San José, Costa Rica – The extradition of former Costa Rican judge Celso Gamboa to the United States moved a step closer Wednesday after the Tribunal Penal de San José rejected his appeal to halt the process, according to his attorney, Michael Castillo. The decision intensifies scrutiny of the case and raises questions about the potential penalties Gamboa could face in the U.S. Legal system. The core issue of Celso Gamboa’s extradition centers on allegations of involvement in a bribery scheme related to international soccer governing body FIFA.
Castillo confirmed the rejection and explained that the case now moves to the Tribunal de Apelación de Sentencia in Goicoechea, where it will receive a final review. However, he cautioned that the extradition could proceed at any moment, even before the appellate court renders its decision. “The resource has no suspensive effects,” Castillo told La Nación, meaning U.S. Authorities could take custody of Gamboa while the appeal is pending. He added that the timing is ultimately at the discretion of the requesting country, the United States.
Defense Challenges Extradition Guarantees
A central argument from Gamboa’s defense revolves around concerns about the potential severity of sentencing in the U.S. While the U.S. Prosecutor for the Eastern District of Texas has pledged not to seek a life sentence or penalties exceeding 50 years, Castillo emphasized that this commitment is not binding on the court itself. “The promise is that the accusing body commits not to request [a harsher sentence]. However, the promise that a judge will not grant it does not exist,” Castillo explained, drawing a parallel to Costa Rican legal proceedings where a judge can impose a sentence exceeding the prosecutor’s recommendation.
The defense argued that a U.S. Court could, within the bounds of the law, impose a more severe penalty, including life imprisonment. The Tribunal Penal de San José, however, dismissed this argument as overly broad, setting the stage for the appeal. The legal team is now focused on convincing the appellate court that the lack of a firm guarantee against extreme sentencing constitutes a violation of due process.
Expedited Review Possible
Castillo acknowledged the uphill battle, stating it is “extremely probable” the Tribunal de Apelación de Sentencia will uphold the lower court’s decision. He also noted that the appellate review could be expedited if the Procuraduría General de la República and the Oficina de Asesoría Técnica y Relaciones Internacionales (OATRI) waive their right to a full three-day response period, as they did in the initial hearing. “Today the court gave three days and today itself resolved because both the Procuraduría and the OATRI waived the deadline and responded immediately,” Castillo said.
The potential for a swift resolution adds urgency to the case, particularly as Gamboa is not the only individual facing imminent extradition. Edwin López Vega, also known as “Pecho de Rata,” is also subject to extradition proceedings and the two men could be transferred to the U.S. In the coming hours, according to reports. Centroamérica360 reported that Costa Rica is accelerating the possible extradition of both men.
Background: The FIFA Bribery Scandal
Gamboa, a former judge on Costa Rica’s Supreme Court, is accused of participating in a scheme to accept bribes in exchange for influencing the awarding of marketing rights for FIFA World Cup qualifying matches. The U.S. Department of Justice has been investigating widespread corruption within FIFA for years, leading to indictments against numerous officials and executives. The allegations against Gamboa stem from his alleged role in facilitating these corrupt payments.
The case has drawn significant attention in Costa Rica, raising questions about the integrity of the country’s judicial system and its commitment to combating corruption. The extradition proceedings are being closely watched by legal experts and observers of international law.
The next step in the legal process is the review by the Tribunal de Apelación de Sentencia. A decision from that court is expected within the next three days, though it could come sooner if the Procuraduría and OATRI waive their response time. The outcome of this appeal will determine whether Gamboa will be transferred to the United States to face charges related to the FIFA bribery scandal.
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