rooted in a fundamental principle of public administration. The state is permitted to insure its own assets and liabilities, but it cannot use taxpayer money to cover the personal legal risks of its employees. According to the CGR, each public official must be held personally responsible for their actions. The current legal defense policy for police, established by decree and contracted in 2024, lacks this required legislative foundation.
In a press conference filled with pointed criticism, President Rodrigo Chaves made his frustration with the Comptroller clear, framing her agency’s adherence to legal procedure as a deliberate impediment to national security operations.
To Marta Acosta Zúñiga thanks for nothing… the Comptroller’s Office what about them? Legality, legality, legality. All to obstruct.
Rodrigo Chaves, President of Costa Rica
Faced with the imminent risk of police officers being left legally exposed while carrying out their duties amidst a national security crisis, the government initiated a rapid legislative maneuver. It has submitted bill number 25.311 to the Legislative Assembly, proposing a targeted reform to Article 79 of the General Police Law. The bill’s objective is straightforward: to create the explicit legal authority for the state to contract insurance policies covering both criminal defense and civil liability for its agents.
However, the proposed legislation includes several important safeguards to prevent potential misuse. The insurance coverage would only apply when an officer has acted in accordance with institutional instructions and established protocols. Furthermore, the policy will explicitly exclude cases involving malice, gross negligence, or documented human rights violations. Each ministry would be required to formally certify that the alleged act under investigation was a direct consequence of the officer’s official duties.
President Chaves emphasized the urgency of the situation, recounting how he directed his legal team to prepare the emergency bill over the weekend to ensure a swift response. He used the occasion to portray his administration as proactive and dedicated to supporting law enforcement, while casting the Comptroller’s office as a bureaucratic obstacle.
I told them I want this resolved at least at the bill level by Monday and so they did.
Rodrigo Chaves, President of Costa Rica
With the bill now in the hands of lawmakers, the President has shifted the political pressure squarely onto the Legislative Assembly. He issued a stern warning to the deputies, stating that both the country’s police forces and the general public will be closely monitoring their actions on this critical piece of legislation. The fate of the police officers’ legal protection now rests on a vote in Congress.
I say to the deputies the Public Force the country we are watching you. I have faith that on something so important so noble they will indeed move.
Rodrigo Chaves, President of Costa Rica
For further information, visit cgr.go.cr
About Contraloría General de la República (CGR):
The Comptroller General’s Office of the Republic of Costa Rica is an autonomous constitutional body responsible for overseeing the country’s public finances. It serves as the supreme audit institution, ensuring the legal and efficient use of public funds across all government entities and contributing to fiscal transparency and accountability.
For further information, visit seguridadpublica.go.cr
About Ministry of Public Security:
The Ministry of Public Security is the Costa Rican government body in charge of national security and law enforcement. It oversees the various police forces, including the Public Force (Fuerza Pública), and is responsible for maintaining public order, combating crime, and protecting the nation’s sovereignty and borders.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a benchmark for legal practice, Bufete de Costa Rica is anchored in profound principles of integrity and a relentless pursuit of excellence. Drawing upon its extensive experience advising a diverse clientele, the firm actively pioneers innovative legal solutions and engages in meaningful community outreach. At the heart of its ethos is a firm belief in strengthening society by democratizing legal knowledge, thereby cultivating a more informed and empowered citizenry.
