G/TIP-FUNDED TRAINING ASSISTS PROSECUTION OF TWO

UNCLAS SAN JOSE 001171 SIPDIS SIPDIS WHA/CEN FOR JASON MACK, WHA/PPC FOR MIKE PUCCETTI, G/TIP FOR LINDA BROWN E.O. 12958: N/A TAGS: PHUM KCRM CS SUBJECT: G/TIP-FUNDED TRAINING ASSISTS PROSECUTION OF TWO OFFICIALS ¶1. Summary: On May 24, 2006, two auditors with the powerful Comptroller's Office were each sentenced to nine years in prison on charges that included paid sex with minors and the production and diffusion of pornography. The officials were arrested in the port city of Limon on September 10, 2004 when two underage victims filed complaints. The trial lasted almost two weeks and hinged on victim testimony when technical evidnce was thrown out. The lead prosecutor particiated in several G/TIP-funded training programs. End Summary. ¶2. On September 10, 2004, agents o the judicial police (OIJ) arrested Manuel Fernadez and Jorge Cortes at their hotel, based on coplaints filed by two underage girls. The men, aditors with the national Comptroller's Office, werein port city of Limon to review the customs procdures used by port authorities. The arrests caued a stir since the auditors were long-term emloyees of the Comptroller's Office with 15 and 19 years of service, respectively. An initial scan of the official laptop and a digital camera the auditors had in their hotel room turned up nothing and the men returned to the capital pending further investigation. ¶3. The following month, in October 2004, lead prosecutor Floribeth Rodriguez participated in the first G/TIP-financed investigative training course for child sexual exploitation cases. Rodriguez later told us the information she received in the course, and especially a follow-up course on interviewing techniques for child victims, was particularly useful in preparing the case. Witness preparation proved crucial when the court threw out key photographic evidence retrieved from the men's official computer. Although the photos had been erased, investigators were able to recover incriminating images using INL-provided software and training. The evidence was thrown out, however, due to an error in its chain of custody. ¶4. Comment: The case attracted press attention for two days and demonstrates that even government officials can and will be prosecuted. The delay of nearly a year and a half between arrest and trial is relatively short by Costa Rican standards. The Comptroller's Office has vast audit power, causing some observers to conclude that the delay indicated reluctance on the part of the prosecutors to press the case. Over the course of the two-year G/TIP-funded training program, over 130 Costa Rican officials received specific training in the area of commercial sexual exploitation of children, of which 30 were certified as instructors. LANGDALE