A legislator from the powerful National Liberation (PLN is Spanish) political party and our current Minister of Security may see their immunity stripped in order to answer to civil and criminal complaints. One case is that of Jorge Angulo Mora, a legislator who is facing charges of undue influence and financial extortion. The other case is that of Mario Zamora Cordero, our current Minister of Security, who has been accused by a Russian immigrant of defamation -a criminal charge in Costa Rica.

In Costa Rica, just like in many democratic nations around the world, certain public officials and legislators enjoy immunity against some legal complaints filed against them in the course of their duties. The basis for such immunity is that political figures and public officials would otherwise end up besieged with frivolous complaints. This doesn’t mean that complaints can’t be filed against them by average Ticos, it’s just that the court has to consider whether a request to pierce the veil of immunity has merit.

Jorge Angulo Zamora

The PLN legislator came to the attention of the Third Chamber of our Supreme Court after complaints filed against him resulted in charges invoked by a public prosecutor. Some of the charges Angulo has been called to answer emanate from his stay at Hotel Sierra and Casino in Golfito, where Angulo once stayed for three days in the company of consultants and relatives. The hotel bill came to nearly one million colones, and Angulo allegedly tried to pass the bill on to a community development organization.

Besides the allegations of skipping on a hotel bill, Angulo also faces accusations of extortion, whereby he demanded cash from a construction firm in exchange for the smooth disbursement of public funds destined for the construction of a high school in San Vito de Coto Brus.

The legislator has already surrendered his immunity voluntarily, but according to online newspaper TicoVision, a special legislative commission has been set up to study whether Angulo should answer to the charges. The commission will investigate whether self-incrimination could be an issue, and also if unseen political influence is at the heart of the matter.

Mario Zamora, Minister of Security

A far more touchy issue of immunity has been centered on Mario Zamora, not because of the severity of the accusation, but rather because it seems as if Zamora has a “gato encerrado” (caged cat), a colloquial term in Tico parlance that essentially means he fears that lifting his immunity could bring out other sensitive hidden matters.

Zamora has been accused of defamation by a Russian immigrant who is wanted by his country’s authorities on a murky financial offense. While Zamora was acting in his capacity as an immigration official, he was involved in denying asylum to the Russian man. At that time he took that opportunity to write down his own personal opinion in the form of a poorly chosen rhetorical question on a court filing: “Should Costa Rica be a haven for foreign offenders?”

According to Radio Monumental, the Russian man’s attorney claims Zamora violated Article 146 of our Criminal Code, which defines defamation with explicit intent as an offense that can land someone in jail for a few weeks. It is interesting to note that unlike the legislator Angulo Mora, who voluntarily surrendered his immunity, Mario Zamora seems to appear very concerned over the matter and has vowed to defend himself vigorously.

Twenty-two court magistrates issued an en banc decision to strip Zamora’s immunity to answer to what essentially amounts to a crime against a person’s honor. The law in Costa Rica makes it a crime to intentionally and frivolously blemish the honor of others, even after they have passed away. Close relatives of the deceased can file criminal charges against those who taint the honor of their dearly departed.