[10 August 2000]

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* The annexes are available for consultation in the secretariat.

1. Costa Rica, as a State Party to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, presents for the consideration of the Committee Against Torture its initial report on measures taken to give effect to the undertakings arising from the Convention, as required by its article 19.

2. Human rights in general, including the right to physical and moral integrity and the right not to be tortured, are secured for all the country's inhabitants, whether citizens or aliens, men or women, in a broad constitutional and legal framework.

Article 1

The body of law prohibiting torture in Costa Rica

The constitution

3. Article 40 of the Constitution, promulgated on 7 November 1949, states: "No one may be subjected to cruel or degrading treatment, or to life imprisonment, or to the penalty of confiscation.  Any statement obtained by means of force is null and void." [1]

4. The Constitution is a juridical norm with a defining function. It is coercive in the sense that it can be imposed, even by force, in preference to all other rules of law, since it is the "highest law" to which all other laws must defer and adapt. In turn, the most important function of the Constitution, in both a quantitative and a qualitative sense, is to provide an immediate safeguard for the fundamental rights of individuals.

Universal instruments

5. At the level of universal instruments, Costa Rica has signed the Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly of the United Nations in resolution 217 A (III) of 10 December 1948.

6. Other international instruments signed and ratified by Costa Rica under Law No. 4229 are the international human rights covenants adopted by the United Nations General Assembly in resolution 2200 of 16 December 1966: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the International Covenant on Civil and Political Rights, which were approved on 11 December 1968 and published in the official gazette La Gaceta, No. 288 of 17 December 1968. In addition, under Law No. 7041, approved on 8 July 1986 and published in the official gazette La Gaceta No. 230 of 1 December 1978, Parliament adopted into law the International Convention on the Suppression and Punishment of the Crime of Apartheid.

7. Costa Rica has also ratified the following instruments for the protection of human dignity: Law No. 1205, ratifying the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 4 December 1950, published in the Official Journal La Gaceta No. 226 of 7 October 1950; Law No. 3844 approving the International Convention on the Elimination of All Forms of Racial Discrimination, adopted on 5 January 1967, published in the official gazette La Gaceta No. 5 of 7 January 1967; Law No. 6968 approving the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the United Nations on 18 December 1979, approved on 2 October 1984 and published in the official gazette La Gaceta No. 8 of 11 January 1985; and Law No. 7184, ratifying the Convention on the Rights of the Child, approved on 12 July 1990 and published in the official gazette La Gaceta No. 149 of 9 August 1990.

8. Furthermore, under Law No. 7351 of 11 November 1993, Costa Rica ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed in New York on 4 February 1985. The amendment to articles 17 and 18 is pending before the Legislative Assembly.

Regional instruments

9. At the level of regional instruments, Costa Rica signed the American Convention on Human Rights, known as the "Pact of San José of Costa Rica", on the day when it was opened for signature, on 22 November 1969. It was approved by the Legislative Assembly of the Republic under Law No. 4534 on 23 February 1970, published in the official gazette La Gaceta No. 62 on 14 March 1970, and ratified on 8 April 1970. The instrument of ratification was deposited on 8 April 1970.

10. In addition, Decree No. 7060-RE, published in the official gazette La Gaceta No. 114 on 16 June 1977, contained a declaration of the unconditional acceptance by Costa Rica, for the entire time in which the American Convention on Human Rights remains in force, the jurisdiction of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. This declaration was presented to the Secretariat of the Organization of American States on 2 July 1980.

11. Under Law No. 7573 of 1 February 1996, published in the official gazette La Gaceta No. 36 on 20 February of the same year, Costa Rica ratified the Inter-American Convention on Forced Disappearance of Persons, opened for signature in the city of Belém do Pará, Brazil, on 9 June 1994. This international document calls upon States Parties to refrain from practising, tolerating or permitting the forced disappearance of individuals, even in states of emergency, or the waiver or suspension of individual liberties, any such act being regarded as an imprescriptible international crime warranting extradition by any of the signatory States to the Convention.

12. The Protocol to the Inter-American Convention on Human Rights, on the abolition of the death penalty, was endorsed under Law No. 7747, adopted on 25 February 1998 and published in the official gazette La Gaceta No. 53 on 17 March of the same year.

13. In addition, Costa Rica signed the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, ("Convention of Belém do Pará") on 9 June 1994, during the VII Plenary Meeting of the Assembly of American States. This treaty was incorporated as Law No. 7499, approved by the Legislative Assembly on 18 April 1995 and published in the official gazette La Gaceta No. 123 on 28 June 1995.

14. Finally, Costa Rica has ratified the "Inter-American Convention to Prevent and Punish Torture", adopted in Cartagena de Indias, Colombia, on 9 December 1985 and in force since 28 February 1987. This Convention was signed by Costa Rica on 31 July 1986 and ratified by the Legislative Assembly through Law No. 7934, published in the official gazette La Gaceta No. 219 on 11 November 1999.

The Criminal Code

15. The existing Criminal Code of Costa Rica does not define torture as such. However, a draft law was published in the official gazette La Gaceta No. 234 of 2 December 1999, to insert an article 123 bis into the Criminal Code, which was enacted by Law No. 4573 of 4 May 1970.  This draft, which has been studied and reported on by the Standing Committee on Legal Affairs of the Legislative Assembly, will incorporate the crime of torture into the text of the Code, on the basis that other crimes such as homicide, causing grievous bodily harm and the sequestration of prisoners, which could involve the practice of torture, are specifically prohibited in the Code, whereas there is no definition of torture itself.

16. The text of the draft in question reads: "Single article. To add an article 123bis to the Criminal Code of Costa Rica, Law No. 4573 of 4 May 1970, to read as follows: Article 123 bis.  The act of inflicting on a person pain or physical or mental suffering, or intimidating or coercing a person by reason of an act which he or she has committed or is suspected of committing, or in order to obtain from him or her or from a third person information or a confession, or on grounds of race, nationality, sex, age, political, religious or sexual preferences, social position, economic situation or civil status, shall be punished by imprisonment of three to ten years.

17. If the foregoing acts are committed by a public official, the penalty shall be five to twelve years imprisonment and suspension from office for two to eight years".

18. In essence, this new enactment will broaden the scope of the crime of torture in Costa Rica in line with international treaties, since it covers both public officials and private individuals guilty of the offence..

19. This legislative initiative underscores the commitment of the State of Costa Rica to maintain full respect for human rights and to ensure that its citizens will enjoy such protection, and to provide the legal instruments necessary to render that right effective whenever it is breached.

20. By eradicating torture as a method of punishment, or as a means of obtaining information or a confession, or as a method of intimidation or discrimination or other offence against the integrity of the human person, the judicial authorities will have a powerful tool at their disposal to prevent both Government authorities and individuals from engaging in "this dehumanizing and vile practice". [2]

The order of precedence of international human rights instruments

21. Article 7 of the Constitution defines the order of precedence of the international treaties which have been duly ratified by the Legislative Assembly. According to article 7: "Public treaties, international agreements and concordats duly approved by the Legislative Assembly shall have a higher authority than the acts from their promulgation or from the day that they designate. Public treaties and international agreements referring to the territorial integrity or the political organization of the country shall require approval of the Legislative Assembly by a vote of not less than three-fourths of its total membership and the approval of two-thirds of the Members of a Constituent Assembly called for the purpose". (as amended by Law No. 4123 of 31 May 1968).[3]

22. "… in the event of a conflict between a treaty and a law, the question of which is anterior and which is posterior is irrelevant, for the treaty will always prevail by virtue of its "authority superior to laws"". It is clear that it will be easier to find the solution to the problem when the treaty is subsequent to the law, on the basis of the principle enshrined in article 129, paragraph 5, of the Constitution, whereby the later statute waives the earlier one. However, in fact the solution will be the same even when an ordinary law is subsequent to the treaty which it contradicts, since the latter takes precedence over the former by virtue of its superior authority, and this is borne out by the recent amendment to article 2 of the Civil Code (referred to above), in the sense that "provisions conflicting with another higher-ranking provision shall be null and void".  (Resolution of the Supreme Court, special session of 22 May 1986).

Constitutional Chamber

23. For many years, the duty of safeguarding the constitution of Costa Rica fell upon the Supreme Court of Justice, as the highest court in the land. The adoption of Law No. 7128 of 15 June 1989, entitled "Law on constitutional jurisdiction" ushered in a thoroughgoing reform of the constitutional law of Costa Rica , by establishing a new specialist chamber and a new approach to interpretation, referring to values, principles and axiological meanings beyond the letter of the written text.

24. On the question of jurisdiction, article 2 of this Law states that the Chamber may apply not only the rights enshrined in the Constitution itself, but also "those recognized by the international law in force in Costa Rica".

25. The new Law, by introducing constitutional jurisdiction into Costa Rica, modified the system of constitutional justice which had been in force until that time, and effected the greatest change in the country's legal system for the past 20 years, a change which its lawyers have called "a genuine revolution in the legal world". [4]

26. Costa Rican case law has defined the scope of article 40 of the Constitution, for the purpose of establishing the Constitutional Chamber in its decision 6685-94, to mean that "nobody may be imprisoned for life and by analogy, nor may indefinite penalties of any other kind be imposed."

27. By means of this criterion, the Chamber confirmed that all punishments of an "ad perpetuam" nature were unconstitutional. A few examples will suffice of this trend in the case law.

a) By its decision 4425-94, the Chamber resolved that: "the impossibility of cancelling an order for the removal from office of a court official means in turn that the penalty can apply for an indefinite period whenever a decision falls to be made on the rehabilitation of the former official, and this is unconstitutional, since it is a penalty unlimited in time which violates the prohibition enshrined in article 40 of the Constitution."

b) In the same light, decision 4100-94 of the Chamber stated in its preambular part that "in all these rules there is clear provision for a permanent removal from office of a notary, in the form of the definitive cancellation of the licence to practise as a notary. It is obvious that these provisions infringe the prohibition against penalties unlimited in time which is found in article 40 of the Constitution".

28. Today, Costa Rica still adheres to its undertaking to pursue the implementation and gradual improvement of the constitutional guarantees of protection for fundamental rights.

Rules governing the prison system in Costa Rica

29. The prison system in Costa Rica is governed by Law No. 4762 of 8 May 1971, establishing the General Directorate of Social Rehabilitation. Since it came into effect, there have been significant changes, along with new legal and other instruments to regulate institutional practice and the operation of the prison system. These instruments are the following:

a) Law No. 4762 of 8 May 1971 created the Board for construction, installation and property purchase, the purpose of which is to support the work of the General Directorate of Social Rehabilitation through investment, licensing and the administration of funds for the agricultural and industrial activities of the national prison system;

b) the Regulation on the Rights and Duties of Prisoners, laid down in Executive Decree No. 22.139-J, published in the official gazette La Gaceta No. 103 of 31 May 1993.

c) the Organic and Operational Regulation of the Directorate of Social Rehabilitation, promulgated through Executive Decree No. 22.198-J, published in the official gazette La Gaceta No. 104 of 1 June 1993.

d) the promulgation of Law No. 7410, published on 30 May 1994, entitled "Law on the Police", which includes  prison officers, thus ensuring stability of employment and proper training for these officers,

e) the Regulation on Visits to Prisons in the Costa Rica Prison System. Executive Decree No. 25.881-J, published in the official gazette La Gaceta on 31 March 1997. This regulation governs the entry of visitors to the prisons in the country, with a view to preserving order, discipline and security in the institution. The main aim of visits is to help maintain and strengthen the ties between the prisoner and his or her family and community.

f) the Regulation on the confiscation of drugs and the control of medicaments in the Costa Rica prison system. Executive Decree No. 25.883, published in the official gazette La Gaceta of 31 March 1997.  This regulation governs the entry of medicaments and the handling of substances which may have a negative impact on the health of persons in custody, including drugs, narcotics, psychotropic or psychopharmaceutical substances, inhalable substances, precursors and derivatives of alcohol.

g) Instruction for the regulation of organizations of prisoners and their relationship with the prison administration.  This instruction was published in the official gazette La Gaceta on 9 May 1997.  It regulates the various organizations without legal personality in the prisons in the national system, and the relationship between the prison administration and all prisoner organizations.

h) the Regulation on personal searches and inspection of property in the Costa Rica prison system. Executive Decree No. 25.882-J, published on 21 March 1997. This regulation governs the procedures for personal searches and inspections of property which apply to visitors, prisoners and prison staff, both under and above the age of majority, and to the various items of property which are brought into prison premises and which remain there or are taken out..

30. Additionally, as regards international agreements, Costa Rica has adopted the recommendations laid down in the United Nations Code of Conduct for Law Enforcement Officials, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".  The great majority of the general principles laid down in these international rules are reflected in the regulations which govern the Costa Rican prison system.

31. The United Nations Standard Minimum Rules for the Treatment of Prisoners [5] lay down rules for State and prison authorities on how they should behave and how they should handle prisoners who refuse to follow the recommendations of the security staff, and how public officials should deal with prisoners. This body of rules ensures that prisoners are not subjected to serious interference with their personal integrity and their health. One aspect of this set of rules which is worth emphasizing is article 3 of the Code of Conduct, which refers to the proportionality of the punishment, i.e., the prohibition of the use of force by public officials responsible for the care and custody of prisoners, except in cases where it is strictly necessary and to the extent required for the performance of their duty.

32. One noteworthy element of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment is Principle 30, which requires punishments in prisons to be specified by law or lawful regulations. In this context, the Regulation on the Rights and Duties of Prisoners clearly defines the kinds of misconduct and the sanctions which may apply to prisoners, and the procedure to be followed in each case.

33. These instruments represent direct sources of protection which guarantee restoration of the rights infringed where a violation is found to have occurred. If the situation is not regularized, recourse may always be had to outside bodies to compel the administration to law correctly.

Rules governing the operation of the Judicial Investigation Department (O.I.J).

34. In the administrative sphere, a number of guidelines have been laid down within the Judicial Investigation Department - the technical judicial police - on the treatment to be given to prisoners, and appropriate checks have been introduced to prevent abuses of authority.

35. The O.I.J. has a "Manual of Criminal Investigation Procedures", containing two sections with rules on the arrest of suspects and the treatment of detainees. Annexed to this Manual is the Code of Conduct for Law Enforcement Officials, adopted by the United Nations General Assembly on 17 December 1979.

Article 2

The system of division of powers

36. Costa Rica has adopted the strict principle of the separation of powers, establishing the principle of checks and balances. In practice, the executive, the legislature and the judiciary share the exercise of these powers, within the spheres of competence assigned to them by the Constitution. These powers are not dispersed in isolation from one another; they balance one another out.

37. As regards checks and balances, this means that the stronger a power is, the stronger the others become, in so far as each of them is controlled by, and controls, the others. In the exercise of its functions, each power has to ensure that it operates according to the "correct allocation"; thus the division of powers avoids an excess or distortion of power in the sphere proper to each one. On the contrary, this interplay of powers guarantees complete respect for the constitutional and legal framework.

38. As the Costa Rican jurist Carlos José Gutiérrez has pointed out, "democracy is the only satisfactory compromise between freedom and the law which men have been able to devise … Freedom is the right of each to decide and law as he decides he wants; law, on the other hand, implies the possibility that a man may be compelled to do something he does not want to do, that he may be given orders and, with the threat or reality of sanctions, be obliged to carry them out.." [6]

39. The recognition of the Constitution as the highest norm in the legal order means that it regulates the main public bodies and private subjects which coexist with it.

Judicial remedies

40. The Universal Declaration of Human Rights states in article 8, on the question of remedies, that: "Everyone has the right to an effective remedy by the competent national tribunals for laws violating the fundamental rights granted to him by the constitution or by law". 

41. The Inter-American Convention on Human Rights, also known as the Pact of San José of Costa Rica, likewise provides in its article 7, paragraph 6, that "Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished."

42. The International Covenant on Civil and Political Rights, article 9, paragraph 4, provides that "Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful." 

43. Article 48 of the Constitution offers all subjects means of protection by establishing the remedies of amparo and habeas corpus, which deliver adequate safeguards of fundamental rights.  States have an obligation to provide an effective remedy against any infringement of internationally recognized human rights. These remedies will be discussed in greater detail below.

44. After the right to life, personal freedom is the most valuable thing for human beings; without it, the other rights are lost or impaired as far as the chance of exercising them is concerned.

45. As the Costa Rican constitutional lawyer Rubén Hernández says, "legal freedom is inseparable from the human being because his life involves the constant use and development of a vast stream of potential energy and of many different creative possibilities which cannot be confined to any pre-established channel, for a human being is the architect of his own destiny... freedom, accordingly, is the essence of the human being."

 Institutions for the protection of prisoners' rights

46. For persons deprived of their liberty, Costa Rican law prescribes a range of institutions to ensure that their rights are safeguarded. The external institutions are the Constitutional Chamber, through the remedies of amparo and habeas corpus; the Office of the Ombudsman, the Criminal Courts Review, the Inter-American Commission on Human Rights, the Committee on Human Rights and the other organs of the United Nations.

47. The role of the Constitutional Chamber, established 10 years ago, is fundamental to what may be called the constitutional control over the execution of penalties. It is important to note that for the purpose of monitoring respect for the Constitution the Tribunal has introduced a novel procedure for enforcing a judgement which is very useful in the matter of applying international instruments, namely setting a time limit for compliance and requesting the institution to submit a report on the measures adopted.

48. In this connection, decision No.1032-96 of the Constitutional Chamber stated: "In accordance with article 48 of the Law on Constitutional Jurisdiction, the Executive fixes a time limit of one year, reckoned from the date of notification of this award, to bring the San José Centre into compliance with the "Minimum Rules for the Treatment of Prisoners", adopted by the United Nations. The Ministry of Justice and Pardons must inform this Chamber, every six months, of the measures adopted for this purpose."

49. For its part, the Office of the Ombudsman has a division known as "special protection" dealing with complaints and queries from detainees and their relatives and friends, and also from individuals and non-governmental organizations involved with the human rights of this section of the population.

50. This special department of the Ombudsman's office may institute investigations on its own initiative into situations which come to its notice and which are suspected of violating the human rights of prisoners. Its functions include i) ensuring compliance with the decisions of the Constitutional Chamber; ii) monitoring compliance with decisions referring to situations which violate the rights of prisoners; iii) holding meetings with prison staff and prisoners; iv) following up draft laws and regulations on the subject and v) making on-the-spot-visits, with or without prior notice, to gather information about conditions in the prison in general (hygiene, ventilation, furniture, sanitary facilities, food, medical care, education, recreation and sport, work, communications with the outside world, visits, the disciplinary regime and the treatment of all their fundamental human rights.

51. For its part, the Women's Legal Defence unit in the Office of the Ombudsman handles and investigates, from a gender perspective, alleged violations of the human rights of women prisoners.

52. Within the internal sphere of the Ministry of Justice, prisoners can have recourse to the office of the Comptroller of Services, set up by Decree No. 26965-J, published in the official gazette La Gaceta No. 98 of 22 May 1998, or to the Legal Division of the Ministry, through the Department of Administrative Procedures. This department is responsible for making the appropriate enquiries and ordering the appropriate sanctions in cases of alleged maltreatment or abuse of a prisoner by judicial officers.

53. Taken together, these institutions meet the needs of a modern democracy, in which new kinds of procedures have to be established and encouraged in order to change the spirit and methods which should govern the relationship between the administration and the users, without diminishing in any way the control exercised by the courts over the administration.

Historical background to the abolition of the death penalty in Costa Rica

54. In 1878 the then President of the Republic, General Tomás Guardia, a career soldier, abolished the death penalty, and on 26 April 1882 placed on a constitutional footing the provision which upheld the inviolability of human life. Today, this rule is enshrined in the Constitution of the Republic of Costa Rica, promulgated on 7 November 1949, which states in article 21, "Human life is inviolable".

The law on torture in Costa Rica

55. As stated in article 1, the Criminal Code of Costa Rica does not contain any definition of the crime of torture, and the Congress of the Republic is now contemplating an amendment to the Code in order to incorporate such a definition into the domestic legal order. However, the crime does not go unpunished. The law provides sanctions, not only in line with the Constitution, but also under international treaties which have been duly approved by the Legislative Assembly, such as the present Convention against Torture and the Convention on the Rights of the Child, article 37 a) of which requires States to ensure that: "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age."

Rules for public officials on obedience to orders

56. The law of Costa Rica governs the conduct of its officials when exercising a public function, and lays down a series of regulations to ensure effective compliance with its requirements.

57. Costa Rica has also incorporated, as part of its domestic legal order, the "Code of Conduct for Law Enforcement Officials", adopted by the General Assembly of the United Nations through resolution 34/169 on 17 December 1979. Article 5 of the Code states that "No law enforcement official may inflict, instigate or tolerate any law of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances".

58. For its part, article 71 of the Law on Constitutional Jurisdiction states that "a sentence of three months to two years imprisonment, or twenty to sixty days fine, will be imposed on any person who fails to fulfil or cause to be fulfilled an order made in proceedings for amparo or habeas corpus, unless the offence carries a more severe penalty."

59. Article 72 goes on to state that "A term of imprisonment of six months to three years, or sixty to one hundred and twenty days fine, will be imposed on any person who causes a fresh application for amparo or habeas corpus for the purpose of recovering damages for the same persons for laws, omissions or threats which gave rise to a previous successful application for amparo."

60. In Chapter XV, entitled "Offences against the duties of public office", the Criminal Code defines the offence of abuse of authority. Article 329 states: "A public official who abuses his position to order or commit any arbitrary law such as to impugn the rights of any person, will be punished by imprisonment of three months to two years."

61. The above provision shows that the domestic law draws no distinction between torture and cruel and inhuman, or degrading treatment, but merely lays down penalties for public officials who commit the generic offence of "arbitrary laws". In this sense, Costa Rican law is in line with General Comment No. 20 on article 7 of the International Covenant on Civil and Political Rights, approved by the Committee on Human Rights in 1992, and with article 16 of the Convention against Torture.

62. Article 189 of the Criminal Code, in section 1, does however cover offences against individual liberty, and especially kidnapping. It states: "Article 189: Anyone who reduces a person to servitude or a similar condition or maintains a person in such a condition will be punished by imprisonment of four to twelve years."

63. Article 190 of the Criminal Code governs the offence of concealment of prisoners by the authorities, and reads as follows: "Article 190: Authorities which order and agents who carry out the concealment of a prisoner, who refuse to bring a prisoner before the appropriate Tribunal or frustrate in any other way the guarantee afforded by article 37 of the Constitution, shall be subject to the same penalty, in addition to the loss of their employment, office or function or disbarment from obtaining same for six months to two years."

Rules concerning amendments to the Constitution

64. In article 121, paragraph 7, On the functions of the Legislative Assembly, the Constitution provides for the possibility of "suspending by a vote of at least two thirds of all its members, in the event of obvious public necessity, the individual rights and guarantees enshrined in articles 22 (freedom of movement), 23 (inviolability of the home), 24 (inviolability of documents), 26 (right of reunion), 28 (freedom of opinion), 29 (freedom of expression), 30 (right of access to Government departments) and 37 (the right not to be detained without prior proof of an offence and the order of a court in accordance with the Constitution). The suspension may affect all or some of the rights and guarantees, all or part of the territory, and may last for up to thirty days. During this period, the Executive may only order the detention of individuals in establishments not intended for ordinary convicts, or may require them to be confined in places of habitation. It must also render an account to the Assembly, at its next meeting, of the steps taken to safeguard public order or to maintain the security of the State. Suspension of individual rights and guarantees not specified in this paragraph is not permitted in any circumstances."

65. The power to suspend constitutional guarantees on an exceptional basis is conferred on the Executive by article 140 (4) of the Constitution, which states that "During adjournment of the Legislative Assembly, to order the suspension of rights and guarantees referred to in section 7 of Article 121, in the same instances and with the same limitations as are established therein, and to report immediately to the Assembly. A decree of suspension of guarantees is equivalent, ipso facto, to a convocation of the Assembly, which must meet within the next forty-eight hours. If the Assembly does not confirm the measure by a two-thirds vote of its entire membership, the guarantees shall be considered as reestablished. If the Assembly is unable to meet due to lack of a quorum, it shall do so the following day with any number of deputies. In this event, the decree of the executive power requires approval by a vote of not less than two-thirds of those present."

66. It should be pointed out that for the whole of the democratic period governed by the Constitution of 1949, Costa Rica has not found it necessary to resort to the suspension of guarantees contemplated in the Constitution.. The rule of law has always remained in force in theCosta Rican legal order.

Evictions and land ownership 

67. As regards evictions and land ownership, there are difficulties in some parts of the country where territorial delimitation and land occupations are causing some conflict.

68. The most striking example is the Pavones region, in the south of the country, where a Costa Rican citizen and a United States citizen were killed in 1997. The case was resolved recently, and the Costa Rican involved in the death of the United States citizen was acquitted, the courts in Costa Rica having decided that it was a case of self-defence.

69. On 19 May 1998 the police evicted 278 families from a property in Cartago province. On 4 September, the police evicted 300 families who had a revocable lease on land in Quepos, Puntarenas.  Both evictions were peaceful and within the law.

70. The report on the human rights situation in Costa Rica in 1999, prepared by the United States Embassy, refers to the problems involved in the occupation of uncultivated land. It states that President Rodríguez is anxious to reduce these conflicts by stepping up public security and regulating land tenure, and that the Legislative Assembly is reviewing the law on land ownership. This report mentions two significant evictions in 1999, on 25 May and 30 June, when the police evicted 350 and 300 families respectively in San José, in both cases peacefully and within the law.

71. A difficult eviction case in recent months was the one which took place on 1 July 1999, when about 300 families were evicted from the site known as La Carpio Dos, in San Sebastián, in the urban area to the south of the capital. The eviction was a lengthy legal procedure, since the Ministry of Public Security had to wait almost 23 months to carry out the court order.

72. The first application was made on 24 July 1997, and the order was made for the following 8 August. The affected parties entered a number of administrative appeals and plenary actions with the Hatillo court, but none was successful. They also made 250 amparo appeals to the Constitutional Chamber, all of which were dismissed. A fresh eviction order was made in April 1999, but was not carried out. Faced with this situation, the owners of the building submitted an amparo appeal to the Ministry of Public Security. It was upheld, giving rise to the eviction.

73. As a result of the Carpio Dos eviction, 15 Nicaraguan citizens were deported by the immigration authorities in accordance with the law, because they lacked regular immigration status.  This situation prompted an amparo appeal to the Constitutional Chamber from the Legal Counsel of the Embassy of Nicaragua. The appeal was submitted on 15 July 1999, and was given the roll number 99-005168-0007. The appellants argued that their application for a residence certificate had been rejected while the Amnesty Law for migrants was in force, and they had not been granted the period allowed by the Law to appeal the administrative decision. It was argued that this in itself was a violation of the principle of legality and of due process, enshrined in articles 11 and 39 of the Constitution.

74. The Constitutional Chamber, in its decision No. 7741-99, granted the amparo appeal, stating in the preamble to its judgement that "the decisions in question were not properly reasoned and therefore infringed the right of defence and due process ..".  Consequently, "the amparo appeal is upheld having regard to the principle of timely and complete adherence to the law, which applies also to the administration, since the General Directorate for Migration and Aliens is bound to deal with an application for temporary residence submitted by the appellants in the order required by the rules laid down by the competent authorities; the decisions whereby deportation was ordered are set aside, and accordingly, the appellants may enter and remain in the country at least until their application for residence has been heard, under the exceptional regime, and no renewed deportation order may be made, in compliance with the provisions of the law in this matter."

75. The last eviction took place on 17 February 2000 on a site in the municipality of San José, located in the community of Salitrillos de Sabanilla, in the canton of Montes de Oca. This group, evicted on two occasions by members of the municipal police, consisted of about 300 families. The eviction took place peacefully, as the families had been notified of the police action ahead of time by the authorities themselves. In the presence of the civil guard, the municipal police, officials of the Directorate for Migration and Aliens, the National Institute of Housing and Town Planning (INVU), and the Mixed Institute for Social Assistance (IMAS), the eviction took place in mid-February 2000.  The evicted families were rehoused in a property to the south of the city of San José. [7]

76. The eviction of temporary residents is a regrettable affair from the viewpoint of human rights. However, Costa Rica is a State governed by law and must comply with the rules enshrined in article 45 of its Constitution, which upholds the right to private property. The fact of having no home is not an offence in itself; on the contrary, it translates into an undertaking on the part of the Government authorities to resolve the problem. However, the Costa Rican legal order does regulate a number of situations which may result in illegal actions defined in the Criminal Code.

77. The Government of Costa Rica is aware of the housing problems of many of its inhabitants, and estimates the housing shortage to date as 170,000 units [8].  This situation has deteriorated further in recent years with the entry of a large number of refugees and economic migrants from Central America, especially Nicaragua, escaping from the difficult economic situation in their country and seeking better prospects in Costa Rica.

78. However, the rule of law must prevail, being a key element of democracy. For this reason, the Government must at times law to prevent occupations of waste land which undermine public order and restrict the rights of the lawful owners of the land.

79. As an example of its policy, and because of the lack of available resources to deal with the migrant problem in Costa Rica, the Government is negotiating with the United States Agency for International Development (USAID) for assistance in resolving the social problems in the 21 cantons which have the largest numbers of migrants in Costa Rica.

80. Under the "Programme for improving the quality of life of immigrants in Costa Rica and facilitating their integration", it has proposed to the Government of the United States that it contributes 21% of the total cost of the project, estimated at $90.2 million dollars. This project, to be implemented by the International Organization for Migration, will provide support for the four areas most affected by the increasing immigration from Central America: health, employment, housing and education.

81. The deportation of foreigners living in temporary housing takes place because such persons are acting outside the law. The Government has made it known through various channels that it will not permit any illegal foreigner, even if his immigration status is currently being processed, to take part in land occupations. The aim is to find an overall solution to the housing problems, without allowing the institutional order to be undermined.

82. In the same sense, judgement No. 106-94 of the Constitutional Court held that "Where foreigners reside on the national territory, there is a presumption that their conduct complies with the internal law. The American Declaration of the Rights and Duties of Man states, in article XXXIII, that "It is the duty of every person to obey the law and other legitimate commands of the authorities of his country and those of the country in which he may be." Good behaviour is a substantive requirement and principle for the lawful residence of foreigners on the national territory. Consequently, it is not unreasonable if, in the event of a change of circumstances such as occurs when the legal order is infringed, the right of residence enjoyed by a foreigner may be withdrawn by the competent authority."

83. What is important in such instances, as the press and representatives of local human rights organizations have pointed out, is to recognize that the actions of the police were peaceful. In this sense, the press noted that "what happened was within the law and fully respected the rights of the occupiers. There are no recorded instances of abuse by the officials who carried out the eviction order, in spite of the resistance put up by the temporary residents." [9]

84. In its 1999 report on the human rights situation in Costa Rica, the United States Department of State reiterated the point made in its previous reports, that the authorities law within the law, and there are no allegations of abuse against the officials who participated in the evictions. There are no known reports on the incident from other countries, and for this reason only the report from the United States is mentioned here, in the light of its demonstrated interest in land tenure situations.

85. The eviction procedures of the Ministry of Public Security are duly regulated. The first step is when the Ministry receives from the interested party an application accompanied by a land registry certificate or notary's certificate to the effect that he is the lawful owner or proprietor. Once these documents have been submitted, the Legal Department of the Ministry draws up an official decision which is signed by the Minister, informing the defendant that he must leave the premises within the fixed time limit of five working days, or show a better claim to them.

86. If the defendant wishes to lodge a petition for the Ministry to reconsider its decision, the eviction is suspended until a fresh decision is made assessing all the evidence brought by both parties.  In addition, the defendants may lodge an appeal for reconsideration or review, a complaint or an amparo application. The occupiers may also bring the decision to the courts. If the applicant is able to prove a better claim, the eviction order will be enforced.

87. In executing the order, the temporary occupants are given 72 hours to leave the premises voluntarily, and only if they fail to do so may force be used by the police, as permitted by law. Where evictions are carried out by members of the police force, officials from other Government agencies are asked to be present, including the Red Cross, the National Children's Council, the Office of the Ombudsman, the immigration police, the Ministry of Housing and the local State attorney's office.

88. The reports of Amnesty International for 1997 and 1998 record several cases of alleged excessive use of police force in rural evictions, especially the 1997 report, referring to the "18 April farm" in Sarapiquí, in the northern part of the country. It is alleged that 80 members of the Civil Guard and various private armed guards proceeded to evict about 200 peasants who had invaded the site. During the eviction, three peasants were injured by shooting or otherwise, and some claimed to have been beaten after being taken into detention.

89. According to a report submitted by the Ministry of Public Security, the company "18th April S.A." applied for the evacuation of the building, located in Achiote de Sarapiquí, on 23 January 1995. Following a number of judicial and administrative procedures, the eviction order was first executed on 7 May 1997. In spite of that, the occupiers again took possession on three subsequent occasions, and were evicted each time.

90. When the fourth eviction order was executed, on 30 May 1997, it was reported that two of the occupiers were hurt. The investigation carried out by the internal authorities of the Ministry of Public Security established that there was no responsibility on the part of any police officer for the injuries sustained.

91. The investigation established that on the day in question, the Costa Rican police did not have at its disposal any firearm which could have resulted in injury to one of the persons concerned.

92. As regards the second of the two persons, Mr VRTR brought a court action against Mr FGCC, believing him to be the police officer who had shot him in the leg. However, the finding of the criminal court of Sarapiquí, in the north of the country, held it to be proven that the accused had never been a police officer and was not the perpetrator of the alleged unlawful laws, and therefore ordered the case to be dismissed.

93. Situations of this kind tend to occur in isolation and are the exception rather than the rule, as pointed out by the Office of the Ombudsman in its 1999 report: "The Ministry has complied with the recommendations made, and is acting in accordance with the principle of cooperation and mutual assistance. This indicates that it has succeeded in coordinating its action with the public institutions whose functions require them to meet the various social and economic needs of residents."[10]

94. The Government of Costa Rica, mindful of the division of powers enshrined in the Constitution and in the General Law on Public Administration, has been concerned to find solutions to the problem of unlawful occupation of land, especially in the southern part of the country. The inhabitants of sites held without a licence enjoy all the formal and procedural guarantees provided by the legal system, and when an eviction takes place, they are entitled to be heard and to supply proof, if they have it, that their occupation is lawful.

95. In December 1997 the previous Government set up two commissions, one consisting of ministers and executive presidents, the other, which is still in being under the present Government, consisting of public officials from the institutions concerned, included representatives of the Ministries of Justice, Agriculture and Stockbreeding, Environment and Energy, External Relations and Worship, Public Security, Local Government and Police and Information and Foreign Trade, and from the Institute of Agrarian Development, the Institute of Housing and Town Planning, the National Geographical Institute and the Costa Rican Institute of Tourism.

96. Basically, this Commission has focused on moving forward and following up the various tasks of the different institutions and agencies involved in the regulatory plans funded by the Costa Rican Institute of Tourism, or by individuals themselves. Its functions include putting into action two regulatory plans in Pavones and the boundary plan to delimit the maritime/land zone by the National Geographical Institute; negotiating for and purchasing sites in the region to settle peasants; and stepping up security in the region. It should be pointed out that under the present administration this Commission has not engaged in negotiating for or acquiring property to resolve the situation. [11]

Police forces operating in the country

97. Law No. 7410 of 20 May 1994, called the "General Law on the Police", determines which police and security forces operate in the country. These are the State Security Department and the Special Intervention Unit, both of which come under the President of the Republic; the Civil Guard, the Rural Police Service, the Frontier Police, the Immigration Police and the police force responsible for the control of unauthorized drugs and related activities, all dependent on the Ministry of Public Safety, Local Government and Police; the Financial Inspectorate, which belongs to the Ministry of Housing; the Judicial Investigation Department which answers to the judiciary; the criminal police, answerable to the Ministry of Justice; the transit police, answerable to the Ministry of Public Works and Transport, and the municipal police forces.

98. The national budget for 2000 has made provision for the following posts within the various security forces: the Ministry of Justice – General Directorate of Social Adaptation - has a staff of 160 administrators, 291 graduate professionals, 243 technicians and 201 police officers; the Ministry of Security has 9,340 police; the Judicial Investigation Department has 691 officers, and the transit police has 885 inspectors.

99. The markedly civilian character of the police forces has been brought out recently by the presidential action of Dr. Miguel Angel Rodríguez, in Executive Decree No. 28504-G of 3 March 2000, amending Article 59 of the Service Regulation for Police Forces answering to the Ministry of Public Security. In future, the names of the different grades will be:

"Superintendent" instead of "Colonel"

"Commissioner" instead of "Lieutenant Colonel"

"Commander" instead of "Major"

"Captain of Police" instead of "Captain"

"Intendant" instead of "Lieutenant"

"Sub-intendant" instead of "Sub-lieutenant"

"Police sergeant" instead of "Sergeant"

"Inspector" instead of "Chief"

"Agent" instead of "Superior".

100. The elimination of military ranks from the police forces of the Ministry of Public Security was implemented during his term of presidential office by Dr. Oscar Arias Sánchez, Nobel peace prize winner, in the period 1986-1990; however, the subsequent presidential administration restored them.

Private security forces

101. In parallel with the function carried out by these police forces, companies, local -communities and individuals make use of private guards or police units, to an ever-growing extent. Security agents of this kind are only empowered to protect by all legal means the physical safety and property of those contracting for the service, and those of persons within the area covered by the service.

102. For this purpose, the provisions of Chapter II, Title I of the General Law on the Police, concerning the ethical and juridical aspects of police action, apply to them in their entirety. In addition, a security force of this kind is forbidden to detain, search, or deprive of liberty any person, unless detected in the process of committing an offence.

103. Supervising security units of this kind is the responsibility of the Department of Private Security Services, answering to the Ministry of Public Security, which was created under the General Law on the Police, No. 7410 of 19 May 1994, regulated by Decree No. 23879-SP.  These normative texts have replaced the previous concept of the Auxiliary Police by the Private Security Service. This new approach covers all the private security units in the country, whether or not they represent security firms.

104. The private security forces may only use specified permitted weapons, in accordance with the relevant rules (Law on Weapons and Explosives, No. 7530). According to Article 20, permitted weapons are pistols, revolvers, carbines, rifles and shotguns between 5.6 mm (22 bore) and 18.5 mm (12 bore), and which do not release more than one projectile in bursts or successively, do not possess an automatic fire selecting device and do not have the capacity to fit for launching explosives of any kind.

105. In order to carry out their activities, the Constitutional Chamber has reaffirmed that they must comply with various requirements, as set down in the registers of the Ministry of Public Security, obtain a firearms certificate, pass a psychological test and the basic police training, hold third party accident insurance and have completed nine years of basic general education.

106. In turn, the Constitutional Chamber has ruled, in admitting an action for unconstitutionality against Article 90 of the General Law on the Police, that foreigners may also be contracted for this kind of work. In May 1999 approximately 235 companies employing 50 foreigners and 4,800 Costa Rican citizens were registered with the Department of Private Security Services of the Ministry of Public Security.

107. The work of training and police training is the responsibility of the Francisco J. Orlich National Police Academy.  The course of basic police instruction may be given by institutes of higher education, vocational technical training institutes or private academies, through prior authorization by the Ministry of Public Security.

108. The ruling by the Constitutional Chamber laying down the requirements caused some initial conflict with the Police Law, since about 80% of people working in these companies do not have nine years of basic education. In order to resolve this problem and to legalize a factual situation in which about 600 small firms are operating outside the law, and about 5,000 Costa Rican nationals and foreigners are providing security services without authorization, there is a draft law before the Congress of the Republic to regulate private security services.

109. Moreover, in order to regularize the situation the Ministry of Security has set up an inspectorate for the private security units, and especially to deal with complaints made by individuals.  Unfortunately, economic restrictions and the legal definition of an offence, because these units are acting on the fringes of the law, make it impossible to provide blanket supervision. It is hoped that these shortcomings can be rectified with the law now before the Congress of the Republic.

The municipal police

110. The functions of the municipal police have been defined in the new Municipal Code, which enables each of the country's 81 municipal authorities to decide what kind of policing it needs.  There are presently seven municipalities which have built a police force, each with its own characteristics, namely, Alajuela, Belén, Santo Domingo, Montes de Oca, Heredia, Guápiles and Puntarenas.

The San José municipal police

111. The largest municipal police force is the one in San José, set up in 1992, which now has about 300 serving police officers. The requirements for joining the San José force are: to be a secondary school graduate, to be at least 1.70 m tall, hold a current driving licence, have a good manner, preferably be a resident of the canton, and be without any previous convictions.

112. The function of this police force is to safeguard law and order and the safety of the public within the territorial jurisdiction of the canton and in other cantons as authorized by the respective municipal councils. In considering public safety and law and order, account must be taken of a number of factors such as minor offences, larceny, robbery, assault, anything connected with drugs, disturbances, economic crime, environmental crime, street trading, the use of municipal licences and traffic control, among others.

113. Collecting a municipal tax to finance the municipal police has been ruled out by the Constitutional Chamber, in a recent judgement (December 1999) which declared unconstitutional the collection of a tax for the safety of the public, thus confirming an opinion of the Public Prosecutor of the Republic, to the effect that "the Constitution provides that public safety is free of charge". This has compelled the municipal authorities to find other means of funding, and a draft law for this purpose has been submitted to the Legislative Assembly. [12]

114. As for training, before being employed municipal police officers must undergo an initial basic course of police training lasting 96 hours. Subsequently, once they are employed, they undergo continuing practical training supplemented by talks, lectures, workshops and seminars on various topics, human rights being among the subjects discussed.

115. The municipal police has a permanent base in each of the following districts of the capital: Luján, Otoya, Cuba. México, Pitahaya and Parque Central, each having cells to lock up detainees who are violent or dangerous. At present there is no detention centre as such, but in the near future suitable premises will be adapted to provide conditions adequate for detainees. For operational reasons, the Civil Guard and the Municipal Police collaborate in the use of the municipal cells.

116. As regards control and supervision, the city has a number of bodies to which complaints can be made concerning abuses of authority. These are the Municipal Council of San José, the district councils, the Commission for Citizens' Safety of the Municipality of San José, the Mayor's office, the headquarters of the municipal police, the Department of Human Resources, the Labour Arbitration Panel, the municipal boards and the neighbourhood councils. Aggrieved parties may also have recourse to national supervisory bodies such as the judiciary and the Office of the Ombudsman.

117. Every complaint or accusation against officers of the Municipal Police of San José is sent to the Labour Arbitration Panel of the Department of Human Resources for assessment and investigation. Depending on the gravity of the offence committed by the officer, sanctions may range from a warning to termination of contract or dismissal.

118. In spite of the existence of a system of interlocking controls, unfortunately there have been some accusations of abuses of authority or irregularities, some of which have been lodged by citizens by telephone, fax, telegram or in person, alleging irregular conduct on the part of the municipal authorities.

The municipal police of Alajuela

119. The municipal police of Alajuela, the second largest city in the country, consists of 40 members, and is expected to increase to 45 this year. The requirements for joining are the same as in the other municipal police forces: to have at least three years secondary education, to be without a criminal record, to pass the psychological examination and to be prepared to receive training in various fields.

120. The municipal police of Alajuela has an agreement with the municipality of San José for training its officials. Municipal officials also take part in seminars conducted by the Public Prosecutor's Office, in which the main topic is proper treatment of human beings and the protection to be afforded to them, including those who have breached public order.

121. The municipal police of Alajuela has no detention centres of its own, and has to coordinate with the police authorities the apprehension, detention and arrest of persons who fall foul of the Law.  Its activities are supervised by the office of the Mayor and the Department of Human Resources.

122. According to official reports, although there have been some allegations of abuse of authority investigation has shown that the alleged laws were not committed or that the necessary element of proof was missing for charges to be brought, with the result that the complaints were dismissed and the allegations filed away.

The municipal police of Belén

123. In the case of the municipality of Belén, located in the province of Heredia, the police force has 30 members, of whom 10 are currently serving and 17 in training. The requirements for joining this new force are to be aged between 20 and 40, to be a Costa Rican citizen (by birth or naturalization), to be without a criminal record, to have completed at least the third year of secondary school, to be at least 1.70 m tall and in good physical condition, and to train for three months in the National Police Academy.

124. The curriculum for the training course for the municipal police includes the following subjects: personal relations, courtesy and discipline, weapons, safety of installations, compilation of documents, police procedures and intervention, policing ethics, self-defence, combating drugs, road safety, first aid, control of buildings and locations, human rights, police law, municipal law, the State and society, and physical training. In the coming months they will also have classes in computing and English.

125. This police force carries out public patrol and security duties within the municipality. It guards buildings and installations, controls and regulates traffic, collaborates with other national police forces, provides aid in the event of accidents or disasters and protects the environment, in a context of full compliance with the law.

126. In the particular case of the Belén municipality, there is no penal centre of its own, but its works in conjunction with the rural guard service of the canton. There is a client office to supervise its activities, and any citizen may make a complaint to the office in the event of any irregularity.

Municipal police of Montes de Oca

127. Finally, in the case of the municipal police of the canton of Montes de Oca, there is a group of 30 officers engaged mainly in looking after the municipal buildings.

The legal basis for the municipal police

128. The existence of the municipal police has however raised issues of a legal nature. A statement by the Public Prosecutor of the Republic in October 1999 said that "the rules on which its establishment is based violate the constitutional principles of legality, equality, reasonableness and proportionality". The issue also extends to the collection of municipal taxes for the purpose, as already explained.

129. The study by the Public Prosecutor stated that "the existing regulation for the operation of the municipal police is inadequate, because its existence does not comply with the principle of legality. However, if these regulatory norms were part of a law or of the Code itself, the defect would be cured. These norms should establish, develop and decide with clarity the powers of the municipality in this field."

130. As regards the collection of municipal taxes for the provision of security services, the Public Prosecutor stated that "there is a breach of the principle of reserved legislation - the power of the Assembly to enact laws - and the collection of the tax, regardless of whether it is a special levy, a tax or a charge, must be in accordance with article 121 (13) of the Constitution".

131. This pronouncement follows upon the submission of four claims of unconstitutionality dealt with by Chamber IV against articles 4 (d), 13 (b), 68 and 74 of the Municipal Code. These four actions questioned the existence of the municipal police, on the basis that this is the exclusive function of the State and must be provided free of charge.

132. In order to deal with this situation, a draft law to amend the Municipal Code has been submitted, and was published in the official gazette La Gaceta, No. 114 of 14 June 2000, introducing a municipal police tax. The tax for the police forces will be an addition to the charge payable on immovable property, and is likely to be between 0.05% and 0.3 % of the value of each property.

The budget of the Costa Rican penal system

133. The annual budget of the Ministry of Justice for 1999 was 9,561,039,000 colones, of which 6,905,648,483 colones were for the Directorate of Social Adaptation, the equivalent of 72% of the entire budget allocation.

134. For the year 2000, the national budget for the Directorate of Social Adaptation is 9,582,560,752 colones, not including transfers.

135. This sum has been broken down as follows:

a. Design, construction and upgrading of the prison infrastructure: C 568,953,645 ($1,841,273)

b. Care and upkeep of prisoners: C 8,065,351,031 ($26,101,459)

c. Analysis of the legal and behavioural aspects of prisoners: C 568,953,645 ($1,841,273)

d. Development of strategies for prison security: C 189,651,215 ($613,757)

e. Development of training programmes: C 94,825,607 ($306,878)

f. Repatriation of prisoners in line with international agreements: C 94,825,607 ($306,878)

The budget of the Ministry of Public Security

136. For the year 2000 the Ministry of Public Safety, Local Government and Police has the following sums allocated for its various units:

 Colones Dollars

National police 16,816,540,440 54,422,460

Urban police 2,001,969,100 6,478,864

Police infrastructure 200,196,910  647,886

Radio patrols 200,196,910 647,886

Rural police 200,196,910 647,886

Private security 200,196,910 647,886

Frontier police 200,196,910 647,886

Murder statistics for the country

137. As regards the statistical data for homicides for every 100,000 inhabitants, the figures show that in 1996 the percentage figure was 6 cases, with a total of 189 cases dealt with by the Judicial Investigation Department. The figures for 1997 and 1998 showed that the average percentage figure was still six, although in 1997 there were 214 homicides and in 1998 203 violent deaths. In the period 1999 - March 2000, 225 homicides were committed in the country, plus four cases which have not yet been defined pending medical reports. [13]

Statistics for deaths in the prison system

138. According to figures for 1997, the total prison population was 5,454, representing a proportion of 159 per 100,000 of the population. In 1998, the prison population was 5,821, or 166 per 100,000; in 1999, it was 7,676, or 216 per 100,000.

139. The United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD) has recently stated that between 1992 and 1999 Costa Rica's prison population grew from 3,375 to 8,526. This represents an increase of 155% in a period of seven years, the largest increase in Latin America. Subject to these variables, the number of persons in detention per 100,000 is 229, the second in the continent. [14]

140. On the other hand, in May 1999 the total prison population was 8,404, of whom 5,278 belonged to the institutional category, 691 to the semi-institutional category, 242 to the category of children and adolescents, and 2,193 were in the category of community supervision." [15]

141. It should be borne in mind that in 1999 the prison population benefited from the introduction of the "deferment under supervision" procedures, a product of the new law on criminal procedure.  If the relevant sector of the population, and the remainder in the community are disregarded, the net figure would be 173 per 100,000 inhabitants. Further details will be found in the annex to the report on the prison population issued by the Department for Research and Statistics of the Ministry of Justice for May 1999.

142. The procedures for deferment under supervision, laid down in article 25 of the Code of Criminal Procedure, enable a sentence to be commuted in the form of work for the community, in the case of minor offences only. This alternative has enabled many victims to recover property lost as a result of crime, and has benefited communities, who receive manpower free of charge.

143. As regards deaths occurring in the national prison system in recent years, 72 individuals have died, a figure broken down as follows: 24 as a result of homicide, 13 from suicide, 29 from natural causes and 7 from accidental death.

144. According to the records of the Ministry of Justice, the most recent fatality in the prison system was the case of Mr JCLM, aged 46, who died at the hands of his cellmate in the penal centre of La Reforma on 10 October 1999. JLCM died after being stabbed 12 times by the person sharing his cell, in what seems to have been a crime of passion.

145. The authorities working in the prisons have been vigorous in making searches in order to detect weapons; however, the prisoners always manage to conceal them while in the presence of the guards.

146. If we look at the period 1994-1998, the prison police was involved in the following cases of homicide, while carrying out their role of containment and in circumstances of escape or attempted escape: on 11 February 1994 Scott Wood died from two gunshot wounds while attempting to escape; on 11 March 1996 Mr Martín Montalbán Hernández died from a single shot while attempting to escape; on 8 May 1996 Mr German Ugalde Quesada died during an escape attempt and on 2 December 1998 Mr Cristián Piedra Azofeifa died during an escape attempt.

147. A decision strongly challenged by the Office of the Ombudsman, as reflected in its 1999 report, was the order given by the President of the Republic to the prison authorities, from 19 November 1998, to shoot at persons participating in the escape. This order was given because of the jailbreak attempts and other threats of disorder in the La Reforma prison. [16]

148. The Office stated that "The lack of precision in ad hoc instructions of this kind, coupled with the lack of adequate training, causes confusion among security agents, who on carrying them out are invariably afraid of being held responsible for such laws and losing their jobs as a result. Thus the reaction shown by the security agents is extremely violent, because in order to avoid escapes or riots, they have adopted defence and security mechanisms which could impugn the physical integrity and lives of persons deprived of their liberty".

149. "One example of this was the most recent escape attempt in the La Reforma centre. One of the individuals attempting to escape was recaptured ten minutes later. Afterwards it was found necessary to transfer him to the La Reforma Clinic, and from there to the Alajuela hospital, because he had sustained an injury to the head which required eight stitches, as well as a gash in one of his arms. [17]"

150. In spite of the view expressed in the report by the Ombudsman, in July 1999 the third chamber of the Supreme Court of Justice dismissed a complaint of incitement to homicide against the President of the Republic, Dr. Miguel Angel Rodríguez. The complaint was lodged by Mr LARG on behalf of a number of prisoners who had taken part in an escape attempt at the La Reforma prison in December 1998. On that occasion the prisoner CPA died.

151. Because of the foregoing, the complaint alleged that the decision by the President to authorize those guarding the prisoners to open fire against those attempting to escape constituted the offence of incitement to homicide. In the preamble to its ruling, the Chamber held that "in the case under consideration, there is no case to answer because the laws complained of do not fall within any definition of a criminal offence". The decision by the President had already been challenged in the Constitutional Chamber, but the challenge was rejected there too. Likewise, for the authorities of the Directorate of Social Adaptation, the procedures which were authorized did not at any time depart from the guidelines laid down by the United Nations.

152. It should be made clear that the order is carried out only as a last resort in order to capture fugitives.  The order to fire is not an order to open fire in an arbitrary or indiscriminate manner such as to place lives at risk, but rather the ultimate recourse of the guards in securing detainees who are seeking to evade justice.

Rules of the juvenile justice system

153. The Costa Rican legal order provides for special treatment within the criminal justice system for juveniles, governed by the Law on Juvenile Justice, promulgated by Law No. 7576 of 6 February 1996.

154. This instrument responds to the provisions of articles 37, 39 and 40 of the Convention on the Rights of the Child, which establish an undertaking on the part of States not to subject juveniles to torture or to cruel or inhuman treatment, and to treat them with the dignity and humanity inherent to the human person; to adopt where necessary measures for the rehabilitation and reintegration into society of a child who is a victim of torture, abuse or exploitation; and to adopt a special procedure, with procedural guarantees, for children who are alleged to have infringed the criminal laws or who are accused or found guilty of infringing them.

155. The new Law replaces the Organic Law on Tutelary Jurisdiction for Minors (Ley Orgánica de la Jurisdicción Tutelar de Menores), promulgated in 1963, which tended to regard juveniles as passive subjects of the law, without according them the guarantees enjoyed by adults under the criminal law. They were treated as being incapable and in need of guardianship and assistance.

156. The new instrument adopted a model which provides sanctions and guarantees at the same time. It is akin to the criminal justice rules applying to adults, in that it refers to the individual rights and guarantees of persons accused of an offence. However, it has features adapted especially to trials involving adolescents and juveniles: criminal responsibility, restricting the role of the criminal law to the minimum, a wide range of sanctions, especially in the field of social rehabilitation, and a reduction to the minimum of penalties involving a loss of liberty.

157. The subjects of this legislation are persons aged between 12 and 18, a dividing line being laid down at age 15.  This special law is supplemented by the Convention on the Rights of the Child, adopted by the Legislative Assembly under Law No. 7184 of 12 July 1990, published in the official gazette La Gaceta No. 149 on 9 August 1990; the United Nations Rules for the Protection of Juveniles Deprived of their Liberty; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules, and the United Nations Guidelines for the Prevention of Juvenile Delinquency, known as the Riyadh Guidelines.

158. According to the statistics held by the judicial authorities, by the end of 1998 the number of juvenile cases in the justice system was almost the same as for the end of 1997, since the increase was a mere 15 cases. In 1997 there were 2,348 cases, and in 1998 the courts dealt with 2,363 cases, reflecting an increase of barely 0.64%.

159. In 1998, the number of completed cases of juvenile crime was 8.065, i.e., 510 more than in 1997, when 7,555 cases were dealt with. In the course of 1998 there were 542 conciliation hearings, in which 70.1%, or 380 cases, resulted in a settlement, which was not achieved in the remaining 162. In the course of 1998 charges were laid against a total of 8,683 minors, of whom 81.7% were males and 17.4% females; on in 0.6% of cases was the sex unknown. Thus for every 100 females brought before the courts there were 460 men, a lower proportion than in 1997 when 547 males were charged for every 100 females.

160. As regards the type of case, in 1998 61.1% (5,305) of minors were charged with criminal offences, 23.6% (2,045) with contraventions and the remaining 12% (1,043) with traffic offences. Looking at the categories of offences involved, we find charges of robbery, larceny, criminal damage, simple battery, grievous bodily harm and, to a lesser extent, threats. Among the contraventions we find violent behaviour, petty larceny, obscene language, minor damage, disorder and assault. In that particular year there was only a small number of cases of disrespect for the authorities, compared with 1997, but a high percentage of offences against the person. [18]

161. As for the type of offence, the following may be quoted for 1998: property offences 3,188; offences against the person, 882; sexual offences, 337; offences against liberty, 219; infringements of the Law on Psychotropic Substances, 231; offences against the administration of justice, 97; others, 351.

162. In the year under review, 3,353 cases were dropped; 2,844 were dismissed with prejudice; 148 were dismissed without prejudice; there were 784 findings of contempt of court; 236 joint trials, 360 judgements; 180 conditional settlements; 241 findings of lack of jurisdiction; 806 findings of prescription; 653 proceedings were provisionally stayed and 714 cases were resolved in other ways.

163. As regards the measures ordered, in 1998 these were as follows: a warning in 61 cases, probation in 71, community service in 19, restitution in 2, an order for guidance and supervision in 30, domiciliary confinement in 4, detention in a special centre in 53, and a conditional sentence of detention in 6.

Juvenile detention centres

164. Within the Department of Social Adaptation there is a division for adolescent and juvenile offenders. This consists at present of the Zurquí Juvenile Training Centre, which receives the juvenile prison population, both male and female, following indictment and sentence, and the Centre for Young Adults, which receives male offenders who have reached the age of 18 but were detained before that age. This Centre is located in the La Reforma centre, but the inmates are separated physically and materially from the rest of the prison population.

165. The Zurquí Juvenile Training Centre presently contains 23 adolescents, of whom 20 are male and 3 female (January 2000) and the Youth Centre has 27. [19]

166. The Zurquí Juvenile Training Centre was inaugurated in December 1999. Its refurbishment cost 120 million colones ($388,399), and it provides a new technical model for social care, where male and female adolescents live together in an institution equipped with all the facilities for their rehabilitation and training.

167. The Centre has 4 wings for males, distributed as follows: wing A has 9 young men, wing B 6, wing C 5, and wing G is unoccupied. Of the total number of occupants, 8 are pre-trial detainees and 12 have been sentenced. There is also a wing for young women. As of 5 January 2000, there were 3 young women in it, of whom one was pre-trial and the two others sentenced for homicide.

168. Each wing has units capable of holding 2 to 8 young people, but because numbers are low they are presently distributed two by two. Each wing has a television, a large dining room, table games and a small garden. In addition, during the day, as well as the formal therapy and training sessions there are continual sporting and cultural events held within the facility, in the gymnasium.

169. The centre, located outside San José and has a kitchen and 4 cooks who between them prepare the four meals: breakfast, lunch, tea and supper. The centre also has a laundry and is about to install a bakery for its own consumption needs.

170. Within the centre there is an educational centre operating at different levels, both primary and secondary.  Lessons are given by 4 teachers, two from the Ministry of Justice and two from the Ministry of Education. The young people also receive short guidance and handicrafts courses.

171. The centre also has a doctor and a dentist, who attend regularly once a week, and a nurse. There is also a gynaecologist available when required.

172. The supervising staff are trained at the Prison Staffs Academy, where they undergo a psychological assessment to determine whether their profile is the right one for supervising minors.  They also receive regular training courses in subjects such as the handling of operational groups. The internal staff only uses a police truncheon, whereas the outside guards uses regulation weapons.

Provisions of the Law on Juvenile Justice

173. As already explained, a new specialized legal instrument has been promulgated for criminal procedures involving minors, so as to provide greater guarantees to a minor in the criminal justice system. In articles 10 to 26, this Law on Juvenile Justice provides a range of basic special guarantees from the beginning of the police investigation and throughout the judicial process, in order to ensure that all procedural safeguards are observed when the case is decided. These guarantees are reflected in the Constitution, in the international instruments duly ratified by Costa Rica and in the laws on the subject.

174. These guarantees are: the right to equality and to non-discrimination, the reduction of preventive detention, the principle of specialized justice, the principle of legality, the presumption of innocence, the right of due process, the right to remain silent, the principle of "non bis in idem", the principle of applying the most favourable law and rule, the right to privacy, the principle of confidentiality, the principle of inviolability of the defence, the right of defence, the adversarial principle, the principle of nationality and proportionality, and the principle of finality of sanctions.

175. In accordance with articles 58 and 59 of the Law on Juvenile Justice, the maximum term of preventive detention for minors is four months, which makes it necessary for cases to be heard quickly.

176. Where offences have been committed by minors, the case is heard in the first instance by the juvenile criminal courts, the Higher Criminal Court of Cassation being the appeal jurisdiction, and the Court of Execution of Juvenile Criminal Penalties is the competent court during the enforcement stage.

177. When the involvement of a minor in an offence has been ascertained, the law prescribes three kinds of sanctions: 1) social and educational; 2) guidance and supervisory; and 3) custodial. The socio-educational measures include warnings, probation, community service orders and reparation of the harm done to the victim.

178. Guidance and supervisory measures involve taking up or changing a certain place of residence, ceasing to have contact with certain individuals, prohibiting visits to bars, discotheques or specific places of entertainment, registering with a centre of formal education or other whose object is to teach an occupation or trade, getting a job, refraining from alcohol, hallucinogenic, enervating, narcotic or toxic substances which lead to addiction or are habit-forming, and ordering the detention of the minor in a health or detoxification centre.

179. These two types of measures are based chiefly on article 18 of the Beijing Rules, which defines the majority of the disposition measures. It stipulates that "A large variety of disposition measures shall be made available to the competent authority” in order to prevent, as far as possible, confinement in penal establishments. This system also seeks to reduce to the minimum the intervention of the prison system in the form of ambulatory sanctions, which in turn ensures that a minor will not be removed from the supervision of his or her parents.

180. As regards deprivation of freedom, article 121 (d) of the Law on Juvenile Justice states that this may take three forms: domiciliary confinement, confinement during free time and confinement in specialist centres. This article complies with article 19 of the Beijing Rules, which states that "the placement of a juvenile in an institution shall always be a disposition of last resort and for the minimum necessary period.”  The maximum period of detention is 15 years for those over 15 and under 18, and 10 years for those over 12 and under 15.

181. In its legislation Costa Rica has adhered closely to international recommendations and has reflected these in the Law on Juvenile Justice, encouraging social intervention to enable a young person or adolescent to maintain his or her personal development and be reintegrated into the family and society, which in turn implies at least partial re-education and re-socialization.

182. The institutional follow-up in the treatment of offending adolescents and young people by the Directorate of Social Adaptation is found in the two areas which have been developed, the sub-level of institutional care and the Programme of Alternative Sanctions for Young People, consisting of care and supervision for young people awarded an alternative penalty to detention. The programme of sanctions includes supervised liberty, community service and guidance and supervision orders.

183. According to statistical sources, in percentage terms the legal status of minors under the aegis of the Directorate of Social Adaptation between February 1998 and February 1999 was as follows: 77% under an alternative sanction, 15% convicted, 7% pre-trial and 1% in receipt of maintenance. The annexes include monthly records for the period stated.

184. The Law on Juvenile Justice has been in force for four years, but is still encountering social obstacles and budgetary limitations. The shortage of personnel and transport - few of the authorities have access to a car to visit young people and supervise the implementation of the alternative methods - makes it difficult to apply the sanctions effectively.

185. These limitations are found in daily practice; for example, when a young person is ordered to perform community service, few institutions will agree to this. If the penalty is to get a job, it comes up against the prejudices of employers who are disinclined to work with young people who have had problems with the Law. Other legal provisions may require the young person to learn a trade or profession, but in most cases they do not have the clothes, tools or travel tickets to attend courses or training. In order to resolve this situation, the prison authorities are working with the Ministry of Education and the National Apprenticeship Institution to find solutions.

186. In order to deal with young people with a drug problem, where the court's order is for rehabilitation along these lines, the country is hoping to inaugurate a special centre by mid-2000 to treat young drug addicts. This project already has a budget of 18 million colones ($58,252) and will be located in the former premises of the Rehabilitation Centre of the Institute of Alcoholism and Drug Dependency (IAFA).

187. In spite of these limitations, "the programme of alternative sanctions has achieved significant results.  The majority of the 244 juveniles subject to socio-educational sanctions have received continuous support for their rehabilitation, although 10% have not been looked after for lack of resources or because they had no fixed abode". [20]

188. Since September 1999 a pilot project has been in operation involving 72 young people sentenced for having committed an offence; they are taking part in a volunteer programme with the fire brigades, as a means of palliating the harm they have done to society.

189. The project is taking place in 26 places in the country, in the provinces of San José, Alajuela, Cartago and Guanacaste, over a period of three months, and is supported jointly by the Ministry of Justice and the National Insurance Institute. The programme seeks to involve young people in the work of a fire station, as an alternative to confinement in a juvenile centre.

190. The organizers of the project say that it "seeks to encourage comradeship and the formation of values and thus wean the young person away from street life". The young people will receive training in first aid and the handling of emergencies and equipment, while forming part of the personnel of the station. [21]

191. Institutional support is provided throughout the country, and for this purpose there are networks of community support, as well as specific projects which are formulated jointly with other governmental and non-governmental institutions. The reintegration of a young offender into society is a delicate process, and the prison system has therefore set up an institutional and communal network in various parts of the country to help young people to perform services for the locality when the courts have made an order to that effect.

192. The application and operation of the Law on Juvenile Justice has presented a number of problems. In principle, although the Law lays down the principle of a special justice system, there is only one juvenile criminal court, sitting in San José; in the rest of the country, cases involving minors are heard by the Mixed Family Courts, the civil courts, and the combined Juvenile and Labour Courts.

193. As regards the criminal courts review jurisdiction, when the Law on Juvenile Justice first came into force this function was carried out by the juvenile criminal courts sitting as an appeal bench, which meant that the same court which had imposed the penalty had to review or amend it.

194. From 1998, this function has been taken over by the courts for the execution of penalties (juzgados de la ejecución de la pena). The difficulties which have arisen are that there are no uniform criteria applicable in the various courts when penalties have to be awarded, which indicates non-compliance with the principles of rationality and proportionality.  There are examples of such situations in penalties ordered for sexual offences, in which a socio-educational sanction has been awarded or a community service order made, or in cases of contraventions being punished by probation for up to two years.

195. There are also problems with the recording of information; omissions have occurred in the despatch by the judicial authorities to the National Institute of Criminology of certification of the awards made and of writs of liquidation of the penalty.

196. In the case of the Programme of Alternative Sanctions, when the courts order a penalty other than imprisonment, on many occasions they fail to record on the file a clear and precise instruction as to where the minor is to be located, or the date on which the award is to be confirmed, or fail to send the notice of the award, etc. These administrative shortcomings tend to hamper the Programme, and the offence often goes unpunished because a penalty has already been prescribed when the case is forwarded to the Programme of Alternative Sanctions.

197. It should be put on record that in its 1999 report, the Office of the Ombudsman stated that in spite of the efforts of the authorities, "Costa Rica still does not have a culture supportive of non-custodial sentences", and went on to recommend the "building of a collective sense of support for the young offender, because as Gaetano de Leo would say, deviancy is not a problem for the school system or for the so-called psycho-pedagogical teams, because the former is a regulatory institution which rejects the deviant, and the latter have shown themselves to be totally sterile or worse, manipulative. Solving the problem of deviancy cannot be delegated to anyone; it can only find its place within the basic community services, without ambiguous exportation". [22]

The systems of psychiatric care in Costa Rica

198. The Government of Costa Rica wishes to inform the international community about the system of psychiatric care in the country, a field usually omitted from national reports.

199. In Costa Rica, social security provides universal coverage, both to contributors and to non-contributors, through the Costa Rican Social Security Fund (CCSS). The system of psychiatric care, which has traditionally been perceived as a system of institutions but has been given a new profile in recent years, is concentrated in the two psychiatric hospitals, the Manuel Antonio Chapui National Psychiatric Hospital and the Roberto Chacón Paul National Psychiatric Hospital. In addition, the Calderón Guardia Hospital, a general hospital, has a psychiatric service with 26 beds. In the remainder of the 7 regional hospitals and the 13 on the periphery of the capital, where there is a psychiatrist on the staff, psychiatric patients are kept although there are no special psychiatric beds. Care in this field accounts for 3.5% of the institution's health budget.

200. The Constitution guarantees all citizens, without distinction, the enjoyment and protection of all civil, political, economic, social and cultural rights. Patients with emotional disorders therefore enjoy all the rights enshrined in the chief human rights instruments ratified by Costa Rica. In its turn the Government, concerned with the specific problems of that part of the population which suffers from disability, has promulgated Law No. 7600 of 2 May 1996, published in the official gazette La Gaceta on 29 May of the same year, entitled "Law on Equality of Opportunity for Persons with Disabilities".

201. It is important to emphasize that as guidelines for guaranteeing the human rights of psychiatric patients, we have the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, which are important instruments for the creation of specific legal rules.

202. Costa Rica took part in the Conference on the Restructuring of Psychiatric Care in Latin America, held in Caracas, Venezuela, on 11-14 November 1990, at which the "Caracas Declaration" was adopted. Since then the country has been undertaking a major transformation of psychiatric care, following the guidelines of the Caracas Declaration, implying a change in the care model, which is now centred on the community and which safeguards the fundamental rights of the mentally ill.

205. Finally, within this legal framework Costa Rica, by means of Law No. 7948, sanctioned by the executive branch on 22 November 1999 and published in the official gazette La Gaceta No. 238 on 8 December 1999, adopted the Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities.

The ILANUD report - O.P.S. - CENARE

206. In June 1997, a number of international organizations such as the Pan-American Health Organization, the Latin American United Nations Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD) and the University of Umea, in Sweden, combined their professional forces to prepare a report on the human rights situation of the mentally ill in the country.

207. The most relevant points in this report are the following:

208. The report mentions that in spite of having a significant set of rules on the human rights of psychiatric patients, these have not been widely disseminated and are little known in the country. It was only with the promulgation of Law 7600 and the adoption of the "Health Insurance Regulation" of the CCSS that psychiatrists working in the public system showed greater interest in the documents relating to the human rights of patients.

209. The document states that "there is no official body in the country specifically to monitor and enforce respect for the human rights of the mentally ill and their families. The Office of the Ombudsman has distinguished itself by its interest in safeguarding and defending these rights; however, its work has been confined to specific actions in the context of particular situations". [23]

210. The right to informed consent, not to be confined in isolation cells, to have one's own space, to be decently dressed, to be treated with due regard for one's dignity, to enjoy privacy, to be protected from sexual, physical or psychological abuse, etc.; these rights are often violated, although unintentionally, as a result of practices and routines which have prevailed in psychiatric institutions since time immemorial. Others, such as the right to read one's own clinical history, to refuse certain diagnostic and therapeutic procedures and to have sexual relations, are questioned on the basis of clinical judgement or practicality.

211. Another problem in the institutions, according to the report, is the lack of special programmes for children and adolescents. In the psychiatric institutions the traditional sex roles are perpetuated, and this makes it difficult for men to play a part in the activities of family life. Many of these shortcomings are the result of a predominant cultural model.

212. One situation which has sparked off legal and medical controversy is the use of electroconvulsive therapy (TEC), which can be a source of risk to physical integrity. To administer this, it is sufficient to have the general consent signed on entry and, even in cases where the family and the patient object, the procedure is used if the psychiatrist considers that there is an imminent danger of suicide. Although TEC is regulated, the study recommends that "it should be periodically reviewed, together with its extent and the monitoring of its use".

213. Another aspect currently being considered by the competent authorities is the complaint about the legality of the practice of sterilization in one of the country's psychiatric hospitals.  This procedure is carried out with the permission of the family or the National Children's Council - in the case of a child - and is approved by a Sterilization