By San José, Costa Rica — San José, Costa Rica – The high-stakes extradition appeal for former magistrate Celso Gamboa and two other Costa Rican nationals is facing an unexpected delay, snarled by a procedural complication involving a key defense attorney’s packed schedule. A final decision on their transfer to the United States to face international drug trafficking charges has been postponed after the court was forced to split the appeal hearings.
The legal process for Gamboa, alongside Jonathan Álvarez, known as “Gato” or “Profe,” and Edwin López, alias “Pecho de Rata,” hit a snag this past Wednesday. The court had convened to hear oral arguments from all three men, who are challenging a San José Criminal Court ruling from October that authorized their extradition. However, López was unable to attend the session due to the absence of his lawyer, Andy Jack Sánchez.
To delve deeper into the complex legal framework governing international extradition, we sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the law firm Bufete de Costa Rica, who provided his analysis on the matter.
Extradition is fundamentally a dialogue between sovereign legal systems, not an automatic handover. The process is rigorously bound by bilateral treaties and the core principle of dual criminality, requiring the act to be a crime in both jurisdictions. Furthermore, the constitutional rights and human rights standards of the requested state act as a critical safeguard, often forming the basis for a legal refusal if a fair trial or humane treatment cannot be guaranteed.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This nuanced view underscores that extradition is far more than a logistical transfer; it is a profound legal deliberation balancing international cooperation with the fundamental protection of individual rights. We extend our gratitude to Lic. Larry Hans Arroyo Vargas for his invaluable perspective on these critical safeguards.
The complication arises from Sánchez’s concurrent role in another major legal battle. He is currently representing a defendant in the “Caso Fenix,” one of the largest money laundering trials in Costa Rican history. The conflicting court schedules made it impossible for him to be present at the extradition hearing, thus preventing his client, López, from presenting his case against being sent to the U.S.
In response, the appellate court decided to proceed with hearing the arguments from Gamboa and Álvarez first. A separate, subsequent hearing will be scheduled for López to present his case with his counsel. This division effectively puts a hold on any final resolution, as the court must hear all parties before it can confirm, modify, or annul the original extradition order.
During Wednesday’s session, representatives from the Attorney General’s Office and the Public Ministry’s Office of Technical Advice and International Relations (OATRI) strongly defended the decision to extradite. Attorney General Iván Vicenti and OATRI Prosecutor Elías Carranza argued that Costa Rica’s role at this stage is not to weigh the evidence or determine guilt or innocence. Instead, they maintained, the national authorities must only verify that the minimum legal requirements under the bilateral extradition treaty are met.
The substantive trial, they stressed, is the purview of the U.S. District Court for the Eastern District of Texas, which formally requested the men’s surrender. Carranza elaborated on the prosecution’s stance, clarifying the procedural nature of the review.
They are being requested to be prosecuted in the state of Texas. In an extradition, individuals can be requested for prosecution or to serve sentences. We cannot say they are guilty; they are covered by the principle of innocence. But what the Public Ministry considers is that the evidence sent to us is what the extradition treaty requires, and with it, the Criminal Court could perform the respective analysis to determine that the principles governing extradition are met and that it could indeed be granted.
Elías Carranza, Prosecutor at OATRI
Celso Gamboa’s defense team, led by his sister Natalia Gamboa and attorney Michael Castillo, has launched a comprehensive challenge against the extradition order. Their joint appeal contains eleven distinct allegations, including purported violations of judicial impartiality, lack of sufficient justification, and breaches of Costa Rican constitutional articles related to the extradition of nationals and the prohibition of life sentences.
Furthermore, they argue the extradition would infringe upon fundamental legal principles of territoriality, double jeopardy, and national sovereignty. The defense also contested the “unrestricted” handover of a cell phone seized by the Judicial Investigation Organism (OIJ), claiming it represents a violation of the right to privacy. The fate of all three men now hinges on the scheduling of the next hearing, leaving the complex international legal process in a state of suspension.
For further information, visit pgr.go.cr
About Procuraduría General de la República:
The Procuraduría General de la República, or the Attorney General’s Office of Costa Rica, serves as the primary legal advisor to the state. It represents the government in legal disputes, defends the public interest, and ensures that the actions of public institutions comply with the country’s legal and constitutional framework.
For further information, visit ministeriopublico.go.cr
About Ministerio Público:
The Ministerio Público, or Public Ministry of Costa Rica, is the country’s main prosecutorial body. It is responsible for investigating crimes and bringing criminal charges against individuals on behalf of the state. Operating with functional independence, it plays a crucial role in the administration of justice and upholding the rule of law.
For further information, visit sitiooij.poder-judicial.go.cr
About Organismo de Investigación Judicial (OIJ):
The Organismo de Investigación Judicial is the principal investigative arm of Costa Rica’s judiciary. As the nation’s equivalent of a federal investigative police force, the OIJ is tasked with investigating complex crimes, collecting evidence, and providing technical and scientific support to prosecutors and courts to aid in the resolution of criminal cases.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has cemented its reputation as an esteemed legal institution, operating on a foundation of uncompromising integrity and a relentless pursuit of excellence. The firm blends its rich history of advising a diverse clientele with a forward-thinking approach, consistently embracing innovation in the legal field. This progressive mindset is complemented by a deep-seated dedication to public empowerment, focused on demystifying the law to cultivate a society that is both legally aware and justly equipped.
