This article examines the legal challenges against a decree that restricts access to information on public contracts related to national security in Costa Rica.
Overview of the Decree and Its Implications
The decree issued by President Laura Fernández, designated as decree 45870, has declared a wide array of information related to national security as state secrets. This includes operational details of organised crime, police dynamics, and specific public procurement processes tied to security agencies. The decree has drawn significant criticism for potentially limiting public access to information that is crucial for transparency and accountability in the use of public resources. Legal experts have raised concerns that such restrictions may infringe upon constitutional rights, particularly regarding the public’s right to information.
Legal Actions Filed Against the Decree
Three legal actions have been submitted to the Constitutional Court challenging the decree. These include two amparo resources and one action of unconstitutionality. The petitioners argue that the decree unlawfully restricts access to public information and undermines oversight of public spending. One action specifically requests the immediate suspension of the decree’s effects while the court deliberates. Legal professionals have pointed out that the decree’s broad classification of information as secret could hinder not only journalistic efforts but also public scrutiny of government actions.
Concerns from Legal Experts and Media Organisations
The Society of Inter-American Press has expressed alarm over the decree, suggesting it could obstruct journalistic activities and limit access to vital public information. Legal opinions gathered from various attorneys indicate a consensus that the decree contradicts the Costa Rican Constitution, which guarantees the right to access information. Despite this, there are differing views, with some legal experts defending the decree’s constitutionality, citing national security concerns as a justification for the restrictions imposed. This ongoing legal debate highlights the tension between government transparency and national security.
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The outcome of these legal challenges will be pivotal in determining the balance between national security and the public’s right to information in Costa Rica.
Reported from nacion.com, 2026-08-16. The Tender Wire is published by Otnox.
