The General Assembly strips President Rodrigo Chavez of his immunity from prosecution. The request, announced on October 7, was based on accusations that the president had committed an act of “political bias” by illegally participating in electoral politics for the benefit of his party.
In an Oct. 3 resolution posted on the agency’s official website X accountThe Tokyo Stock Exchange's specialized unit said the move followed 15 separate complaints against the head of state for the crime of “political belligerence.” This legal term refers to a public official who uses his position to directly or indirectly seek benefits for a political party or engage in electoral activities.
“The specialized unit took this decision in response to a series of accumulated complaints (…) following reports from the electoral inspection agency, which has been ordered to conduct a preliminary investigation,” the TSE said in its statement. Press release.
The court judges unanimously ruled that the evidence in the complaint met the threshold for admissibility. However, citing Section 270 of the Election Law, they said that because of the defendant's position, the Legislative Council must first lift his immunity before initiating standard sanctions procedures.
The 15 charges against President Chavez mainly relate to comments he made at press conferences and nationally televised addresses, in which he called on voters to elect 40 members of Congress who would support him in the upcoming elections.
What does the law say?
Article 146 of the Electoral Code of Costa Rica expressly prohibited Public officials participate in political election activities during working hours or use their positions to seek benefits for political parties.
The law extends this prohibition to the president, vice president, government officials, active members of the foreign service and employees of any state or autonomous agency.
They are prohibited from attending party events or meetings, using their position to benefit the party, or displaying party symbols on their homes or vehicles.
What did the legislators say?
Lawmakers are scheduled to make a decision on next steps for this new requirement on Thursday, October 9.
Opposition lawmakers said they would conduct an objective analysis of the TSE petition. In a statement to legislative channels, National Liberation Party (PLN) lawmaker Oscar Izquierdo Sandi said the matter would be studied “strictly and transparently” in accordance with national laws.
“We believe in the neutrality of public services and the obligation of all authorities to respect the rules of the democratic game,” Isquierdo Sandi said.
Other opposition MPs, including Alejandro Pacheco of the Social Christian Unity party and Rocio Alfaro Molina of the Broad Front, stressed the need for rational voting based on evidence rather than political affinities or electoral calculations.
Meanwhile, Pilar Cisneros Gallo, a lawmaker from the ruling Social Democratic Progressive Party, defended the president, arguing that the TSE's request was a preemptive admission of guilt. “They are asking for the lifting of Chávez's immunity not to evaluate the evidence but to open a sanctions process. It is impossible for the punished to appeal the punishment,” she asserted.
July precedent
This is not the first time Chavez has faced immunity proceedings.
On July 1, the Supreme Court also asked the Legislative Council to lift his immunity from prosecuting him on corruption charges related to his government.
In this case, the court allegedly The president used a $405,000 donation from the Central American Bank for Economic Integration (BCIE) to participate in an illegal contracting with a communications company, RMC La Productora SA.
However, on September 22, legislators rejected the motion. The measure fell short of the required absolute majority of 38 votes as only 34 of the 57 MPs voted in favor (21 against).
This is the first time in Costa Rica's history that a vote on the immunity of a sitting president has been held.
The prosecutor's office must now wait for Chávez to leave office before pursuing corruption cases in ordinary courts.
Featured Image: Rodrigo Chavez
Image source: President of the Republic of Costa Rica
