One of the presidential candidates has proposed that Costa Rica leaves the Inter-American Court of Human Rights, but he isn’t the only one, as Peru has also brought the issue to the table recently, making both countries consider being outside the Pact of San José.
The proposal was made earlier this month by parliamentarian Roberto Vieira, who presented a motion for Congress to urge the Executive to undertake the process to withdraw its country from the contentious jurisdiction of the Court. But unlike Costa Rica, the discussion does not focus on equal marriage, but on reinstating the death penalty in case of child rape, hired killers, and terrorism.
This initiative, however, has had little echo among parliamentarians and civil society. But a resolution of the Inter-American Court that requests that a parliamentary investigation be filed on four constitutional magistrates polarized the debate on the advisability of remaining in the Pact.
The magistrates were accused of allegedly having modified a judgment on a 2013 case with a resolution in 2017. This led to a legislative investigation that must now be filed.
Article 78 of the American Convention on Human Rights stipulates that if a State decides to leave the Pact of San José, and thereby leave the jurisdiction of the Inter-American Court, it must do so at least one year in advance.