VZCZCXYZ0016
RR RUEHWEB

DE RUEHSJ #0625/01 0891937
ZNR UUUUU ZZH (CCY AD9C1C47 MSI9570-695)
R 301937Z MAR 07 ZDS
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 7673
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS SAN JOSE 000625 
 
SIPDIS 
 
SENSITIVE SIPDIS 
 
(C O R R E C T E D COPY - ADDING SENSITIVE CAPTION) 
 
DEPT FOR WHA/CEN; USAID FOR LAC 
DEPT PASS TO USTR FOR AMALITO 
E.O. 12958: N/A 
TAGS: PGOV ETRD KIPR KJUS PINR CS
SUBJECT: COSTA RICA'S JUDICIARY LACKS EXPERIENCE; 
ACTIVIST SUPREME COURT COMPLICATES CAFTA-DR 
 
 
¶1. (U) SUMMARY.  Judges in Costa Rica have an average age of 36 and 
lack experience, according to one Supreme Court Magistrate.  The 
magistrate recommends increasing contact with U.S. judges and court 
administrators to share best practices.  The explosion of 
constitutional challenges since the creation of a special 
constitutional chamber of the Supreme Court in 1988 has complicated 
the political process, and is the cause of the current judicial 
quagmire over ratification of CAFTA-DR.  END SUMMARY. 
 
A COURT OF MANY CHAMBERS 
------------------------ 
¶2. (U) Econoff spoke with Costa Rican Supreme Court Magistrate Luis 
Rivas Loaiciga and his letrado (lawyer who drafts decisions) Juan 
Chaves Villalobos at a recent dinner at the Villalobos home.  The 
magistrate and his letrado are assigned to Sala I of the Supreme 
Court which has jurisdiction over all public law, administrative 
law, commercial law, civil law and public concessions.  Magistrate 
Rivas is just completing his first eight-year term on the Supreme 
Court and told Econoff he will soon apply to the National Assembly 
(Asamblea) to be reappointed to a second eight-year term.  Unless 
two-thirds of the Asamblea votes to oppose him he will automatically 
be reappointed. 
 
¶3. (U) Costa Rica's Supreme Court is divided into four chambers or 
"Salas".  Sala II has jurisdiction over family and labor matters, 
Sala III has jurisdiction over criminal matters, and Sala IV is the 
constitutional chamber which also has broad review authority over 
legislative acts, procedures and rules.  Salas I, II, and III each 
have five magistrates with two letrados per magistrate.  Sala IV, 
created by constitutional amendment in l988 has seven magistrates 
who each have three letrados. 
 
THE COURT AND CAFTA 
------------------- 
¶4.  (U) A 1998 study titled "Opening Pandora's Box: the Unintended 
Political Consequences of Costa Rican Legal Reform" 
http://darkwing.uoregon.edu/~caguirre/wilsonp r.html describes the 
explosion of constitutional challenges since creation of Sala IV and 
the effect it has had on the political life of the country.  In the 
50 years prior to creation of Sala IV, approximately 350 
constitutional challenges were brought to the Supreme Court.  Since 
creation of Sala IV, approximately  350 challenges have been brought 
each year.  Multiple constitutional challenges have been the bane of 
the CAFTA-DR ratification and implementation process, with Sala IV 
activism taking on decidedly political overtones.  The chamber has 
authority to rule on legislative procedure and has done so often, 
greatly complicating ratification of the Agreement. 
 
¶5. (SBU) According to Rivas, the recent report issued by the 
technical arm of the Asamblea asserting that 38 votes are required 
to ratify CAFTA-DR was gratuitous and political.  He described the 
report's author as a "leftist who at one time belonged to a 
communist party in Costa Rica".  Rivas maintained there was no 
reason for a new advisory since in 2006 the same office under a 
different director stated the Agreement required only a simple 
majority of 29 votes to be approved.  He stated that Asamblea 
President Pacheco has the power to ignore the latest advisory, but 
he added that Sala IV would make the ultimate decision on the number 
of votes required for ratification. 
 
¶6.  (SBU) COMMENT: Pacheco, President Arias and other senior GOCR 
officials and legislators continue to believe that 38 votes (a 
two-thirds majority) is politically necessary to pass CAFTA, even if 
29 votes (a simple majority) is technically sufficient.  Ratifying 
CAFTA by a two-thirds majority would also give opponents one less 
argument to use in the required review of the agreement by the Sala 
IV. END COMMENT. 
 
NEED FOR EXPERIENCE, AND TRAINING 
--------------------------------- 
¶7. (U) Magistrate Rivas told Econoff that the biggest problem with 
Costa Rica's judicial system is the lack of experience and need for 
training.  Costa Rica's judicial system has approximately 800 
judges.  Their average age is 36.  In Costa Rica's civil law system, 
judges have little or no experience practicing law prior to becoming 
part of the judiciary.  Due to the early retirement age of 55, Costa 
Rica's judges retire soon after gaining valuable experience, 
according to Rivas.  The magistrate stated that the Costa Rican 
judiciary could benefit from more contact with U.S. judges and court 
administrators to learn more about best practices Costa Rica might 
adopt.  Magistrate Rivas also mentioned that he would like to work 
closely with the Embassy. 
 
NEED TO DO MORE ON IPR 
---------------------- 
¶8. (U) Intellectual Property Rights falls within the jurisdiction of 
Sala I.  Costa Rica is currently on USTR's Intellectual Property 
Rights (IPR) enforcement Watch List and IPR is one of the most 
 
 
difficult areas involved in implementing CAFTA.  Post recently sent 
the magistrate and his letrado to USPTO-sponsored training and since 
then the letrado has taken a very active interest in IPR issues. 
Villalobos returned from training and told Econoff he now 
understands that Costa Rica is not doing enough to meet its 
obligations, and that he is working on convincing colleagues to do 
more.  He observed that, in particular, sentences need to be 
strengthened to act as a deterrent.   Villalobos is also pursuing a 
master's degree in IPR through a distance learning program. 
Magistrate Rivas stated that Villalobos has become the court's 
expert on IPR matters. 
 
LANGDALE