An A.M. Costa Rica reprint
Published Tuesday, July 29, 2008, in Vol. 8, No. 149

A.M. Costa Rica Page One
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Contents copyrighted 2008 by Consultantes Río Colorado S.A. (cédula juridica 3-101-290-170).  Republication without permission is prohibited under U.S. and Costa Rican laws and international conventions.


Cyprian's lawyer says his client's human rights were ignored
Dear A.M. Costa Rica:

I've been representing Mr. Roger Cyprian in this case even though the "case" is more the U.S. Government vs. Mrs. Chere Lyn Tomayko. I am totally surprised if not badly impressed by the reaction of President Arias who has been yelling for more than 20 years that he won a Nobel Peace Prize. Now I'm wondering how come a Nobel winner (even though it was supposed to be for the country and not him personally) could support the violation of human rights, in this case, Mr. Cyprian's rights.

Furthermore, if Costa Rica really believes that the U.S. courts do not respect human rights, should the U.S. extradite the Costa Rican lady who is in jail waiting for a judge to order her extradition to a country, that has demonstrated that their Judicial system does not respect the existing treaties nor the laws?

More questions keep arising from all this situation. Mrs. Tomayko, violated the immigration laws of Costa Rica for over 10 years but now since she never became a legal resident and now she is granted the benefit of an non-existing status of refugee for human rights reasons, legalizing her illegal situation. Does this means that those foreigners who have followed and respected the laws of Costa Rica did wrong and those who did not followed the law, did right?

This situation seems like handling a Mac computer in which you have to think the opposite of what you want in order to get it to respond to your commands. It is not only ridiculous but at the same time real serious.

A minister and a president violate the laws, create a non-existing status and benefit people who have been in the most wanted list. What is next? There are two other U.S. citizens waiting to be extradited for the same reasons. Should they start saying that their family members raped
them so the ministry grants them the same just-created status of refugee for human rights? Or is the Ministry going to reject at least one of them because of his gender? Since obviously the minister doesn't read the files nor follows the legal departments advice and much less what the superior courts have ruled, then anything is possible.

I just hope this is not the beginning of a gender battle that started when the a law to protect abused women was approved in the Congress forgetting the constitutional principle that we are ALL equal to the law and we ALL should be tried the same way. I fully approve the fact that whomever attacks another human being, women or men, should go to trial and be sentenced to serve some time in jail, but I disapprove the creation of special laws to protect genders.

Approving the opposite would be like saying that laws to protect kids should be forgotten and now we should create some laws for little girls and different laws for little boys. If we are going this route, then we have already lost the battle.

Costa Rican, as a sovereign state, has been attacked from the inside. Our system is bleeding and we need someone to help remind both Mr. Arias and Mrs. Del Veccio that they were elected by the Costa Ricans to respect and apply the law, not to create new laws and become actors in a movie that belongs to another country.

Finally, one thing is true, Mrs. Tomayko might be free from El Buen Pastor jail, but she has changed a small cell for a bigger cell called Costa Rica. She is the one who has caused pain and suffering to her family, not Mr. Cyprian who can walk around the world with his head up knowing he has done nothing wrong.

Lic. Juan Carlos Esquivel
Attorney