37. On December 17, 2005, a newspaper article signed by the journalists, Ronald Moya
and Freddy Parrales, was published in the “incidents” section of La Nación entitled “OIJ
accuses police chief of failing to detain truck with liquor.” The article reported that, on
June 29, 2005, a regional chief of police had released a vehicle that contained
merchandise consisting of liquor without any “legal reasons” for doing so. 30 As a result,
the OIJ had filed a complaint against this police chief. Then, and in a section entitled
“More cases,” the article indicated that this was not the only case in the southern part
of the country because, according to the Minister of Public Security at the time, there
were at least two other cases that were being investigated, and the police chiefs who
were implicated (referring to J.C.T.R., and another police chief in the region) might even
be removed. In particular, the article indicated:
[R.R.M] also confirmed that the police chief of San Vito de Coto Brus […] together
with the police chief of Ciudad Neily […] are under investigation and may be removed.
“At this time, they are both taking vacations,” he said. A case is underway in the
Corredores Prosecutor’s Office against [J.C.T.R.], who has been a law enforcement
agent for more than 16 years, for alleged extortion in relation to contraband liquor.
[…] It was not possible to speak to the two police chiefs yesterday because they were
in meetings. 31
38. As a result of this newspaper article, on December 19, 2005, police chief J.C.T.R.
sent a notarized letter to the director of the news desk of La Nación in which he required
that “within two days, [he] be informed of the source of the information provided and
the evidence it had seen in order to make such serious assertions.” 32 He also indicated
that the assertions were “false,” that this would be proved opportunely, and that the
information requested was of interest to him in order “to determine who had taken upon
himself or themselves to provide erroneous information to the media.” 33 In response to
this demand, in a note of December 21, 2005, the secretary of the Director of La Nación
indicated that “La Nación’s sources and documents are confidential and are not released
to private individuals.” 34
39. On January 31, 2006, the Press Office of the Ministry of Public Security sent a note
to Mr. Moya Chacón, advising him that J.C.T.R. was being investigated for “extortion” by
the Coto Brus prosecutor rather than the Corredores prosecutor, without referring to the
said liquor contraband. In particular, this noted indicated:
THE POLICE ARE INVESTIGATING IN COTO BRUS, NOT IN CORREDORES
An article published in La Nación on Saturday, December 17, 2005, entitled: “OIJ
accuses police chief of failing to detain truck with liquor” indicates the following: “A
case is underway in the Corredores Prosecutor’s Office against [J.C.T.R.], who has
been a law enforcement agent for more than 16 years, for alleged extortion in relation
to contraband liquor.”
30
Cf. La Nación, newspaper article “OIJ denunció a jefe policial por no detener camión con licores” [“OIJ
accuses police chief of failing to detain truck with liquor], of December 17, 2005 (evidence file, folio 25).
31
Cf. La Nación, newspaper article “OIJ denunció a jefe policial por no detener camión con licores,” of
December 17, 2005 (evidence file, folio 25).
32
Cf. Notarized letter from J.C.T.R. to La Nación dated December 19, 2005 (evidence file, folio 28).
33
Cf. Notarized letter from J.C.T.R. to La Nación dated December 19, 2005 (evidence file, folio 28).
34
Cf. Letter from La Nación addressed to J.C.T.R. on December 21, 2005 (evidence file, folio 31).
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