Two judicial flaws create grossly unfair situations

Wednesday a news story about a Florida court case illustrated some deficiencies in Costa Rican law.

We have no way of knowing who will prevail in the Florida case. A former businessman here alleged in his suit that Costa Rican lawyers conspired with some of his investors to bring false criminal charges against him and that these continuing efforts destroyed the company he ran here.

However, in bringing the case, the lawyer, Craig A. Brand, pointed out some serious problems with Costa Rican law.

Anyone is vulnerable to private court cases because any lawyer can file such a case, including criminal cases. Frequently lawyers will file a private criminal case even while they know the case is a tissue of lies. The purpose is strategic.

Brand said lawyers did so to him in an effort to extort money. Perhaps they did. But we know of other situations when such cases have been filed to stop civil cases when it appears one side would lose.

This is a typical and reprehensible technique used here. The real problem is that there is no mechanism in place for judges
to throw out weak or fake cases at an early stage. Such actions usually have to go to a full trial, causing great expense to the victimized individuals and frequently delaying justice.

The second aspect illustrated by the Brand case is that a judge can issue a prohibition against someone leaving the country and the subject of the order does not find out until he or she is at the airport. No one should be the subject of a secret judicial order. Each person should have the right to contest the order quickly before a judge. That means the the judiciary should notify the person who is the subject of the impedimento de salida order. Such orders should not languish in secret in the immigration computer system for months or years until someone has invested money in air tickets and travel.

Again, these orders can be used strategically to bring pressure on an individual whether for legal or private reasons. The orders frequently are placed against foreign expats because opposing lawyers can argue that the individual might flee.

Both of these issues are grossly unfair. The sad part is that everyone in the judiciary and in government knows it and they do nothing to remedy the unfairness.

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