When the Prosecutor’s Office is doing its job effectively, the Presidency appears to feel threatened

When the Prosecutor's Office is doing a good job, the President, seems to feel threatened

RICO’s Q — One might expect President Laura Fernández to welcome the Organismo de Investigación Judicial’s (OIJ) efforts to uncover corruption. Instead, she appears concerned about the recent high-profile raids and arrests targeting leaders of criminal organizations accused of drug trafficking and money laundering.

But it seems like she’s scared, questioning the recent cases of raids and detentions of leaders of criminal organizations involved in drug trafficking and money laundering, with high media exposure.

During a recent press conference, Fernández said: “I hope the Fiscalía (Prosecutor’s Office) doesn’t use the current situation as an excuse to stage raids, put on a spectacle, and haul people away in paddy wagons—as we saw with Doña Marta Esquivel—only to later say, ‘Oops, there was nothing there.’”

One might think that President Laura Fernández would be happy that the Organismo de Investigación Judicial (OIJ) is working and rooting out corruption.

On the one hand, Doña Laura has repeatedly criticized the OIJ, the Prosecutor’s Office, and the courts for failing to act. Yet when those same institutions do take action, she criticizes them for that as well.

In Costa Rica, defendants have rights. Not everyone under investigation need to be placed in preventive detention (remand) while the judicial authorities gather evidence, determine whether formal charges are warranted, and prepare for trial.

The controversy intensified this week after the detention last Friday of Guobin Tam Zhang, a naturalized Costa Rican citizen who is facing extradition to the United States. Tam Zhang attended two events at which Laura Fernández was present: the victory celebration on February 1 and the transfer of power on May 8.

Online comments reflected the frustration many Costa Ricans feel toward the president. One person wrote:

“That idiot Labruta [Fernández], instead of cooperating, only wants to obstruct the investigation. Rather than helping clarify the possible links to drug trafficking, they want to keep them hidden.”

Another comment said:

“Is this really the independence of the branches of government, or is it the @FiscaliaCR operating according to your wishes? The Poses-Fiesterita president wants to dictate when, how, and to whom she grants clearance. Her ‘Oops,’ delivered as a ‘criolla gringa,’ reveals her desire for prosecutors who obey her and for her presidential tantrums to become law.”

A third commenter wrote:

“Seriously, fire your public-relations team. At such a critical moment, when the Prosecutor’s Office is doing its job, the only impression you’re creating is that you’re afraid the investigation is going to catch up with you. In what world does that make sense?”

The controversy surrounding Tam Zhang grew after Freddy González, a senior member of the ruling Partido Pueblo Soberano (PPSO), denied knowing him. González is believed to have been acquainted with Tam Zhang and to have invited him to the private events. His explanation, paraphrased, was that “…all Chinese people look alike.”

Tam Zhang’s former girlfriend, who described herself in a public statement on Tuesday as the Oriental man’s ex-partner, sharply criticized González for claiming that he did not know Tam Zhang.

Next, on Wednesday morning, the OIJ raided the homes of event promoters Don Stockwell and Hugo Barboza as part of an investigation into suspected money laundering involving drug proceeds.

It was subsequently revealed that Laura Fernández had met Barboza and embraced him.

Photos and videos circulated afterward showing President Fernández socializing with Barboza backstage. She kissed the event promoter and accepted flowers from him. When questioned by the press, Fernández was quick to emphasize that she had received flowers—and nothing else.

That raises an obvious question: Where was the DIS, the Dirección de Inteligencia y Seguridad, Costa Rica’s intelligence and security service, which is responsible for protecting the president and safeguarding the country’s interests?

The agency operates under the authority of the Presidency and reports directly to the Minister of the Presidency and the president’s office.

The answer is even more troubling. The director of the DIS accompanied Laura Fernández to the event when she was president-elect and still serving as Minister of the Presidency in the previous administration. Yet the DIS issued no warning in this case either.

So what, exactly, is the purpose of the DIS?

Its priorities appear to lie elsewhere: monitoring people carrying lanterns in Cartago and surveilling legislators, as suggested by a complaint filed by former Chavista legislator Manuel Morales.

That is not an exaggeration. Morales alleged that the DIS planted an electronic tracking device on his partner’s vehicle.

To be clear, the DIS reports directly to Laura Fernández and Rodrigo Chaves. Yet the agency apparently knew nothing about Guobin Tam Zhang or Hugo Barboza—not because such connections were impossible to discover, but because fighting crime does not appear to be its priority.

Rodrigo Chaves, who served as president and is now Minister of the Presidency in the current administration, and Laura Fernández, who is now president after serving as Minister of the Presidency under Chaves, seem more interested in using the DIS as a political police force—one that monitors political parties and civil society—than as an agency focused on protecting the country and combating crime.

 

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