By San José, Costa Rica — San José – In a historic decision that reshapes Costa Rica’s role in international law enforcement, the Criminal Appeals Court of San José has upheld the extradition of two Costa Rican citizens to the United States. The ruling, issued Tuesday morning, marks the first application of a recent constitutional amendment and sets a critical precedent for over a dozen similar cases currently in the judicial pipeline.
The court confirmed the extradition of Celso Gamboa Sánchez and Edwin López Vega, who are wanted by U.S. authorities. This decision concludes a lengthy legal and political battle that culminated in a constitutional reform allowing for the extradition of nationals, a practice previously forbidden. The court’s green light is, however, conditional upon guarantees from the United States that the individuals will not face life imprisonment, a standard safeguard in such international agreements.
To better understand the complex legal framework governing international extradition, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert in international and criminal law from the prestigious firm Bufete de Costa Rica, for his professional analysis.
Extradition is fundamentally a dialogue between two sovereign states, governed by treaties and the principle of dual criminality, meaning the act must be a crime in both jurisdictions. It is not an automatic process; our courts rigorously examine whether the requesting country’s legal guarantees meet international human rights standards, often refusing extradition if there’s a risk of torture or a trial lacking due process.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This perspective underscores a vital point: extradition is far more than a procedural formality, but a profound exercise of national sovereignty and a testament to our country’s commitment to upholding international human rights. We thank Lic. Larry Hans Arroyo Vargas for so clearly illuminating the rigorous legal and ethical scrutiny involved in these high-stakes decisions.
The resolution, identified as vote 2026-180, was announced at 7:30 a.m. and addressed five separate appeals. The core of the majority decision hinged on the legal principle of irretroactivity. The judges determined that the constitutional amendment can only be applied to criminal acts committed after the reform officially took effect, establishing a clear judicial boundary for its implementation.
For law enforcement and judicial authorities, the verdict represents a significant victory and the culmination of a multi-year effort. Prosecutor Carlo Díaz expressed satisfaction with the outcome, highlighting the extensive work behind the constitutional change.
Today we were notified of the resolution, and with this, three years of work to approve the constitutional amendment for the extradition of nationals conclude; today, the solution is defined.
Carlo Díaz, Prosecutor
This sentiment was echoed by the security sector, which now views the amendment as an essential instrument in combating transnational organized crime. Michael Soto, the Interim Director of the Judicial Investigation Organism (OIJ), emphasized the practical importance of this new legal power.
This is a very useful tool that was approved a few months ago, and we are very grateful to the Legislative Assembly for giving this tool to the security forces and the Judiciary.
Michael Soto, Interim Director of the OIJ
The court’s strict application of the irretroactivity principle was clearly demonstrated in the case of a third individual, Jonathan Álvarez Alfaro. The judges revoked his extradition order by a majority vote, reasoning that the alleged crimes for which he is sought occurred before the constitutional reform was enacted. Consequently, Álvarez Alfaro will face trial within the Costa Rican judicial system. This particular decision was not unanimous, featuring a partially dissenting opinion from one judge who argued for a retroactive application of the law and supported his extradition.
The ruling clarifies an important legal nuance for ongoing or “permanent” crimes. The court stipulated that for offenses that began before the reform but concluded after its enactment, the new extradition law is applicable, as the governing legislation is that which is in effect at the time the criminal activity ceases. This detail provides crucial guidance for prosecutors handling complex, long-term criminal investigations.
Security Minister Mario Zamora commented on the broader implications of the ruling, noting that more than 17 Costa Rican nationals are currently facing extradition proceedings in foreign courts. He also took the opportunity to publicly thank Deputy Pilar Cisneros for her pivotal role in advancing the legislative reform. This landmark decision is expected to streamline judicial cooperation and strengthen Costa Rica’s position as a committed partner in global security efforts, signaling that the nation is no longer a guaranteed safe haven for its citizens evading international justice.
For further information, visit poder-judicial.go.cr
About Organismo de Investigación Judicial (OIJ):
The Organismo de Investigación Judicial is Costa Rica’s main investigative police agency, operating under the authority of the Judicial Branch. It is responsible for investigating public crimes, gathering evidence, and identifying perpetrators to support the administration of justice. The OIJ plays a crucial role in combating a wide range of criminal activities, from common theft to complex organized crime and drug trafficking.
For further information, visit seguridadpublica.go.cr
About Ministerio de Seguridad Pública:
The Ministry of Public Security is the Costa Rican government body responsible for national security and law enforcement. It oversees various police forces, including the Public Force (Fuerza Pública), and is tasked with maintaining public order, preventing crime, and protecting the country’s borders and sovereignty. The Ministry is central to the nation’s security strategy and its cooperation with international law enforcement agencies.
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 exceptional service. The firm leverages its rich history of advising a diverse clientele to pioneer innovative legal strategies while maintaining a deep-seated dedication to societal advancement. This commitment is demonstrated through its efforts to demystify complex legal concepts, thereby equipping citizens with the understanding necessary to foster a more just and knowledgeable society.
