"The Magistrates of the Supreme Court of Justice cannot make inquiries personally, without being a cause prosecutors", thus reacted José Ayú Prado, Magistrate President of the highest Corporation of Justice, once his colleague Harry Díaz was caught coming out of the administrative offices of the Wisa - Waked-owned group, accused of drug trafficking and money laundering in the United States.
Ayú Prado said that the Magistrates of the Court, by constitutional mandate, can only investigate members of the National Assembly and members of Parlacen, but not ex-officio.
Diaz tried to explain his presence in Waked´s office, pointing out that he was seeking an interview with Juan Luis Correa, who at the time was general manager of newspaper La Estrella, for him to make reference about a so-called investigation against an female officer of the Court, because of irregularities in a contract to remodel a few court buildings.
However, this explanation was not endorsed by a number of lawyers and members of society, who doubt the actions of Diaz, since they ensure that it is not the jurisdiction of a magistrate to investigate ex officio.
For lawyer Ernesto Cedeño, it is unfortunate for a Magistrate of the Supreme Court of Justice an investigative to undertake a function for which he does not have legal capacity to.
"What he was supposed to have done long ago was to file a complaint if he considered that there was sufficient evidence, and not go to get them in person, because he is not legally empowered to investigate," said Cedeño.
According to the lawyer, Diaz acted recklessly and not as a Magistrate of the Court.
"This stains the image of this Organ of the State even more", he said.
According to professor and lawyer Miguel Antonio Bernal this was a completely out-of-place action.
"What Diaz did isn't in the procedures established by law and raises a number of questions, so this must be investigated by his peer magistrates," he said.
Bernal considered that the actions of the Magistrate could damage him to the point of being separated from his post, because we are facing a suspicious action, not only for the place where he was caught, but also for the time this happened.
Meanwhile, lawyer Rubén Castillo said on TVN that the conduct of the Magistrate "is not normal", because there wasn´t any "proof summary" involved.
"I wouldn’t have done it that way. A number of questions arose, and he [Harry Díaz] has created a tremendous risk," said Castillo.
Consequences
Ernesto Cedeño believes that there will be no greater consequence, because there was not a crime, but it was only an irresponsibility, but the image of the Court will indeed be negatively affected by the presence of a magistrate in the place and at the least appropriate time.
He recalled that there are two Magistrates reported for violation of the code of ethics and he could be the third one, but "I believe the National Assembly will not have the least interest in starting an investigation against Diaz".
However, Bernal thinks differently and considers that this action by Diaz should be enough to ask him to leave the Court, but since he enjoys presidential blessing, nothing will ever happen.
"He acts like that, with impunity, because he feels protected by the Executive and the Legislative", he added.
Former candidate to the Vice-Presidency for the Party Revolutionary Democratic (PRD), Gerardo Solis, wrote on his Twitter account: "for me his behavior is completely irregular and I don't believe Mr. Harry Díaz´ explanation, he is that still has the privilege of holding his charge at the CSJ. This is yet another infamy".
Meanwhile, former of the Deputy Minister of the Presidency, Maria Fabrega, said: "Since when Magistrates may ex officio practice a judiciary proceeding or engage in investigative actions on their own?"
Files complaint
Diaz presented yesterday a criminal complaint before the General Secretariat of the Court against the administrative secretary of that entity, Vielza Ríos, for alleged irregularities in the direct purchase for the remodeling of family court buildings for the sum of 2 million 999 thousand 549 dollars 13 cents, in favor of company Cemis Group S.A.
Diaz also asked for her suspension of duties of this officer and the administrative investigations to be started.