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Lawyer Federico Campos will represent Claudia Vargas, widow of retired Major Roberto Samcam, in the trial for the murder of the former Nicaraguan military officer, which took place on June 19, 2025, in San José, Costa Rica. Campos confirmed that the investigation is only just beginning, but they expect “greater transparency” once the case moves to the Public Prosecutor’s Office. However, he insists they already have sufficient evidence to support the claim that this was a political crime.
He warns that the investigation by the Judicial Investigation Agency (OIJ), and the likely legal proceedings that follow, could conclude that the Costa Rican State bears some responsibility for failing to provide the protection Samcam needed.
The Nicaraguan State could also be implicated if it’s proven that the dictatorship ordered the killing. That would be “a tremendous affront to Costa Rica’s state sovereignty… and its democratic sovereignty,” Campos said in an interview with CONFIDENCIAL.
Campos holds a law degree and is a Notary Public, having graduated from the Universidad Escuela Libre de Derecho in 1995. In addition to having published three books — with two more in the works — he also teaches at the University of Costa Rica’s Faculty of Law, where he lectures on Criminal Procedure Law I and II. He will work alongside Spanish lawyer Almudena Bernabéu, from the Guernica 37 team, to represent Samcam’s family in the legal case.
You have been appointed to represent Roberto Samcam’s widow in the legal process to seek justice for his murder. What is the current status of the investigation by Costa Rica’s Judicial Investigation Agency (OIJ)?
The investigation is only just beginning — it’s in its early stages. Like any other case, it must first go through this investigative phase to determine, based on what happened, who may be responsible for the crime. From our perspective, this is not just any ordinary homicide — there are potential political implications behind this case that make it very different.
What kind of legal actions can you take at this time?
We are appearing in the criminal proceedings on behalf of the victim, Roberto Samcam’s widow, because the law allows victims to have a role and influence in the process. We’re gathering details about the investigation with all the necessary caution, because this is a sensitive case, and any information leak could jeopardize the investigation.
Very soon, we will formally take on the role of querellantes (private prosecutors) and civil plaintiffs to have an even greater role in the criminal process. A querella is essentially a private prosecution, similar or parallel to what the Public Prosecutor’s Office would eventually do, except we are representing the victim. On the civil side, it would eventually be a claim for compensation, which every victim has the right to pursue — and this case is no exception.
Are they two separate processes or does one follow on from the other?
No, they go hand in hand. Under Costa Rican criminal law — as in most Latin American criminal codes — a civil claim can be filed within the criminal proceedings. There must be a causal link between the act that created criminal liability and the harm that gives rise to civil liability.
On the support offered by the United States
Have you received any updates from the authorities on the progress of the investigation?
So far, we have received very little information. The case is in the hands of the Judicial Police; at any moment, it will move to the Public Prosecutor’s Office. That’s when there will be a much clearer channel of communication and information sharing between the victim’s lawyers and the Prosecutor’s Office.
For now, since the case is still being handled purely at the police level, they are understandably more tight-lipped about sharing details. We believe that in the coming days, we will have more information and a greater role in the judicial process.
The U.S. State Department has offered support to the Costa Rican government to help investigate this murder. Do you know if they are involved now or if they will be allowed to participate?
We know they are providing support, but they cannot have any direct involvement in the criminal proceedings, and so far they haven’t. What could happen is that if they have any information that could help move the case forward, they can of course share that with the Public Prosecutor’s Office. Likewise, any information we have will be shared with the Prosecutor’s Office so that the investigation can reach not only the direct or material perpetrators, but more importantly, those who ordered the crime.
What kind of information do you have?
I can say, in general terms, that it’s well documented that this was a political crime and that Roberto Samcam was killed because of his opinions, his involvement, and the activities he carried out against the Ortega government. Given that he was a political refugee in Costa Rica, this is clearly a political crime. There could eventually be responsibility on the part of the Costa Rican state if it failed to provide him with adequate protection — for reasons and details I can’t share right now, but they are connected to his political activities.
The responsibility of the dictatorship
You mention possible responsibility of the Costa Rican state… Has the possible responsibility of the Nicaraguan state also been considered?
Of course — there could be responsibility there too. The most concerning scenario is if this crime was ordered by the Nicaraguan state and then carried out in Costa Rica. That would clearly be a serious affront to our national sovereignty — to our democratic sovereignty — because it would mean foreign interference within Costa Rican territory to commit a political crime.
Do you recall a similar case here in Costa Rica?
What I recall recently, which could be connected to this same issue, are the two assassination attempts against another political dissident [referring to the case of Joao Maldonado], which were also linked to his political activities opposing the Nicaraguan government.
Do you have confidence in the OIJ to find the perpetrators and identify the masterminds of this murder?
Absolutely. The Costa Rican Judicial Investigation Agency (OIJ) has a high success rate when it comes to solving homicide cases, and we trust that they’re doing their job properly and heading in the right direction. The only potential obstacle in identifying and capturing the direct perpetrators is if they are Nicaraguan nationals who fled back to Nicaragua.
That wouldn’t prevent them from being prosecuted in Nicaragua if they are identified. The problem is, I seriously doubt that in Nicaragua there would be an impartial and independent trial, in line with due process, to hold not just the direct perpetrators but also the masterminds accountable.
If these people are identified and remain in Costa Rica, they would be arrested immediately. And if it’s determined that they fled to Nicaragua, then an international arrest warrant could be issued. The only way they could be arrested is if they leave Nicaraguan territory — if they’re Nicaraguan citizens, they can’t be extradited otherwise.
A minimum sentence of 20 years in prison
What is your relationship, as a lawyer, with the Spanish lawyer Almudena Bernabéu and the Guernica group?
They contacted me so I could take on the role in Costa Rica as the lawyer authorized to act in the country and represent the victim. They’re the ones who originally established contact with the widow. The relationship has been purely professional, but from the start it has also been very close and empathetic. We’re fully aligned in what we think and believe, and we’re absolutely committed to supporting Guernica 37, which I believe does remarkable work in pursuing justice across Latin America.
What do you expect from the Costa Rican Prosecutor’s Office once the OIJ concludes its investigation?
Once the Judicial Police has completed its investigation, they must submit a report to the Costa Rican Public Prosecutor’s Office. We trust the Prosecutor’s Office because of its independence and impartiality, and its commitment to objectivity. Both Ms. Almudena and I will do our part, confident that the Prosecutor’s Office will handle the case to the best of its ability and in line with the law. Ms. Almudena has extensive experience with investigations and prosecutions of political crimes, and the insights and support she can provide to me and to the Costa Rican judicial process will be of enormous value.
What is the maximum penalty under Costa Rican law for this type of crime?
The crime of aggravated homicide carries a sentence of 20 to 35 years. If other charges are added and the total exceeds 50 years, then the maximum possible prison sentence when multiple convictions are combined is 50 years.
