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from La Prensa Libre, Friday 13th, August 2004

“For Supporting the War in Iraq: Supreme Justices will settle question over legality of the country’s participation”

The decision of including Costa Rica within the list of countries parties of the Coalition that operates in Iraq was heavily criticized by the Ombudsman and by many people, who strongly opposed to this determination.

(note, I’m making a correction in the following paragraph, since the article is mistaken)

Because of this, on

April 4th 2003, attorney (sic) Luis Roberto Zamora filed unconstitutionality action against the Executive, followed later by the Ombudsman and the Lawyer’s Bar who filed similar suits.

Foreign Affairs Ministry Roberto Tovar Faja and Adjoined Public Attorney Farid Beirute were summoned yesterday to render explanations to the Supreme Justices of the Constitutional Court. Each of them had 15 minutes to deliver their reasons.

Nonetheless, also spoke before the Justices; Luis Roberto Zamora, Costa Rica University student, Constitutionalist attorney Rubén Hernández, Ombudsman José Manuel Echandi, congressman José Miguel Corrales, citizen Alberto Salom and Chair Public Attorney Ana Lorena Brenes Esquivel.

Agreement and disagreement

Both Echandi and Corrales agreed that the Executive’s action was wrongful and against: the legality principle, international obligations contracted by Costa Rica and the obligations derived from the UN Charter.

“Nobody from the Executive could explain clearly how the support was conducted. With a phone call, and even with press statements, the Executive’s action was realized, violating constitutional regulations and principles that also work as warrants for the protection of our peace culture”, said the Ombudsman.

For Echandi, including Costa Rica in the coalition is nothing but “the invasion and consequent usurpation” of functions belonging to a different body which is not allowed to declare national defense nor war.

“Moral support” to military operations in a third country is nothing but a dissimulated support to a war. An statement of such nature has not been foreseen in our constitutional laws”, stated Echandi.

PLN Congressman José Miguel Corrales affirmed that the support given by our country to the US, in such a delicate moment, constituted a violation to the Constitution. He also advised the Government to be more careful when dealing with the “peace and war issue”.

“War is not a political instrument to resolve conflicts”, he added. Corrales had denounced before the Congress on the declarations given by President Abel Pacheco, declarations in which he confirmed that the US Embassy had requested authorization to include the country within the coalition.

Beirute acknowledged that there was no war declaration but insisted that by being part of the coalition, we were supporting the bellicose activity.

The chancellor explained that his goal was to clarify that the document sent by Costa Rica only spoke of peace and avoiding war. “I don’t see, where do they link Costa Rica’s position with a war support. In fact, and with all due respect, I didn’t even understand the Public Attorney’s explanation”.

Tovar added that Costa Rica is by the side of those who fight against terrorism and by the side of victims from war, refraining from it.

President Pacheco, stated that Costa Rica never supported the war and that what was given was support against terrorism”