Q COSTA RICA — Under the argument that “public funds cannot be spent in secret,” Costa Rica’s four opposition parties in the Legislature decided to challenge President Laura Fernández’s declaration of national security as a state secret before the Constitutional Court (Sala IV).
The group, comprised of the Partido Liberación Nacional (PLN), the Frente Amplio (FA), the PUSC and Coalición Agenda Ciudadana (CA), filed a constitutional challenge, arguing that it constitutes “an affront to transparency, access to public information, and fiscal oversight.”
The “Democratic Bloc”, as the opposition calls itself, opposes the administration of security policies in the shadows under the pretext of a tailor-made “state secret.”
Oposición lleva secreto de Estado de Laura Fernández a la Sala IV
El grupo, conformado por el Partido Liberación Nacional, el Frente Amplio, el PUSC y Agenda Ciudadana, presentó una acción de inconstitucionalidad. pic.twitter.com/oTRWSjq1IL— Esteban Arrieta (@estarrar) August 19, 2026
“Hiding budgets, public purchases, and contracts behind the broad concept of ‘national security’ leaves citizens in a grave state of vulnerability to unilateral, arbitrary, and unconsulted decisions by the government in power. Citizens have the right to know how the resources we all contribute are being used, and the institutions responsible for overseeing them must be able to fulfill their function,” the group said.
The opposition also fears the potential purchase of the Israeli software (Pegasus, the military-grade mobile phone spyware developed by the Israeli cyber-intelligence firm) that could be used to spy on Costa Ricans, including journalists, opposition members of parliament, judges, academics, and other opponents to the government.
The concern stems from a public statement by former President and current Minister of Finance and Minister of the Presidency, Rodrigo Chaves, who mentioned that acquiring software used by Mossad, the Israeli intelligence agency, was under consideration.
“This (state secrecy) decree nullifies the right of citizens and legislative representatives to demand transparency and receive timely explanations regarding the use of public funds. Access to public information is the general rule, and state secrecy should be a strict and restricted exception,” the group stated.
Amid the fight against drug trafficking gangs, President Laura Fernández declared information concerning Costa Rica’s national security agency (Dirección de Inteligencia y Seguridad Nacional, DIS), the Elite Force, and security contracts to be state secrets.
The president had previously expressed concern about keeping some of the discussions and intelligence emanating from the Elite Force secret and, for this reason, even ordered polygraph tests for those who attended.
The Elite Force is a task force comprised of various police forces, judicial authorities, and high-ranking government officials tasked with combating drug trafficking and organized crime.
In this regard, the government justified its decision by arguing that the disclosure of certain data could compromise police operations, reveal institutional vulnerabilities, affect international commitments, and endanger the lives of officials and third parties in the face of the threat of organized crime.
State secrecy imposes an absolute duty of silence on all participants in these processes, including high-ranking officials, members of the police force, support staff, and advisors. The decree warns that those who fail to comply with this provision are subject to administrative proceedings, legal sanctions for breach of secrecy, and contract termination without liability for the administration.
“This decree serves to safeguard national defense actions, ensuring that the government is well protected and that what we are doing and will do does not fall into the hands of criminals. So, I reiterate, public information of national importance regarding security will remain public, but anything that could be dangerous for criminals to know will be classified as a state secret,” Fernández added.