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Insidecostarica.com - San José, Costa Rica  -   Thursday 22  March 2007

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Time To File Charges Against Former President Rodríguez Has Expired
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Time To File Charges Against Former President Rodríguez Has Expired
Although it seems incredible, the time fixed by a judge to present a case of corruption against former president, Miguel Ángel Rodríguez (1998-2002), has lapsed and no formal charges have been filed.

Rodríguez was detained on his arrival to Costa Rica last October after stepping down as Secretary General of the Organization of American States (OAS) after only one month in office.

On March 3, 2006, the Ministerio Público, petitioned the Juzgado Penal del Segundo Circuito Judicial that the Alcatel bribery case was complicated and the court gave the Fiscalía (prosecutor's office) one year to complete the investigation.

According to Rodríguez, it was the Fiscalía who asked for a clarification of the court decision, where March 16, 2007 was the date set when the investigation was to have been completed and charges filed. However, last week the Fiscalía did not file any charges.

In accordance with the rules, the Ministerio Público has ten days from that date to determine if it will file charges or not, but it must be present personally by the Fiscal General (chief prosecutor), Francisco Dall'Anese, according to Rodríguez.

"This exemplifies the less than professional manner, non objective and less tied to the traditional norms of the Poder Judicial in which they have handled the case", said Rodríguez.

The former president questions the call two and half years ago to come back to Costa Rica and to face an immediate trial, however, time has gone by and no charges have yet been filed, less set a date for a trial.

"Two years ago the then president of the country was saying that I should come back to Costa Rica, the same was being said by the Fiscal General in massive protests in the streets of San José, the same was said in La Nación and Canal 7, claiming that I should return immediately because I would be tried immediately", said Rodríguez.

The former president said that the different ambassadors of the OAS member countries, save Costa Rica, were all telling him to stay at his post as he had not been formally charged, less a sentence against him. "You are innocent in any civilized country while there is no sentence against you", Rodríguez says he recalls being told at the time.

Nonetheless, Rodríguez did step down from the OAS post, renouncing his immunity and was immediately arrested when his flight landed on Costa Rican soil and paraded in a "perrera" - the paddy wagon used to transport prisoners - as the media looked on and transmitted live images on television.

It is that and the ensuing actions by the Fiscalía that forms part of a claim by Rodríguez of violations of his rights.

"The formed a circus to destroy me, to humiliate me, to torture me, to present me to the public like a condemned man, placed in a perrera, organized so that people could insult me, put me in jail, invented false accusations to convince the judges to keep me locked up, and violated every single order since the first moment I was arrested", were the words fo the former president.

In contrast to the Caja-Fischel case involving corruption charges against former president, Rafael Angel Calderón, charges that were filed last week after almost three years of investigation, the Rodríguez case does have a fixed date for the completion of the investigation, which has clearly expired and according to Rodríguez.

Rodríguez continues to insist on his innocence and says that the actions of the Ministerio Público is clear that they are occupied more in continuing their circus and persuade public opinion against him than do their job.

Rodríguez, a lawyer by profession, added that once this chapter in his life he will seek ways to modify the penal system so that it does not crucify innocent people like himself and let the guilty free on the streets, which is the current situation.







 
   

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