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Supreme Court Reprimands OIJ For
Indiscriminate Road Blocks
The Sala III de la Corte Suprema
reprimanded the Organismo de
Investigación Judicial (OIJ) for
setting up raids without a
specific objective with the
intent of "seeing what they can
catch".
The court resolution 2006-00118
confirms the magistrates
decision to support the appeal
of a man who surprised to be
arrested with cocaine in his
position at a road block at
Pijije, Bagaces, in Guanacaste.
"The Judicial Police have
legally prohibited in effecting
preventive activities, like
setting up a road block to see
what results", said the written
decision of the court.
The appeal has frustrated the
actions of the Liberia fiscal
that was able to obtain a
conviction against a man
identified by his last name
Suazo.
The director of the OIJ, Jorge
Rojas, said that the court
decision will not affect his
departments work against crime.
"It is not that we cannot effect
raids or roadblocks. The Sala
has told us that our actions
cannot be indiscriminant" said
Rojas.
The director added that what the
court decision means is that the
police have to be after someone
before setting a road block.
Before the court decision, it
was common for the OIJ to set up
"preventive" road blocks along
the InterAmerican highway,
stopping traffic, looking for
drugs and persons with
immigration violations. It was
during one of these roadblocks
that Suazo was arrested.
The magistrates added that the
OIJ's function is to discover or
investigate crimes before they
can find someone guilty.
In an interview with the daily
Spanish language newspaper, La
Nación, director Rojas said that
he will respect the court
decision and that past actions
were not to persecute, but
rather to fight crime. In some
instances, the director said,
that road blocks were used to
detect the movement of drugs,
especially in the Zona Sur (the
southern zone).
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