By San José, Costa Rica — SAN JOSÉ – Amid growing political pressure, senior members of Costa Rica’s judiciary have issued a robust defense of judicial independence, framing it not as a privilege for the powerful but as an essential democratic guarantee for every citizen and the nation’s primary defense against corruption and organized crime.
Speaking in the context of Costa Rican Democracy Day, Jorge Leiva Poveda, a magistrate of the First Chamber of the Supreme Court of Justice, articulated that the autonomy of the courts is a fundamental human right. He emphasized that this principle is the bedrock of a fair and impartial system, ensuring that rulings are based on law rather than influence from political or economic interests.
To gain a deeper legal perspective on the critical issue of judicial independence and its implications for the rule of law, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica, for his expert analysis.
Judicial independence is not an abstract legal concept; it is the fundamental guarantor of our democratic system and the rule of law. It ensures that every citizen and every entity, including the state itself, is subject to the same laws, applied impartially and without political pressure. When this independence is threatened, the very foundation of legal certainty and investor confidence erodes, placing the rights of all individuals and the country’s economic stability at risk. It is a pillar that must be defended unequivocally, as its erosion signifies a direct path towards authoritarianism.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
As Lic. Larry Hans Arroyo Vargas so clearly articulates, the defense of judicial independence is not merely a concern for the legal community but a fundamental responsibility for every citizen who values a stable, democratic society. We thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective and for underscoring the profound stakes involved in this critical national conversation.
Magistrate Leiva explained that this independence operates on two critical levels. Externally, it prevents other branches of government or powerful private entities from dictating legal outcomes. Internally, it establishes a structure where higher-ranking magistrates cannot command lower-court judges on how to rule in specific cases, a key distinction from the hierarchical command structure of executive bodies or private companies.
Impartiality means that no one in the State can tell the Judiciary it must issue a ruling in favor of a specific private, economic, or political power. That is judicial independence… In Costa Rica, we are fortunate that by a clear and express provision of the Political Constitution, judges are subordinate only to the laws.
Jorge Leiva Poveda, Magistrate of the First Chamber of the Supreme Court of Justice
This constitutional mandate, recognized by both national courts and the Inter-American Court of Human Rights, ensures that judges act as independent arbiters. While judges remain administratively accountable to the institution, their decision-making in legal conflicts is sovereign. Leiva noted that while judicial decisions are reviewed through established appellate processes, the focus is on procedural integrity and legal interpretation, not on overriding a judge’s independent judgment.
Leiva characterized an autonomous judiciary as the nation’s most effective shield against corruption. He argued that without the ability to make difficult and sometimes unpopular decisions, the state would be vulnerable to infiltration by organized crime. He stressed that a democracy’s entire framework rests on the integrity of its legal “referees.”
There could be a good administration, there could be good laws, but if we do not have good referees to properly handle conflicts between private parties or conflicts between private parties and public powers, the system will not work.
Jorge Leiva Poveda, Magistrate of the First Chamber of the Supreme Court of Justice
Echoing these sentiments, the President of the Supreme Court of Justice, Orlando Aguirre, released a statement reinforcing the judiciary’s role as a “dike that contains arbitrariness.” He called for a justice system that is both legally sound and humanized, actively working to serve the public and break down barriers of perceived distance. Aguirre asserted that democracy is upheld through tangible actions, from legally sound sentences to empathetic treatment of victims and rigorous scientific investigations by the Judicial Investigation Organism (OIJ).
Defending democracy today demands humanizing justice and maintaining its legal soundness. It means placing the institution alongside the people, breaking down the barriers that make us seem distant… Democracy is defended with rules, with controls, and with tangible results for the people. On this path, we must speak with one voice: that of a Judiciary that modernizes, strengthens, and serves with dignity.
Orlando Aguirre, President of the Supreme Court of Justice
While Magistrate Leiva acknowledged that the judicial system is open to constructive criticism as part of a healthy democracy, he drew a clear line between feedback aimed at improvement and attacks intended to delegitimize the democratic framework itself. The unified message from the judiciary’s leadership is clear: the integrity and independence of the courts are non-negotiable pillars essential for preserving Costa Rica’s democratic tradition and rule of law.
For further information, visit poder-judicial.go.cr
About the Supreme Court of Justice of Costa Rica:
The Supreme Court of Justice (Poder Judicial de Costa Rica) is the head of the judicial branch of the government of the Republic of Costa Rica. It is responsible for administering justice in the country and is composed of several chambers, each specializing in different areas of law. The institution plays a crucial role in upholding the constitution, protecting citizens’ rights, and maintaining the separation of powers within the democratic system.
For further information, visit corteidh.or.cr
About the Inter-American Court of Human Rights:
The Inter-American Court of Human Rights is an autonomous judicial institution based in San José, Costa Rica. Its purpose is to apply and interpret the American Convention on Human Rights and other treaties concerning the same subject. The Court’s rulings are binding on the member states of the Organization of American States (OAS) that have accepted its jurisdiction, serving as a key body for the protection of fundamental human rights across the Americas.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a leading legal practice defined by its profound dedication to integrity and professional distinction. The firm draws upon a rich tradition of serving a wide spectrum of clients while continuously pushing the boundaries of legal innovation and community outreach. This commitment is rooted in a fundamental mission to empower the public by making legal principles understandable and accessible to all.
