Q COSTA RICA — Legislator Antonio Trejos Mazariegos has filed a criminal complaint against President Laura Fernández and former President Rodrigo Chaves over the appointment of Pablo Esteban Martínez Bertozzi as director of the country’s intelligence service, the Dirección de Inteligencia y Seguridad Nacional (DIS).
The complaint, submitted on October 15 by the Frente Amplio (FA) party legislator, asks the Attorney General’s Office to determine whether the appointment violated legal requirements for senior police positions. Martínez Bertozzi took office on June 1, 2026.
The dispute centers on a requirement in Article 65 of Costa Rica’s General Police Law. The provision states that directors of certain police bodies must hold at least the rank of commissioner. According to a response issued by the Presidential Office, Martínez Bertozzi does not hold a police rank.
Trejos argues that the appointment could constitute the crime of illegal appointments under Article 344 of the Penal Code. He is asking prosecutors to investigate the roles played by Fernández, Chaves, and other officials involved in preparing, reviewing and approving the appointment documents, as well as whether they knew the candidate did not meet the statutory requirement.
Government defends the appointment
The government has acknowledged that Martínez Bertozzi has no police rank but maintains that his appointment was lawful. The executive branch has cited Article 62 of the General Police Law and Article 4 of the DIS’s organizational regulations.
Those provisions allow the agency’s directorate to be occupied by a professional in a relevant field or by someone whose technical experience and suitability in security qualify them for the position, according to the administration’s argument. Martínez Bertozzi is a lawyer and previously served as a presidential adviser during Chaves’s administration. Infobae
Trejos disputes that interpretation. His central argument is that an administrative regulation cannot eliminate or replace a condition established by statute. The complaint therefore asks prosecutors to establish whether the legal provisions cited by the government can support the appointment and whether legal opinions or technical reports were prepared before the decision was approved.
Records raise additional questions
The complaint also refers to a September 4 document from the Ministry of Public Security listing officials who hold at least the ranks of commissioner or commander. Martínez Bertozzi reportedly does not appear on that list.
Trejos is asking the Attorney General’s Office to obtain an official certification clarifying whether Martínez Bertozzi held the rank of commissioner when he assumed the DIS position. If such a rank was granted or recognized, prosecutors are also being asked to determine when it occurred, which authority approved it and what legal reasoning supported the decision.
The lawmaker has not asserted that a police rank was granted to Martínez Bertozzi through a special procedure. He has asked prosecutors to investigate whether that happened.
Analysis: a legal test for executive discretion
The case presents a narrow but important question: how far can the executive branch rely on professional experience and regulatory language when a statute appears to impose a formal qualification?
The government’s position rests on the distinction between a political appointment and a technical eligibility requirement. Directors of government agencies may be appointed and removed at the president’s discretion, but that discretion normally operates within the limits imposed by law. The fact that a position is one of free appointment does not automatically mean that every candidate is legally eligible.
That distinction is likely to shape the investigation. If Article 65 is interpreted as an absolute requirement, the absence of a commissioner’s rank could undermine the appointment regardless of Martínez Bertozzi’s professional background. If the government’s interpretation of Article 62 and the DIS regulations prevails, prosecutors may conclude that the law permits a qualified civilian professional to lead the agency.
The 2024 decree adds another layer. If officials formally granted Martínez Bertozzi a qualifying rank, the legality of that action could become as important as the original appointment. Prosecutors would have to examine whether the decree was consistent with the General Police Law, whether the required technical recommendations existed and whether the executive authorities acted within their legal powers.
At this stage, the complaint is an allegation, not a finding of criminal responsibility. The Attorney General’s Office must still decide what investigative steps to take and whether the available documents justify further proceedings. The case will turn on the wording of the relevant laws, the administrative record and any evidence showing what Fernández, Chaves and other officials knew when the appointment was approved.
For the government, the dispute is a challenge to its interpretation of executive appointment powers. For the opposition, it is a test of whether statutory requirements can be bypassed through regulations or executive action. The outcome could affect not only Martínez Bertozzi’s tenure but also the rules governing who may lead Costa Rica’s intelligence and security institutions.