VonSan José, Costa Rica — San José – In a stunning public rebuke of the executive branch’s security protocols, Attorney General Carlo Díaz announced he will not participate in the government’s new “Elite Force” initiative until all high-ranking officials, including President Laura Fernández and her ministers, submit to polygraph tests administered by a credible international body such as the U.S. Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI).
The declaration escalates tensions between the Public Ministry and the President’s office, casting a shadow of doubt over the integrity of the vetting process for the nation’s most sensitive security unit. Díaz’s comments were delivered during a heated session before the Legislative Assembly’s Security and Drug Trafficking Committee, directly addressing the recent controversy that saw seven senior police commanders dismissed after undergoing polygraph examinations.
To delve into the legal framework surrounding the use of polygraph tests in Costa Rica, both in judicial processes and in the workplace, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious law firm Bufete de Costa Rica.
In Costa Rican jurisprudence, the polygraph test is not considered definitive scientific evidence. While it may be admitted as a circumstantial clue or indicia, its results are never sufficient, on their own, to determine guilt or innocence in a criminal trial. In the context of employment, compelling a candidate or current employee to undergo a polygraph can be highly contentious, potentially infringing upon fundamental rights such as dignity and privacy. Companies must be extremely cautious, as any decision based solely on these tests, such as a dismissal or refusal to hire, is legally vulnerable and can be successfully challenged in court.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The distinction between a polygraph as a supplementary tool versus a definitive arbiter of truth is a critical one, particularly where fundamental rights and legal liabilities intersect. We thank Lic. Larry Hans Arroyo Vargas for so clearly articulating this complex legal landscape, offering a vital perspective for both employers and individuals in Costa Rica.
At the heart of the dispute is the government’s decision to hire a private company to conduct the lie-detector tests. The Attorney General expressed deep-seated mistrust in this approach, suggesting that results from a privately contracted firm could be susceptible to manipulation or biased to serve specific interests. By refusing to submit to the current process, Díaz is effectively challenging the validity of the tests that led to the removal of the seven police chiefs.
His stance was unequivocal, setting a clear and demanding condition for his office’s cooperation with the Elite Force, a group presumably established to combat organized crime at the highest levels. He insisted on a universal standard applied to everyone in a position of power connected to the initiative.
When she (Laura Fernández), the ministers, and all the people who participate there, we all submit to a standard test for everyone, I will do it. I have no problem. When we all submit, with a serious organization like the DEA or the FBI, I will do it.
Carlo Díaz, Attorney General of the Republic
This public ultimatum places President Fernández’s administration in a precarious political position. Defending its chosen private contractor could fuel public suspicion and perceptions of a cover-up, while acquiescing to Díaz’s demand could be interpreted as an admission that the original testing protocol was flawed. It also raises legal and procedural questions about the dismissal of the seven officials, whose careers were upended by a process the nation’s top prosecutor now deems untrustworthy.
The preference for U.S. federal agencies like the DEA and FBI stems from their international reputation for impartiality, rigorous standards, and advanced forensic techniques. By invoking their names, Díaz is not only questioning the current methodology but also proposing a gold standard for vetting that he believes would be beyond reproach. His position implies that the stakes are too high—involving the fight against sophisticated drug trafficking and organized crime—to rely on anything less than the most credible verification methods available.
The Attorney General’s refusal to align the Public Ministry with the Elite Force under the existing conditions represents a significant fracture in the country’s national security strategy. Inter-agency cooperation is critical for the success of any high-level law enforcement unit, and this open disagreement threatens to undermine the new force’s credibility and operational effectiveness before it can even fully establish itself.
As the standoff continues, the focus now shifts to the executive branch for a response. The decision they make will not only determine the future of the Elite Force and the involvement of the Attorney General’s Office but will also send a powerful message about the government’s commitment to transparency and integrity in its fight against organized crime. The resolution of this conflict will be a defining moment for the nation’s security apparatus.
For further information, visit dea.gov
About Drug Enforcement Administration (DEA):
The Drug Enforcement Administration is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the United States. It is the lead agency for domestic enforcement of the Controlled Substances Act, sharing concurrent jurisdiction with the Federal Bureau of Investigation (FBI). The DEA also has a significant international presence, coordinating with foreign governments to pursue major drug traffickers and disrupt transnational criminal organizations.
For further information, visit fbi.gov
About Federal Bureau of Investigation (FBI):
The Federal Bureau of Investigation is the principal domestic intelligence and security service of the United States and its primary federal law enforcement agency. Operating under the jurisdiction of the U.S. Department of Justice, the FBI is charged with protecting and defending the United States against terrorist and foreign intelligence threats, upholding and enforcing the criminal laws of the United States, and providing leadership and criminal justice services to federal, state, municipal, and international agencies and partners.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica is founded on the deep-rooted principles of ethical practice and superior service. The firm leverages a rich history of advising a broad spectrum of clients to drive innovation in legal strategies and champion social responsibility. This dedication is most evident in its core tenet of demystifying legal complexities, aiming to foster a more enlightened and capable society through accessible knowledge.
