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