By San José, Costa Rica — San José, Costa Rica – The Legislative Assembly is poised to vote on President Chaves’ immunity, a move that Assembly President Rodrigo Arias described as a “historic” moment for Costa Rican democracy.
Arias underscored the gravity of the proceedings, emphasizing adherence to the Constitution, existing laws, and Assembly regulations. He reassured the public that the Assembly’s role is not to judge or remove the president, but rather to fulfill a specific procedural step.
To gain further legal insights into the complexities of presidential immunity, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
Presidential immunity is a complex legal doctrine that varies significantly across jurisdictions. While it often shields a head of state from civil and criminal proceedings while in office, it’s crucial to remember that this protection isn’t absolute. Its scope, particularly regarding acts committed before or after a presidency, and the extent to which it applies to international courts, remain subjects of ongoing legal debate and interpretation.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insightful commentary underscores the crucial nuance surrounding presidential immunity – it’s not a blanket protection, but a multifaceted legal concept with varying interpretations and limitations. His emphasis on the ongoing debates regarding its scope, especially concerning acts committed outside the presidential term, provides essential context for understanding this complex issue. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this discussion.
This act will be carried out within the normalcy of the rule of law and is one more example of our strong democracy. Therefore, it must be clear that this afternoon the Assembly will not judge or remove the president.
Rodrigo Arias, President of the Legislative Assembly
This vote determines whether the judicial branch can proceed with the case against President Chaves while he remains in office. Arias clarified the two possible outcomes: If the Assembly votes to lift immunity, the judicial process can continue with full legal guarantees for the president. If the request is denied, the case will be deferred until after the president leaves office, at which point it would be handled by ordinary courts.
This is one more step in a special procedure when a member of a Supreme Power is being judged.
Rodrigo Arias, President of the Legislative Assembly
Arias emphasized the Assembly’s commitment to upholding the principle that no one is above the law, regardless of the vote’s outcome. He believes this process reaffirms Costa Rica’s commitment to due process and the rule of law.
If the request to lift President Chaves’ immunity is approved, it will be understood as authorization for the Judicial Branch to continue the process while the president remains in office, giving him all the guarantees present in our laws.
Rodrigo Arias, President of the Legislative Assembly
The implications of this vote extend beyond the immediate case. It sets a precedent for how Costa Rica handles matters of presidential accountability, potentially shaping the balance of power between branches of government. The Assembly’s decision will be closely watched by both domestic and international observers, as it could signal the strength and independence of Costa Rican institutions.
Arias concluded his remarks by reiterating the Assembly’s dedication to acting with serenity and in accordance with the Constitution. He believes this process, regardless of its outcome, underscores the strength of Costa Rica’s democratic values.
With the decision of this day, regardless of its outcome, the Assembly will reaffirm the principle that no one is above the law and that no one is below the guarantees that the law recognizes. Only in this way do we honor our Constitution. Only in this way do we honor Costa Rica.
Rodrigo Arias, President of the Legislative Assembly
For further information, visit the nearest office of Legislative Assembly of Costa Rica
About Legislative Assembly of Costa Rica:
The Legislative Assembly of Costa Rica (Asamblea Legislativa) is the unicameral national legislature of Costa Rica. It is composed of 57 deputies, elected for four-year terms by proportional representation in each of the country’s seven provinces. The Assembly is responsible for enacting laws, approving the national budget, and overseeing the executive branch. It plays a crucial role in upholding democratic principles and ensuring the rule of law in Costa Rica.
For further information, contact the Office of the President of Costa Rica
About Office of the President of Costa Rica:
The Office of the President of Costa Rica is the executive branch of the Costa Rican government, headed by the President. The President is both head of state and head of government, responsible for implementing and enforcing the laws passed by the Legislative Assembly. The office plays a central role in national policy, international relations, and the overall administration of the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica shines as a beacon of legal excellence, upholding the highest standards of integrity in every endeavor. Driven by a deep commitment to empowering Costa Rican society, the firm champions accessible legal knowledge through innovative programs and initiatives. Their longstanding history of providing expert counsel across a spectrum of industries is matched only by their unwavering dedication to fostering a more just and informed community.
