U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS BJS chief editor, Carolyn C. Williams COSTA RICA NCJ 199273 by José María Rico Section I: GENERAL OVERVIEW Located in Central America between Panama and Nicaragua, Costa Rica is a relatively small country in terms of both, surface area (51,100 km squared), and population (some four million inhabitants up to February 2001). Some of its main social indicators (for instance, concerning education and health), place it among the most advanced countries. According to the Human Development Report 2000, of the United Nations Development Programme (UNDP), the real per capita gross domestic product (GDP) for 1998 was $5,987, and the mean annual inflation rate was 12%. 1. Brief History The Costa Rican state and legal systems stem from the Spanish colonial system, especially the Constitution -- a liberal one -- of 1812. In legislative terms, the rules that govern the penal system are the 1949 Constitution, the 1970 Penal Code (whose revision is well underway), the 1996 Penal Procedural Code (which introduced the accusatory system), and the 1996 Penal Juvenile Justice Law (based on the definition of juveniles as subjects entitled to full rights and to de- penalization measures, and on the need for integrated protection of minor offenders). The model of policing that prevailed in the European continent, characterized by its essentially repressive nature intended to maintain law and order, was the first one that the Spaniards introduced. Although the abolition of the army in 1949 formally eliminated the military features that for decades characterized the police forces in the other Latin American countries, it did not eradicate a certain confusion between the functions of a civil police force and those that the armed forces normally perform. The 1994 General Police Law (Ley General de Policía) constitutes an important instrument for the modernization and professionalization of this sector. Concerning the judicial realm, the 1887 Courts Organic Law (Ley Orgánica de Tribunales) established the basis for the current structure of the Judicial Branch (the Supreme Court, the Appellate Courts, and the Lower Courts). This law was strengthened in the 1949 Constitution through the creation of an administrative matters jurisdiction, the increase in the number of Supreme Court justices, the requirement of a two- thirds vote of National Assembly congresspersons for the dismissal of the Supreme Court justices, and the establishment of a fixed budget for the Judicial Branch (6% of the nation's general budget). The Public Defenders Department (Departamento de Defensores Públicos), attached to the Judicial Branch, was created in 1970 to ensure the application of the principle of equality before justice, and in 1973 the Prosecutorial Agency (Ministerio Público) and the Judicial Investigations Agency (Organismo de Investigación Judicial, OIJ) became attached to the Judicial Branch. The current rules that govern this sector are represented by the 1993 Organic Law of the Judicial Branch (Ley Orgánica del Poder Judicial), that regulates all matters relative to the Superior Judicial Branch Council (Consejo Superior del Poder Judicial), responsible for the management and discipline of this branch, and law practice. Although the Costa Rican judicial system is regarded as one of the best in Latin America, critics allege it is highly vertical and that there is a concentration of power in the Supreme Court. Lastly, the correctional system, regarded up to the 1950s as a mechanism devoted to the isolation and punishment of offenders, has considered the United Nations Minimum Rules; this process reached its height with the creation, in 1971, of the National Social Adjustment General Directorate (Dirección General de Adaptación Social), the organization that governs the current system under the responsibility of the Ministry of Justice, and which emphasizes the treatment of individuals sentenced to prison. An important modernization of the judicial system in its entirety has been in progress for the past 5 years, with the financial co-operation of several international agencies (U.S. Agency for International Development (USAID), the Inter- American Development Bank, and the United Nations Development Programme). 2. Legal System As in the rest of the Latin American countries, the Costa Rican legal system belongs to the Roman- Germanic (or continental-European) family. It is a system characterized by the importance it affords codification, legal definitions -- generally expressed in terms of abstract and general precepts -- the deductive method, and dogmatic- theoretical legal constructs. However, the Anglo- Saxon common law system -- especially its United States variant -- has greatly influenced aspects as important as the judicial constitution and organization model, the control of the constitutionality of the law by the Supreme Court, the habeas corpus civil rights protection remedy and, above all, the introduction of the accusatory system into the legal procedure. 3. Political System Since its independence from Spain in 1821, Costa Rica, which is comprised of seven provinces, remains the Latin American country with the most solid democratic tradition. Its latest constitution was drawn up in 1949, and both, the congresspersons of the unicameral Legislative Assembly, and the President of the Republic, are elected by popular vote every 4 years. Section II: CRIME 1. Classification of Crimes A. General legal classification of crime In accordance with the seriousness of their consequences, the Penal Code recognizes two broad categories of punishable acts: felonies and misdemeanors. Felonies are classified according to the legal asset affected: life, property, sexual freedom, honor, the family, the administration of justice, human rights, etc. Misdemeanors correspond to similar categories but at a lower level of seriousness. B. Age of criminal responsibility The provisions and punishments provided for in the Penal Code are applied to persons over 18, while those 12 to 18 years old are subject to the Juvenile Penal Justice Law. A distinction concerning procedure, punishment, and application of punishment is made between two juvenile age groups: ages 12 to 15 and 15 to 18 years. Those under 12 must be referred by the penal courts to the National Children's Protection Board (Patronato Nacional de la Infancia), for the necessary care and follow up. C. Drug offenses According to the international legislation on drug offenses, which Costa Rica has approved, all drug- related matters are governed by the 1991 Law on Narcotics, Psychotropic Substances, Non-authorized Drugs and Related Activities. This law provides for stiff prison terms for violators and their accomplices: 8 to 20 years for international traffic, distribution, trade, supply, manufacture, cultivation, production, transportation, storage and sale without being legally authorized; 6 to 12 years in the case of public officials related, by virtue of their position, to the prosecution, investigation and custody of individuals related to the offenses defined by the Law, who may seek impunity or evasion concerning such individuals, or who may alter, conceal, or take evidence or cause such evidence to disappear; from 4 to 8 years for those who foster or promote unauthorized consumption of drugs and for those who, being legally authorized, unnecessarily prescribe a larger dose than would be required; and from 1 to 3 years for those who make facilities available for drug consumption. Unauthorized consumption of drugs in public places or in places accessible to the public is punished only with a fine equivalent to the salary of 60 to 180 days. 2. Crime Statistics A-B-D. Crime data The total number of crimes is given for the main offenses reported to the Prosecutorial Agency in 1990, 1995, and 1999, as well as the respective rates per 100,000 inhabitants (table 1). It does not include data on attempts to commit the offenses indicated. These data show, among other things: a) a constant increase in the rates for all officially recorded crimes between 1990 and 1999 (84%); b) a particularly important upward trend in the case of robbery (562%), fraud (131%), rape (100%) and theft (93%); c) a reduction in injuries between 1995 and 1999 (7%); d) the fact that in 1999 crimes against property represented 56% of all offenses, while offenses against life represented 16%; and e) that drug-related offenses reported to the police or to the Prosecutorial Agency, or known to them are not high (3% of the entirety), although this percentage does not match reality (it is estimated that the actual number is very high in this sector). Concerning petty offenses and misdemeanors, 55,815 cases were recorded in 1999, especially in the province of San José (53%), that were filed for causes related to threats, petty theft, battery, and violations of the Health Law. C. Definitions Official statistics are available in Costa Rica for the police, judicial, and correctional levels. However, the data compiled by the Prosecutorial Agency, and which the judicial police (OIJ) started providing after the new Penal Procedural Code was in force, is closest to the real (crime) measures. Some offenses are reported to any judicial office in the country, while others are detected directly by the police, especially in cases where perpetrators are caught in the act, in which case they are recorded in their respective departments. Misdemeanors are generally filed in courts devoted to petty offenses. The statistics of the Prosecutorial Agency present data relative to all the offenses defined in the Penal Code and in several special laws (totaling more than 200 categories, many of which are of little quantitative and qualitative importance). Also, some of the occurrences recorded are not offenses but actions that police personnel and prosecutors must carry out in the performance of their duties (for instance, investigate disappearances, deaths, and accidental injuries). In general the level of reliability of the instrument mentioned is quite high. A uniform reporting and compiling method is used for the entire country, and all OIJ and Prosecutorial Agency offices regularly transmit their data to the Statistics Section of the Planning Department of the Judicial Branch, the entity in charge of receiving, compiling, classifying and processing the data submitted. E. Bibliographical references Anuario de Estadísticas del Organismo de Investigación Judicial, Poder Judicial, Departamento de Planificación, Sección de Estadísticas (Statistical Yearbook of the Judicial Investigations Agency, Judicial Branch, Planning Department, Statistics Section). Anuario de Estadísticas Judiciales, Poder Judicial, Departamento de Planificación, Sección de Estadísticas (Judicial Statistics Yearbook, Judicial Branch, Planning Department, Statistics Section). Chinchilla, Laura (1992), "La seguridad ciudadana: el caso costarricense" ("Citizen Security: the Costa Rican case"). Revista de Ciencias Jurídicas (73): 9-39. Carranza, Elías (1994). Criminalidad ¿Prevención o promoción?. San José: EUED. Carranza, Elías (1997). "Situación del delito y de la seguridad de los habitantes en los países de América Latina" ("The status of crime and citizen security in the Latin American countries") in Carranza, Elías (co-ordinator), Delito y seguridad de los habitantes. México: Siglo XXI Editores. F. Crime regions In 1999 the province of San José accounted for 39% of all violations known or reported, followed by Alajuela (14%), Limón (10%), Cartago (9%), and Puntarenas (9%). Section III: CRIME VICTIMS 1. Crime Victim Survey Findings According to the findings of a public opinion poll taken in February 1999, 27% of those interviewed indicated that a member of the household had been the victim of an offense within the preceding 12 months. The most frequent offenses that caused victimization in the household were theft or assault in a public place (51%), theft or assault in the house (25%), and theft and assault in a public place with aggression (10%). Other offenses had lower rates: fraud (3%), and cases of physical aggression (2%) -- vehicle theft with aggression and rape or attempts thereof. Those interviewed among the upper middle and upper strata reported greater victimization than those among the middle and lower strata. The data also show a high percentage of persons who did not report the occurrence to the competent authorities: theft or assault in a public place (79%), theft or assault in a public place with aggression (67%), vehicle theft (61%), and theft or assault in the house (53%). 2. Victim Assistance. Number and Types of Agencies The Prosecutorial Agency has a Victims' Civil Defense Office managed by an attorney who, in addition to handling civil actions for damages, sees to the observance of the rights of the victims of mandatory prosecution offenses. The main official agencies that assist certain victims are the National Children's Protection Agency and the National Women's Institute (Instituto Nacional de las Mujeres - INAMU) that handles cases of violence within the household. 3. Victim's Role According to the 1996 Penal Procedural Code, the victim has, among others, the right to: * bring action for an optional prosecution offense (against honor, and unfair publicity); * initiate a penal action or join the cause already initiated by the Prosecutorial Agency in cases of mandatory prosecution offenses; * participate in the penal prosecution; * be informed about the final decisions; * appeal dismissals and acquittals; * control the decisions of the Prosecutorial Agency; * become a civil party to bring action for damages; * participate in the granting of precautionary measures to the accused. 4. Victims' Rights Legislation In addition to the cited provisions of the Penal Procedural Code, there is a Law Against Domestic Violence (Ley contra la Violencia Doméstica) that was passed in 1996. Section IV: CRIMINAL PROCEDURE AND RELATED MATTERS The Penal Procedural Code provides for two procedures, the regular and the special. Special procedures consist of the following: the abbreviated procedure (the person accused admits the charges and accepts the application of this procedure); the procedure applicable to matters involving complex processing of the evidence (because of multiplicity of occurrences, a large number of accused individuals or victims, or cases related to the investigation of any form of organized crime); the procedure applicable to offenses subject to prosecution at the discretion of the victim (slander, denigration, defamation, and unfair publicity); the procedure for the application of security measures (admission into a psychiatric hospital, or into a special educational institution and submission to psychiatric treatment); the procedure to prosecute the members of the supreme branches of the State; the procedure to prosecute for misdemeanors; and the procedure for the revision of the conviction. The Costa Rican penal procedure does not provide for judgment by a jury. In the case of regular trials (to which the following comments shall refer exclusively), the main phases are: the preparatory procedure (essentially to determine whether or not there are grounds for prosecution), the intermediate procedure (to decide whether to acquit or to prosecute), and the public and oral trial. 1. Investigation, Search, Seizure, Detention A-B. Sequences in the criminal justice process The penal procedure starts with the report (either oral or written) that is filed with the Prosecutorial Agency, a court with penal competence, or the Judicial Police, by any person having knowledge of the commission of a mandatory prosecution offense. Once the report is filed, the agents of the Judicial Police must inform the Prosecutorial Agency about the occurrence and proceed, under the supervision and control of the prosecutor in charge of the investigation, to take the preliminary steps to gather or secure the elements that may lead to a conviction, and prevent those under suspicion from escaping or hiding. The Prosecutorial Agency is empowered to undertake the preparatory investigation tasks that do not require judicial authorization (for instance, those that may help to secure essential pieces of evidence and to identify the perpetrators and other participants), and to order the application of precautionary measures (especially preventive imprisonment of the accused). It must also authorize the presence of the parties in any actions it carries out. Control of the actions performed during this phase by the Judicial Police and the Prosecutorial Agency corresponds to the Preparatory Procedure Penal Court (Tribunal Penal del Procedimiento Preparatorio). This procedural stage ends with a request by the Prosecutorial Agency to the Intermediate Procedure Penal Court (Tribunal Penal del Procedimiento Intermedio) for the court to accept or to reject some of the following measures: dismissal of the case, acquittal, suspension of the probation process, application of the opportunity criteria, conciliation, and opening of prosecution. The Penal Procedural Code also establishes that the police authorities may arrest any individual even without a court order, when such individual is caught during the commission of an offense, or when pursued immediately after attempting to commit it or after having committed it, when the person has escaped from a correctional institution or any other detention facility, or when there are proven indications of her or his participation in the commission of an offense. The police authority that arrests a person must expeditiously subject her or him to the authority of the Prosecutorial Agency, which may request the judge to order the preventive imprisonment of the accused if deemed necessary. With the exception of being caught in the act, only the Prosecutorial Agency can order the detention of an individual, which cannot exceed 24 hours. If the Prosecutorial Agency feels the person must be kept under custody for a longer period of time, it will refer her or him to the Preparatory Procedure Penal Court with the request to order preventive imprisonment or any other alternative measure; otherwise, it must order the release of the person. The inspection of the place where the offense was committed is made by order of the Prosecutorial Agency; the order for a physical search of the accused or the search of her or his vehicle is made by the judge or prosecutor in charge of the investigation. Although entering into and searching a home must be ordered by a judge, under certain circumstances (fire, flood, or any other similar occurrence; distress signal (S.O.S.); pursuit of a suspect for commission of a serious offense who may enter any premises, etc.), this may be done without a court order by the Prosecutorial Agency or the police. Once the accused is under arrest, the prosecuting agent in charge of the investigation receives her or his statement immediately, or no later than 24 hours from the time of the arrest. Before taking the statement, the agent must advise the accused that she or he may abstain from making a statement and that her or his silence will not harm or affect her or him, and that if she or he chooses to depose, her or his statement may be taken into consideration against her or him. The agent shall also advise the accused of her or his right to assistance from a defense attorney (whether private or provided by the State). The police may not take a statement from the accused. In the same sense, the General Police Law establishes that agents are obliged to explain the reason for the arrest and to inform the accused about her or his right to assistance by a defender and to abstain from deposing against her or himself. According to the General Police Law, members of the police bodies may use force only when strictly necessary and to the extent required to comply with their duties. The violation of this precept, as well as any abuse of authority or mistreatment shall be regarded, even in the event that it is not an offense, as a serious fault that may warrant suspension without pay from 1 to 30 days, or dismissal for cause. Members of the regular police force are regarded as officers of the Judicial Police when performing duties provided for in the Penal Procedural Code. In that case they are under the authority of the judges and prosecutors. C-D. Evidence and certain investigative techniques Evidence is of value only if obtained through legal means and incorporated into the prosecution per the provisions of the Penal Procedural Code. Unless it benefits the accused, information obtained through torture, mistreatment, duress, threats, trickery, undue intrusion into the privacy of the home, correspondence, communications, private papers and files, or through any other means that will discredit the will or violate the basic rights of individuals may not be used. The Costa Rican penal procedural legislation permits certain methods for obtaining evidence, such as phone tapping, taking and examining correspondence or any private documents, or testimony from informers) only if the pertinent judge authorizes it by means of a written and duly justified order. E. Police crime laboratories The OIJ has laboratories for the analysis of the evidence gathered, and specialized personnel for this purpose (see Section IV, 11). 2. Pretrial Release/Preventive Detention A-B. Pretrial release and bail/Criteria In order to avoid the preventive detention of the accused, the competent court, automatically or at the request of the party having an interest, may, order the application of other precautionary measures: * home arrest; * the obligation to submit one's self to supervision or surveillance by a given person or institution; * the obligation to appear regularly before the court or the authority designated by the court; * the impossibility of leaving the country or the locality of residence without permission; * the prohibition to attend certain meetings or to visit certain places and to live together or communicate with certain given individuals; * the obligation to abandon immediately the home in case of aggression against women and children; * and the payment of adequate bail or precautionary amount. Payment of bail or precautionary amount may be personal or real. In order to determine the quality and quantity of this measure, factors are evaluated, such as the nature of the offense, the financial status, the personality and background of the accused, and the guarantor. The real precautionary measure shall consist of a deposit in cash, tradable assets, or the delivery of collateral or mortgages. C. Preventive detention Preventive detention of the accused may be ordered only by a judicial decision that is implemented to cause the least possible harm to those affected. Its duration must be proportionate to the term that could be applied in that case. The court may order preventive detention when: * there are sufficient conviction elements to maintain reasonably that the accused is the perpetrator of, or a participant in a punishable act; * there are grounds to suspect reasonably the possibility of flight; * there may be obstruction in the search for the truth or a continuation of the criminal activities; * and when the offense for which the accused is charged is subject to imprisonment. In order to limit the possible arbitrariness of the judge, the Penal Procedural Code specifies what is understood as the risk of an escape and obstruction in the search for the truth. The court may also order the accused held incommunicado for up to 10 consecutive days, on the basis of a justified decision, if it deems that she or he could strike a deal with accomplices or otherwise obstruct the investigation. Preventive detention lasts for 12 months and may be extended for an additional 12 months, and an extra term of 6 months when a conviction is handed down. Judicial decisions that result in preventive detention of the accused may be revised, replaced, changed, or revoked. D. Statistics In Costa Rica, 19% of the correctional population awaited trial in 1999. This is the lowest percentage for all of Latin America, and it compares favorably to that of the most advanced countries. The time spent under detention is discounted from the term of the sentence imposed, if this is an applicable punishment. 3. Legal Rights of Suspects/Accused Pursuant to both the Constitution and the Penal Procedural Code, the accused is entitled to the following rights: * to be assisted by a defense attorney; * not to be forced to incriminate her or himself or a close relative; * not to be detained without a proven indication that she or he would have committed an offense and without a written order issued by a judge or an authority responsible for law and order; * benefit from a final judicial decision within a reasonable period of time; * be regarded innocent during all stages of the prosecution until declared guilty through a final decision; * not to be sentenced or subject to a security measure except through a prosecution consistent with the Penal Procedural Code and in strict observance of the guarantees and rights established for the individual; * and not to be tried more than once for the same violation. The right to a full defense is recognized from the start of the penal prosecution to the conclusion of the application of the punishment. To this effect, the accused can choose a defender that she or he trusts; in its absence, a public defender shall be assigned to the case. 4. Investigation and Case Preparation As previously indicated (IV, 1, A-B), Judicial Police agents must, under the supervision and control of the prosecutor in charge of the investigation, carry out the preliminary operations to gather or secure evidence and to prevent the escape or concealment of suspects. For its part, the Prosecutorial Agency can perform the duties relative to the preparatory investigation that do not require judicial authorization. The control of all operations conducted during this phase by constables and prosecutors corresponds to the Preparatory Procedure Penal Court. In general, the penal action corresponds to the Prosecutorial Agency, although in certain cases the complainant may bring action. In the preceding legislation the investigation was the responsibility of an investigative judge, who has been replaced in the current code by a "judge of guarantees." 5. Pretrial Diversion A. Administration The 1996 Penal Procedural Code introduced several alternative measures intended to decongest the courts and accelerate trials. Among them are the principle of opportunity (applicable in the case of: insignificant occurrences; collaboration provided in matters of violent or serious organized crime; or cases involving complex proceedings, etc.), discontinuance of the case by the complainant, reconciliation between the violator and the victim, and conditional suspension of the punishment. All of these measures must be requested by the Prosecutorial Agency to the Intermediate Procedure Penal Court. B. Statistics Due to the novelty of the measures in the 1996 Penal Procedural Code that did not exist in the preceding legislation, the statistical data show limited recourse in use of pretrial diversion options. Thus, of the 102,441 cases concluded in the penal prosecutor's departments in 1999, the prosecutors requested the competent court to apply conciliation only in 3,650 cases (4%), and the opportunity criteria in 1,631 cases (2%). Most of the requests formulated by the Prosecutorial Agency refer to case dismissal(26%), which the courts accepted in 46% of the cases. 6. Case Dismissals Once the preparatory procedure is completed, the request formulated by the Prosecutorial Agency is examined during the intermediate procedure, to establish whether the case will be dismissed (provisionally or finally), or entered into an oral and public trial. This decision is made by the Intermediate Procedure Penal Court after a hearing that is attended by the prosecutor and the defense attorney. Of the 102,441 cases heard by the penal prosecutor's departments in 1999, there were only 9,956 cases (10%) with a final dismissal requested, and 8,179 cases (8%) with the opening of a trial requested. 7. Convictions Without Trials The plea bargaining practice does not exist in Costa Rica. 8. Trials A. Description The last phase of the penal proceedings is the trial, that must be held in an oral, public, adversarial, and continuous manner within 1 month from the receipt of the results of the preceding stage. It starts with the deposition of the accused, the receipt of evidence, the depositions and interrogation of expert witnesses and witnesses, the presentation of the final allegations by the parties, the deliberation of the judges, and the handing down of the judgment (either an acquittal or a sentence). B. Outcomes at trial In 1999, of the 9,001 cases cleared by the courts (whether comprised of one or several judges), 4,301 (48%) ended with a judgment; 3,294 (37%) with a dismissal; and 207 (2%) with a decision of lack of jurisdiction. Of the 4,301 cases that ended with the handing down of a sentence, 2,332 cases (54%) resulted in a conviction affecting 3,186 persons, and 1,227 cases (29%) resulted in acquittals involving 2,009 persons. Coincident with the 1996 Penal Procedural Code, there was an important reduction in the number of cases that ended with the handing down of a judgment. Thus, while the figures were 10,836 cases for 1995, 11,888 cases for 1996, and 14,283 for 1997, in 1998 these figures fell to 4,797, and to 4,301 in 1999. There are two possible reasons for such reduction. The first is having recourse to alternative measures provided for in the new penal procedural legislation. As indicated already, it is quite limited. The second is an excessive number of traffic cases (50% of the total in 1999), whose processing can be more expeditious. Abbreviated procedures, intended to reduce the number of cases tried in court, were scarcely used within the first 2 years of the introduction of the 1996 Penal Procedural Code. In 1999, the prosecutors used them in 107 cases (0.1% of the total of finished cases), and the courts in 597 cases (1%). 9. Sentencing and Penology A-B. Discretion and sentencing Once the debate is closed, the judges deliberate in a secret session immediately and without interruption, for a period not to exceed 2 days. During the deliberation, they assess the evidence produced in the course of the prosecution, according to the rules of reasoned judgment (sana crítica). The decisions are adopted by a majority vote, and the judicial decision is worded and signed immediately after the deliberation. Next, the court summons the parties verbally, and the judicial decision is read aloud by the secretary to those in attendance. There is no special guide in Costa Rica to determine sentencing. The decision of the judges (one or several) is based on the provisions of the Penal Code and the Penal Procedural Code. The submission of a pre-judgment report by psychiatrists, psychologists or social workers is not explicitly provided for, except within the framework of tests by experts. C. Probation The closest that there is to probation is the suspension of the procedure based on the testing of the conduct of the accused, that must be requested by the accused before the opening of the trial, in cases where the conditional application of punishment through suspension applies. The granting of this benefit is subject to the requirement that the accused admit the charges. The request must contain a plan for the reparation of the damage caused by the commission of the offense, and a list of terms and conditions with which the accused will comply. The plan may consist of conciliation with the victim and reparation (either real or symbolic) of the damage caused. Among the terms and conditions to be complied with during a term of not less than 2 years and not more than 5, are: to live at a given location, not to visit certain places or associate with certain persons, to abstain from using drugs or from excessive consumption of alcoholic beverages, to participate in special treatment programs, to submit to medical or psychological treatment, to start or end elementary school, to learn a profession or trade, to take training courses, to provide services to the State or public welfare institutions, to accept being under surveillance, not to own or carry weapons, not to drive, etc. In 1999, this measure was requested by the prosecuting agents only in 459 cases (0.4% of the total of cases concluded). D. Penalties The Penal Code establishes the following penalties: imprisonment (not to exceed 50 years), fine (established on the basis of units consisting of a day's salary), expulsion of a foreigner from the country for a term of 6 months to 10 years, and qualification (for instance to perform in public positions or to practice a profession, and to hold parental rights or the custody of children). In handing down a sentence, the judge has the power to apply conditional application of punishment when the applicable penalty does not exceed 3 years imprisonment of estrangement. In order to impose a penalty, the judge must take into consideration the seriousness of the offense and the personality of the perpetrator (as determined by the Criminology Institute). Most offenses are punishable with imprisonment. For instance, simple homicide (12 to 18 years), qualified homicide (20 to 35 years), serious injuries (1 to 6 years), rape (10 to 16 years), kidnaping (4 to 12 years), theft (1 month to 3 years), robbery with the use of force against objects (6 months to 6 years), robbery with violence against persons (3 to 9 years), fraud (2 months to 10 years), damages (15 days to 1 year, or a fine of 10 to 100 day salaries), arson (5 to 10 years), abuse of authority (3 months to 2 years), unlawful enrichment (6 months to 2 years), embezzlement (3 to 12 years), and genocide (10 to 25 years). The penalty of day salaries, which is calculated on the basis of the financial condition of the accused, is provided for in the case of defamation (10 to 50 days), slander (50 to 150 days), libel (20 to 60 days), misappropriation (30 to 90 days), racial discrimination (20 to 60 days), and misdemeanors. Disqualification and a penalty of imprisonment from 2 to 6 years shall be applied in the case of fraudulent bankruptcy. In 1999, 3,186 persons were sentenced by the courts (comprised of one or more judges) as follows: 168 (5%) to the payment of fines consisting of a number of day salaries, 1,916 (60%) to prison, 12 (0.4%) to a security measure, and 1,090 (34%) to the conditional application of the penalty. E. Death penalty There is no death penalty in Costa Rica. This punishment was abolished in 1877. 10. Appeals In order to challenge the decisions of the judicial bodies, the Penal Procedural Code provides for the remedies of revocation, appeal, and cassation. The revocation remedy applies to decisions concerning a procedural step, in order that the same court that made the decision re- examines the matter. The appeal applies only to decisions of the preparatory and intermediate courts, provided they are deemed subject to appeal, cause irreparable damage, end the penal action, or hamper the continuation of penal action. The remedy of cassation before the Supreme Court or the Penal Cassation Court applies when the decision ignored or erroneously applied a legal precept; such court shall intervene especially against the judgment and the dismissal handed down by the trial court. In 1999, the penal courts heard 4,862 appeals from the penal courts, the Prosecutorial Agency, the penal application system, and other offices. Of the 4,722 decisions adopted, 2,736 (58%) confirmed the appeal, 719 (15%) revoked it, 97 (2%) changed it, and 160 (3%) annulled it. That same year, the 2002 cases filed with or pending at the Penal Section of the Supreme Court resulted in 1,588 decisions (63% overruling, 25% sustaining). At the Penal Cassation Court, of the 688 cases filed or pending, 41% were dismissed or rejected. 11. Parole According to the Penal Code, all those sentenced to prison can request the competent judge to grant conditional release upon completion of half their imposed term. In this case, the judge requests the Criminology Institute, an entity attached to the correctional system, to make a criminological diagnosis and prognosis of the inmate, as well as a report indicating whether the applicant has complied with the basic treatment ordered. The Criminology Institute may also at any time request the conditional release if the judge would have denied the benefit when applied for by the inmate. Conditional release may be granted if the applicant has not been previously convicted for a common offense punishable with imprisonment of more than 6 months, and the Criminology Institute informs about the good conduct, services performed, occupation and skills acquired by the inmate, and submits a study of her or his personality and social milieu, as well as an opinion in favor of the desirability of this measure. In granting parole, the judge may impose conditions upon the inmate as she or he deems appropriate, in accordance with the report submitted by the Criminology Institute. By extrapolating the monthly data it is noted that 240 conditional releases were granted during the year 2000. 12. General Case Flow and Other Data In 1999 the flow of cases filed with the judicial system showed 8% of concluded cases of the Prosecutorial Agency went to trial (figure 1). Data was also available on the main decisions adopted with respect to the preparatory and intermediate phase courts, and trial courts. With the data from the three jurisdictional levels it is possible to draw the following comments: a) Requests and actions for the opening of a trial were of little numerical importance in terms of decisions adopted by the Prosecutorial Agency and the preparatory and intermediate procedure courts (between 8% and 6%); b) The trial courts handed down judgment in almost one-half the number of cases filed. Guilty sentences were handed down in more than half the number of cases so resolved. c) The most frequently imposed penalty was imprisonment, followed by conditional application of punishment. The average time period between the submission of a report and the handing down of a first-instance judgment at the penal courts in 1999 was 19 months and 1 week. Section V: POLICE The enactment in 1994 of the General Police Law (Ley General de Policía) constituted a notable step forward for Costa Rica, in a sector traditionally regarded as a "political booty," and whose professionalization was permanently impaired by the total turnover of police personnel in its entirety by every new administration. This law, for the first time, equipped the country with a legal framework that enables it to guarantee aspects of police function as important as the determination of the basic principles of police intervention, stability on the job, and professionalism. However, as a consequence of the abolition of the army in 1949, a certain confusion between police and military functions has continued. Pursuant to the General Police Law, the forces in charge of public security are subordinated to the power of the civil society and at the service of the community. In accordance with the provisions of international legislation (essentially the Code of Conduct for Law Enforcement Officials, approved in 1979 by the General Assembly of the United Nations; the Declaration on the Police, adopted that same year by the Council of Europe; the International Covenant of Civil and Political Rights; and the American Convention of Human Rights), the basic principles of police intervention, as well as the general powers of the country's police forces are also determined by this law. Lastly, one of the main contributions of the law has been the provision of a legal basis for the existence of the National Security Council (Consejo Nacional de Seguridad), established at the beginning of the eighties with the purpose of defining the general policies of the different police bodies of Costa Rica. 1. Administrative Organization The following police forces are in charge of public security: the Intelligence and National Security Directorate (Dirección de Inteligencia y Seguridad Nacional) and the Special Intervention Unit (Unidad Especial de Intervención), attached to the Presidency of the Republic; the Civil Guard (Guardia Civil), the Rural Guard (Guardia Rural), the Border Police (Policía de Fronteras), the Drug Control Police (Policía del Control de Drogas) and the Immigration and Alien Affairs Police (Policía de Inmigración y Extranjería), attached to the Ministry of Public Security; the Correctional Police (Policía Penitenciaria) of the Ministry of Justice; and the Traffic Police (Policía de Tránsito), attached to the Ministry of Public Works and Transportation. In addition, the President of the Republic may, in order to handle emergencies or exceptional situations, organize temporarily and convoke the Police Reserve (Policía de Reserva). The investigation of criminal acts corresponds to the Judicial Investigations Agency (OIJ) and the Ministry of the Treasury (Fiscal Control Police, Policía de Control Fiscal), and some municipal governments have special police departments. For a relatively small country in terms of geographical area and population, Costa Rica has a large number of police forces (11 without counting municipal police bodies), and ministries or institutions involved in police matters (6). One of the main reasons alleged for the adoption of this system is fear of the development of a "police State." 2. Annual Budget The 2001 budget for police services attached to the Ministry of Public Security, numerically the most important in the country, amounted to $90.5 million USD (U.S. dollars), that is, $2,262 million USD per 100,000 inhabitants. The Traffic Police budget, which was much higher despite the fact that it had a smaller payroll, was equivalent to $5.3 million USD (approximately $131,000 USD per 100,000 inhabitants). The budget for the OIJ was $251 million USD. 3. Number of Personnel In May 2001 the staff of the Costa Rican police consisted of 15,239 members distributed as follows: 136 in the Ministry of Information, 11,346 in the Ministry of Public Security, 2,258 in the Ministry of Justice, 702 in the Ministry of Public Works and Transportation, 35 in the Ministry of the Treasury, and 762 in the OIJ. This results in a ratio of 381 police per 100,000 inhabitants. In the same year, female police officers accounted for less than 7% of the total of members in the OIJ, 5% in the Ministry of Public Security, and 3% in the Traffic Police. 4. Qualifications and Entry Requirements and Removal In order to become a member of any of the forces provided for in the General Police Law, applicants must be Costa Ricans, older than 18 without a police record, who have completed the third cycle of Basic General Education. They must be physically and morally able for the performance of their duties, take the tests and examinations required by the law, and pass a test period of 6 months. Candidates who qualify are admitted to the National Police Academy, where they submit themselves to medical, physical, intellectual and psycho-technical tests, as well as attending an interview. Concerning OIJ members, the admission requirements include being of legal age and having a perfect conduct record. They must have finished Diversified Education Studies, and passed the basic course taught at the Judicial School. Required skills include typing, having the ability and physical conditions for the performance of their duties, and having a driver's licence in the case of agents. Requirements for the Director and Deputy Director include being a Costa Rican attorney, and having done studies in this specific field. 5. Initial and In-Service Training The training of police staff as provided for in the General Police Law takes place at the National Police Academy, a civil-oriented and democratic institution that defends human rights. The Academy provides the following mandatory courses or programs: Basic Police Program, Non-commissioned Officer's Program, Officer's Program, and Police Training Program. In addition, it may offer courses or programs in police matters. The basic course lasts 6 months and covers the following areas: humanistic, juridical, and technical police studies. Passing these courses is a prerequisite for graduation and promotion. The police training system includes scholarships in the country or abroad, which usually apply to high-ranking officers. Since 1995, 2,166 students have graduated. The Academy has 49 permanent instructors, as well as guest teachers for short lectures and small workshops. OIJ agents study at the Judicial School, where the programs relative to judicial police matters are jointly prepared by the Judicial Branch and the OIJ. 6. Starting Salary At the beginning of 2001, the basic monthly salary at the time of admission was approximately $273 USD in the independent services of the Ministry of Public Security, a 25% minimum supplement applying to those who benefitted from the police career. Traffic police not allowed to perform duties of any other nature had a monthly salary of approximately $615 USD; OIJ agents had a basic salary of approximately $460 USD and a final salary (for considerations of risk and other incentives) of $590 USD. 7. Accountability In addition to the controls applied by several external organizations such as the Prosecutorial Agency (in cases of offenses committed by members of the police institution), the Ombudsman or the media, the main control mechanism concerning actions by the police is the internal one, set up to handle violations that police staff members might commit in the performance of their duties. The General Police Law establishes the category of violations (serious and minor) and sanctions (warning, suspension without pay from one to 30 days, and dismissal for cause), as well as the procedure to follow against the members of the police bodies with respect to discipline. With respect to police services attached to the Ministry of Public Security, internal control is the responsibility of the Police Inspection Department, where approximately 200 complaints are filed every month, especially for leaving the post, absenteeism due to alcoholism, and abuse of authority. In the OIJ, complaints are investigated by the Office of Internal Affairs, which reported 659 cases in 1997, especially for damages against police assets (vehicles and equipment), default in the performance of duties, absenteeism, and abuse of authority. 8. Legal Authority The legal basis for police intervention in Costa Rica are the pertinent provisions of the Constitution, the international legislation, the Penal Code, the Penal Procedural Code, and the respective organic laws thereof. 9. Relation to the Military Because of the abolition of the army in 1949, the police departments do not have any such relations. However, the abolition has, since its inception, posed the problem of which State institution should undertake the functions traditionally entrusted to the armed forces. In Costa Rica, this situation has led to ambiguity in the functions of the Border Police (which in other countries are the responsibility of the army), the training programs (which must, as already indicated, be of a civilian nature), and weaponry (since the purchase and use of heavy material are frequent). 10. Union In Costa Rica police bodies governed by the General Police Law, which does not contain any provisions on this matter, do not have labor unions. However, the OIJ has an investigators' union with a membership of some 200 agents. 11. Technological Infrastructure A. Identifications systems Citizens may be identified through the National Identity Card, which everyone of legal age must have. In matters that are more specifically related to police work, the OIJ has a computerized system for the identification of suspects (fingerprints, robot photographs, etc.), and forensic laboratories specializing in the different criminal investigation methods (ballistics, etc.). B. Vehicles In 2001, the police services attached to the Ministry of Public Security had 586 four-wheel vehicles, 427 motorcycles, and some 50 bicycles, in addition to communication equipment. That year the Traffic Police had 117 cars, 80 pick-up trucks (40 of them 4-wheel drive and 40 single drive), 16 tow trucks, one platform to transport vehicles, and 113 motorcycles (750 to 1,100 cc), as well as a radar service; all cars had a radio connection to a base station. The OIJ had 336 4-wheel vehicles: 190 for regular patrol duty and the rest for undercover investigations, prisoner transportation and other duties. C. Weapons The regulation weapon for police services governed by the General Police Law is the 9 mm pistol or the .38 caliber revolver. M-16 rifles are also used for the protection of certain facilities, and UZI machine guns are used by some specialized units. The OIJ uses the same types of weapons, the heaviest ones being reserved for the emergency unit (Immediate Intervention Police Service). D. Surveillance The OIJ has teams for the surveillance of persons suspected of having committed an offense, such as electronic hearing devices, video recordings, etc. As indicated before, the other police body that uses such methods, the Intelligence and National Security Directorate, did not provide the information requested. E. Radios In general, all police cars have radios connected to a base station set up at the headquarters of each service. There is no central station that receives and processes all crime-related data. F. Computers The Costa Rican police services normally have computerized equipment, used mainly for administrative purposes, and in the main cities of the country. 12. Special Policies Only the police force that is attached to the Ministry of Public Security has applied, between 1996 and 1998 and on an experimental basis, the community police model in one of San José's counties. After this, programs of this type have consisted of the organization of the communities for preventive purposes. Although in May 2001 the government announced the existence of more than one thousand organized communities, such organization is merely formal; no specific action plans have been established, nor have mechanisms for follow up and evaluation been provided. Section VI: PROSECUTORS The Prosecutorial Agency (Ministerio Público), whose Organic Law was enacted in October 1994 and reformed in December 1997 by the Judicial Reorganization Law, is a body of the Judicial Branch that enjoys total functional independence in the exercise of its legal powers. Its main function is to initiate penal action when an offense has been committed. Pursuant to the Penal Procedural Code, its powers have been enhanced, being in charge, above all, of the preparatory investigation of mandatory prosecution offenses, with the assistance of the Judicial Police, which used to correspond to the former investigative judge (juez de instrucción). 1. Administrative Organization A. Structure Under the authority of the Prosecutor General of the Republic, the Prosecutorial Agency is comprised of the adjunct prosecutor's departments, prosecutor's departments, and auxiliary prosecutor's departments. The adjunct prosecutor's departments, created by the Supreme Court at the request of the Prosecutor General, shall act in a given territory or by specialization. The prosecutor's departments, and auxiliary prosecutor's departments deemed necessary shall be attached to them, depending on the activity or territory where they must comply with their duties. The Prosecutorial Agency has a Victims' Civil defense Office headed by an attorney with the category of associate prosecutor. B. Private prosecutors As already indicated, all persons who feel harmed by an optional prosecution offense (slander, defamation and unfair publicity) may file a complaint. In mandatory prosecution offenses, the victim and her or his legal representative (in the case of minors or disability) may trigger the penal action or join the action already brought by the Prosecutorial Agency. 2. Annual Budget The Prosecutorial Agency budget for the year 2001 was $18.5 million USD, representing $463,000 USD per 100,000 inhabitants. 3. Number of Personnel Of the total of 252 prosecutors (6% per 100,000 inhabitants), 19 are adjunct prosecutors, 46 are prosecutors, and 186 are auxiliary prosecutors. 4. Qualifications and Entry Requirements The Prosecutor General is appointed for a period of 4 years by the vote of the absolute majority of the total number of members of the Supreme Court; she or he may be reelected for equal duration terms. The requirements are the same as those for Supreme Court justices. Applicants must be Costa Rican, over 35 years of age, not a member of a religious order, and attorneys. The Prosecutor General is responsible for the appointment on the basis of a roster of all the prosecutors, who must be Costa Rican, of legal age, of proven moral solvency, qualified for the position, and attorneys. In order to be appointed permanently as an adjunct prosecutor, a minimum of 2 years of actual experience as a prosecutor is required, and in order to be appointed as a prosecutor, an experience of 1 year as an auxiliary prosecutor is required. 5. Initial and In-Service Training The Training and Supervision Unit, headed by a staff member with broad experience and in the category of an adjunct prosecutor, is in charge of organizing the training programs for Prosecutorial Agency personnel, in co-ordination with the Judicial School. 6. Starting Salary At the beginning of 2001, the basic monthly salary of an auxiliary prosecutor was approximately $984 USD. 7. Accountability Prosecutorial Agency staff members are liable for their actions in the penal and the civil domains. For the application of sanctions against the Prosecutor General, the procedure established in the Organic Law of the Judicial Branch shall be applied, but the revocation of the appointment requires the vote of two thirds of the total number of members of the Supreme Court. The other members of the Prosecutorial Agency are subject to the discipline rules established by the Organica Law of the Judicial Branch (see Section VIII, 7). Among others, the Prosecutor General has the power to revoke the appointments of the prosecutors and to hear the appeal against the decision of the Judicial Inspection Court whereby such appointments are revoked. In 1999, the Prosecutorial Inspection Unit gathered information about 232 cases, the most frequent being those relative to negligence, the disappearance of documents, discourteous treatment, abuse of authority, and delays. Of the 128 decisions adopted, 104 were filed away, 64 were dismissed, and 27 warranted the application of a sanction (14 warnings, 10 reprimands, and 3 suspensions), especially against auxiliary prosecutors. In addition to this Unit, the Judicial Inspection Court may admit complaints concerning the conduct of prosecutors and, whenever pertinent, apply the sanctions imposed (see Section VIII, 7). 8. Discretion The powers of the prosecutors have already been analyzed in the section devoted to the penal procedure (Section IV, 1-7). 9. Technology The Prosecutorial Agency is well equipped with computers and a recording system that reports the activities of the agency to the statistics section of the Judicial Branch. Section VII: DEFENSE BAR In Costa Rica, the defense of the accused may be undertaken by a private defense attorney or by a public defender when the accused does not have the sufficient financial resources to pay for a private lawyer's fees. This section refers only to public defense, which is guaranteed by the Public Defenders Department. 1. Administrative Organization The Public Defenders Department depends administratively (not technically or professionally) on the Superior Council of the Judicial Branch. Its head is appointed by the Supreme Court; she or he must be Costa Rican, an attorney, and over 30 years old; she or he must have ample experience in the processing of judicial matters. Public defenders are appointed by the head of the Department; they must be of legal age and attorneys. The public defense shall have also the number of auxiliary personnel required to collaborate with the defenders in the performance of their duties, subject to the requirement of having passed at least the third year of law studies. If no attorneys are available in any given territorial jurisdiction, graduates of the departments or schools of law, or last year students may be appointed as defenders. 2. Annual Budget For 2001 the budget for the Public Defenders Department was approximately $9.4 million USD, equal to $235,800 USD per 100,000 inhabitants. 3. Starting Salary The basic monthly salary of a public defender at the time of her or his admission into the service is similar to that of the prosecutors. 4. Accountability The Superior Council of the Judicial Branch is responsible for exercising disciplinary powers over public defenders. In 1999 only seven complaints were filed against public defenders. Section VIII: JUDICIARY 1. Administrative Organization Pursuant to the Organic Law of the Judicial Branch, the judiciary is comprised of the following main organizations: the Supreme Court (Corte Suprema), the multi-judge courts (Tribunales Colegiados), the first instance and the penal courts (Juzgados de Primera Instancia y Penales), the petty offenses and misdemeanors courts (Juzgados de Menor Cuantía y Contravencionales), and certain auxiliary entities (such as the Prosecutorial Agency, the Public Defense, the Judicial Investigations Agency, the Judicial School, and the administrative services). The Superior Council of the Judicial Branch (Consejo Superior del Poder Judicial) reports to the Supreme Court, and it is responsible for the management and discipline of the Branch. The Supreme Court is the superior court of the Judicial Branch and it also acts as its governing body. It is comprised of 23 senior justices and 50 deputy justices; it is divided into three Cassation Sections, each consisting of 5 justices, and the Constitutional Section, with 7 justices. The First Section hears civil, commercial and administrative conflicts cases; the Second Section, family, inheritance and labor matters; the Third Section penal cases; and the Fourth Section habeas corpus, civil rights protection and unconstitutionality matters. The 21 multi-judge courts in existence in the country are competent to hear appeals to cases in all areas (civil, penal, family, etc.). In penal matters, the trial courts, comprised of at least four judges, act in the first instance in cases of offenses punishable with terms of more than 5 years. The Penal Cassation Court acts in cases of appeal, cassation and revision of the trial court decisions. The 121 first instance and penal courts, generally comprised of one judge, hear in the first instance the same matters as the courts with several judges. In the penal domain, they examine the preparatory and the intermediate procedures, as well as appeals in misdemeanor cases. The 82 petty offenses and misdemeanors courts, which are also comprised of a single judge, take care of cases of little importance and misdemeanors. 2. Annual Budget According to the Constitution, the budget of the Judicial Branch must not be less than 6% of the general budget of the nation. For 2001, this budget, which includes the courts, the Prosecutorial Agency, the Public Defenders Department, and the OIJ, amounted to approximately $140 million USD, that is, some $3.5 million USD per 100,000 inhabitants. 3. Number of Personnel In April 2001 there was a total of 611 justices and judges, distributed as follows: 73 in the Supreme Court, 163 in the multi-judge courts, 283 in the first instance and penal courts, and 92 in the petty offenses and misdemeanors courts. Among them, approximately 10% were females, although it is difficult to determine the exact number due to frequent changes, since most female judges hold temporary appointments. There are in Costa Rica 15.3 judges per 100,000 inhabitants. 4. Qualifications and Entry Requirements The Supreme Court justices are elected by the Legislative Assembly by simple majority of votes and for a period of 8 years that may be extended for an additional similar term; non-re-election requires the negative vote of two-thirds of the total number of congresspersons. The cassation justices and judges of the multi-judge courts are appointed by the Supreme Court. All other judges are appointed by the Superior Council of the Judicial Branch. Candidates must be Costa Rican, older than 35, not members of religious orders, and attorneys. In order to serve as cassation justices candidates must be Costa Rican, older than 35, and attorneys. They must also have practiced the profession for 10 years. In order to be a member of the multi- judge courts, candidates must be Costa Rican, older than 30, and attorneys. Also, they must have practiced the profession for 6 years. The 1993 Judicial Career Law governs all matters relative to appointments, selection, promotion, transfer, dismissal and remuneration of personnel. 5. Initial and In-Service Training The training of all judicial personnel corresponds to the Judicial School, which started to operate in 1964. 6. Starting Salary At the beginning of 2001, the starting basic monthly salary for a judge at the lower level was $935 USD. 7. Accountability Concerning control of the performance of judicial officials, the Organic Law of the Judicial Branch establishes that the matter of discipline corresponds to the Supreme Court (with respect to its members), and to the Superior Council of the Judicial Branch, with assistance from the Judicial Inspection Court in all other cases. In addition, the law itemizes the violations that judicial officials could commit (categorized as very serious, serious, and minor), and determines the procedure to be observed and the sanctions applicable (warning, written reprimand, suspension, and dismissal). In 1999, 1,353 persons were reported to the Judicial Inspection Court, of which 1,208 belonged to the judicial domain: 1,015 judges, 53 prosecutors, 7 public defenders, and 133 officials in other categories. 205 sanctions were imposed, including 72 warnings, 49 reprimands, and 58 suspensions. 8. Technology As in the case of the Judicial Branch as a whole, the courts are well equipped with computers and a recording system that reports on their activities to the statistics section of the Branch. Section IX: PROBATION There is no probation system in Costa Rica. Section X: PRISON, JAILS, HOUSES OF CORRECTION 1. Administrative Organization A. Organization The correctional system of Costa Rica is attached to the General Directorate for Social Adjustment (Dirección General de Adaptación Social), under the Ministry of Justice. The traditional progressive correctional treatment model introduced in 1977, whose different phases (observation and classification, treatment, and parole) were applied in maximum, medium and minimum security centers, was replaced in 1993 by a new Institutional Development Plan. It rejected the ideas that inmates were rehabilitated in prison and promoted that punishment should be essentially retributive, with a view to the reinsertion of convicts into the society. According to this plan, the correctional system became restructured on the basis of four care levels: institutional (closed), semi-institutional (semi-open), in the community, and that reserved to minors. B. Number of institutions There are 16 institutionalized, 11 semi- institutionalized, 14 community centers, and 1 specialized center for minors. Most of the centers that provide care at the semi-institutional level and within the community are located in the institutional care centers or near them. There is only one correctional center for women. C. Juvenile facilities As indicted above, there is only one specialized center for minors convicted according to the Juvenile Penal Justice Law. 2. Annual Budget The correctional system budget for 2001 amounted to some $34 million USD, that is, approximately $850,000 USD per 100,000 inhabitants. 3. Number of Personnel A. Prison staff In May 2001 surveillance personnel consisted of 2,258 guards, which translated into a ratio of 381 prison guards per 100,000 inhabitants, or 1 guard for every 5 inmates in the 4 care levels (4 if convicts placed within the community are excluded). B. Prisoners Up to March 31, 2001, the correctional population consisted of 11,152 inmates (a ratio of 279 per 100,000 inhabitants), of whom 5,856 (53%) were at the institutional level, 966 (9%) at the semi- institutional level, 4,037 (36%) in the community, and 293 (3%) were treated in compliance with the Juvenile Penal Justice Law. Women represented 10% of the total correctional population. Of the total correctional population, 5,701 were convicted inmates (51%), 1,595 were indicted (14%), 3,471 (31%) had suspension of the sanction, and 385 (3%) were individuals subject to an alternative measure or who were detained for default in the payment of child support. A large increase in the number of inmates during the past few years can be noted: 3,698 in 1994 and 5,454 in 1997. By extrapolating the data for October 2000, this year there were approximately 4,000 admissions and some 4,800 releases in the correctional system as a whole; almost in its entirety, such movement (90%) occurred at the institutional level. C. Beds The lodging capacity at the correctional centers is not estimated on the basis of number of beds, but of the number of "places" available. There may be numerous bunks at a given facility; however, there may be several inmates using the same bunk while some must frequently sleep on the floor in the space available between the bunks. This is why correctional overcrowding must not be necessarily estimated on the basis of official data concerning capacity of the facilities. In 1999, the excess in correctional population was 893 "places," that is, 17%. The situation is usually worse at the larger centers. 4. Qualifications and Entry Requirements As has already been pointed out, the Correctional Police, in charge of control and surveillance at the correctional facilities, belong to the police force. Their admission requirements are those provided for in the above-cited General Police Law (Section V.1 and 4). 5. Initial and In-Service Training The personnel responsible for the surveillance and control of all correctional centers of the country belong to the police forces. Admission requirements include, among others, Costa Rican citizenship, over age 18, not having a record, having completed the third cycle of General Basic Education, being physically and morally qualified for the performance of the assigned duties, taking the tests and examinations provided for by the law, and passing satisfactorily a 6-month test period. Training for this personnel category is provided at the Correctional Training Center, which is responsible for updating the expertise at technical and surveillance personnel. 6. Starting Salary Up to March 2001 the surveillance personnel had a basic monthly salary of approximately $222 USD, with an annual supplement of some $96 USD for risk. 7. Accountability Control of compliance with the correctional rules and with the constitutional and legal objectives of the sanction and the security measures corresponds to the sentence application courts, under the Judicial Branch. The Office of the Comptroller for Services of the Ministry of Justice is responsible, as regards correctional matters, for the complaints that the inmates, their representatives or relatives may file. During 2000, 219 complaints were processed, of which 111 were solved; 30 visits were made to correctional facilities. Inmates may also submit complaints or file habeas corpus remedies before the Constitutional Section of the Supreme Court. 8. Rehabilitation Activities Concerning educational matters, courses are taught at the correctional centers from elementary to college levels, as well as high-school completion courses by maturity. High-school level courses are taught with the assistance of the Ministry of Education, at college level with the assistance of the State Distance Education University, and at technical level, including mechanics, masonry, cabinet making, and informatics, with the assistance of the National Education Institute. Therapy against drug addiction and workshops for AIDS prevention are also offered. The inmates work in agricultural projects (cultivation of vegetables and fruit crops, and cattle raising) and in industrial projects (furniture making, cinder block manufacture); they produce arts and crafts and perform other types of manual labor, as well as cleaning duties in the administrative offices. 9. Conditions The inmates of institutional centers (closed facilities) are entitled to family visits once a week for 3 to 4 hours, and a conjugal visit every 15 days for approximately 4 hours. Temporary exit is authorized, always in the company of security personnel, in cases of serious illness or death of a close relative, as well as to receive specialized medical care in a clinic or hospital. All the centers have sports facilities (soccer, basketball, etc.) and inmates are allowed to have a battery-operated radio; there is a TV set in each module. There is freedom of worship, and Catholic priests, ministers or members of different religious communities are allowed to visit the inmates once a week. All the institutional centers have a general practitioner and a dentist on duty. Inmates are offered three meals a day of basic nutritional value, in addition to a coffee break in the afternoon. 10. Remissions As indicated before (Section IV, 11), all persons sentenced to prison may be conditionally released after doing half the time, provided they have not been previously sentenced to serve more than 6 months, and a favorable report is issued by the Criminology Institute. In addition to this benefit, inmates may obtain discounts from the time imposed for work performed, on the basis of 2 days for each day of work. Section XI: JUVENILE JUSTICE 1-2. Organization and Jurisdiction There is no special jurisdiction for minors in Costa Rica. Minors are tried by multi-judge courts and the juvenile penal courts, under the Judicial Branch. The courts apply the 1996 Juvenile Penal Justice Law (Ley de Justicia Penal Juvenil) and the 1998 Childhood and Adolescence Code (Código de la Niñez y de la Adolescencia). The Juvenile Penal Justice Law contains provisions similar to those of the Penal Procedural Code with respect to the basic guarantees and phases of the prosecution. There is, naturally, a difference concerning the sanctions, which may be of a social and educational nature (reprimand and warning, assisted freedom, community service, and reparation of damages to the victim), of orientation and supervision (obligation to live in a given place, termination of relations with certain persons, prohibition to visit bars and discotheques, enrollment in an educational institution, obtaining employment, abstaining from alcohol or drug consumption, attending a detoxification health center), and of confinement (house confinement, confinement during spare time, confinement in specialized center). As indicated before (Section II, 1, B), those under 12 are referred by the penal courts to the National Child Protection Agency. 3. Relationship to Adult Criminal Justice Records concerning minors may not be transmitted to the penal courts when they become of legal age. Section XII: INDIGENOUS CRIMINAL JUSTICE SYSTEMS There are no such systems in Costa Rica. Section XIII: TRANSNATIONAL/INTERNATIONAL CRIME & JUSTICE 1. Procedures A-B. Extradition treaties and extraditions Costa Rica has entered into extradition treaties with Belgium, China-Taiwan, Colombia, Italy, Mexico, United States of America, and Venezuela; similar treaties are being negotiated with Brazil, Panama, Paraguay, Peru and Uruguay. C-D. Foreign prosecutions Costa Rican legislation provides for this possibility only within the framework of an investigation required to grant or refuse the extradition of aliens who would have committed an offense in their respective countries. E-F. Foreign prisoner transfer treaties and number of prisoners transferred In addition to treaties with Colombia (1996) and Spain (1997), Costa Rica has entered into 2 international agreements on the transfer of convicts -- that signed in Strasburg (1983) by 36 countries almost totally European, and the Inter- American Convention, signed in Managua, Nicaragua (which was ratified by Canada, Panama, United States of America, and Venezuela). To date, five Costa Ricans have been repatriated from Spain and Panama, and four persons have been transferred from Costa Rica to Canada, three to the United States of America, two to Germany, and two to Spain. G. Mutual legal assistance treaties Costa Rica has entered into mutual legal assistance agreements on penal matters with El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Panama. 2. Foreign Law Enforcement/Justice Contacts A. Training During the past 5 years members of the Costa Rican police and judicial sectors have received specialized training mainly in the United States of America and Spain. Worthy of mention concerning the judicial sector is the Central American master's program on judicial matters that the University of Costa Rica is implementing. B. International civilian police missions Costa Rica has not participated in any international police mission. C. Regional policy planning At the regional level, efforts have been made since the beginning of the 1990s within the framework of the Central American Integration System (Sistema de Integración Centroamericana -- SICA), towards a certain co-ordination of police action, whose basis was established in the Frame Agreement on Democratic Security in Central America (San Pedro Sula, 1995), signed by all presidents of the region. The latter sets the conditions for the effectiveness of two of the essential elements of this model: respect for the rule of law; and security of persons and their property. To date, the following organizations have been created as a result of this Agreement: the Association of Central American Chiefs of Police (1992); the Central American Security Commission (1994); the Permanent Central American Commission for the Eradication of the Unlawful Production, Traffic and Consumption of Narcotics and Psychotropic Substances (1994); and the Central American Higher Police Studies Institute (1996); agreements have also been signed on the Recovery and Return of Stolen, Robbed or Illegally of Unduly Taken Vehicles (1995), and on Prevention and Repression of Money and Asset Laundering and Illegal Drug Traffic and Related offenses (1997). The "Puebla Process" having to do with intergovernmental efforts to combat illegal immigration and the smuggling of humans through Central America has never been brought into consideration by the authorities in Costa Rica. D. Legats This concept is not applied in Costa Rica. E. Joint working groups In 2000 Costa Rica signed an agreement with the United States of America, whereby a joint maritime police patrolling system was established against drug traffic. In addition, the country participates in the previously-mentioned SICA programs. F. Transnational crime problems The trafficking of drugs and weapons, car theft, and illegal aliens are the main problems posed by transnational crime. Section XIV: RESEARCH & INFORMATION RESOURCES 1. Research No State or college organization does research on subjects relative to crime and criminal justice. The research done thus far has been performed within the framework of international assistance programs sponsored by organizations such as USAID, UNDP, and the Inter-American Development Bank. 2. Publications Following are the main magazines on subjects relative to crime and the criminal justice system: * Revista de Ciencias Jurídicas (Legal Sciences Review) * Revista de Ciencias Penales (Penal Sciences Review) * Revista Judicial (Judicial Review) 3. Professional Associations There are the following professional associations: * Asociación de Ciencias Penales de Costa Rica (Penal Science Association of Costa Rica) * Asociación Costarricense de la Judicatura (Costa Rican Judicature Association) * Asociación Nacional de Empleados Judiciales (National Judicial Employee Association) * Asociación Nacional de Fiscales (National Prosecutors' Association) Section XV: PUBLIC OPINION & SELF-HELP & VIGILANTISM 1. Survey Findings Specialized firms (for instance, CID-Gallup) conduct surveys regularly on the country's main problems, among which those relative to crime and the penal system as a whole are included. The most recent and complete, which was done in February 1999 within the framework of the Regional Justice Project sponsored by the United Nations Development Programme (UNDP), used a representative sample of 1,214 homes. Its results showed, among other things, that: * 51% of those interviewed felt that the country's main problem was citizen insecurity; * 27% of the members of the household had been victims of an offense within the preceding 12 months; * based on a 1 to 10 scale, where 1 would be equivalent to the highest and 10 to the lowest level of trust, the most trusted institutions were the Catholic Church (4.2), the Ombudsman (4.3), the OIJ (4.9), the media (5.2), the courts (5.3), the police in uniform (6.8), the Legislative Assembly (7.3), the labor unions (7.6), and the business chambers (8.1); * the citizens perceive that the courts solve cases with excessive leniency (56%), excessive severity (30%), or with fairness (9%), although they take a long time to do so (76%). 2. Self-Help and Vigilantism In contrast with other Central American countries, cases where the citizens have done justice on their own are not known. However, since the current community organization programs of the Ministry of Public Security do not have an adequate follow up and control system, they have started to show abuse on the part of the population (undue detentions, improper treatment, etc.). 3. Citizen Attacks The citizens of Costa Rica protest through legal and peaceful demonstrations, but do not physically attack or charge against the members of the police forces or other penal system organizations. Section XVI: SOURCES Anuario de Estadísticas Judiciales. Poder Judicial. Departamento de Planificación. Sección de Estadísticas. Anuario de Estadísticas del Organismo de Investigacón Judicial. Poder Judicial. Departamento de Planificación. Sección de Estadísticas. Carranza, Elías (1994). Criminalidad ¿Prevención o promoción?. San José: EUED. Carranza, Elías (1997). "Situación del delito y de la seguridad de los habitantes en los países de América Latina", in Carranza, Elías (co- ordinator), Delito y seguridad de los habitantes. Mexico: Siglo XXI Editores. Chinchilla, Laura (1992), "La seguridad ciudadana: el caso costarricense". Revista de Ciencias Jurídicas (73): 9-39. Chinchilla M., Laura, editor (1999). Seguridad ciudadana y justicia penal: perspectiva de la sociedad civil. San José: United Nations Development Programme. Colegio de Abogados de Costa Rica (1997). Ministerio Público y reforma procesal penal. San José. Corte Suprema de Justicia and Asociación de Ciencias Penales de Costa Rica (1996). Reflexiones sobre el nuevo proceso penal. San José. Cruz C. Fernando and Daniel González A. (1990). La sanción penal. San José: Comisión Nacional para el Mejoramiento de la Administración de Justicia. Programa de las Naciones Unidas para el Desarrollo (2000). Acceso a la justicia en Centroamérica y Panamá. Población privada de libertad. San José. Rico, José María et al. (1988). La Justicia Penal en Costa Rica. San José: EDUCA. About the Author José María Rico, Doctorate in Law, University of Granada, Spain, 1965; Diplomate in Criminology, University of Paris, France, 1965; LLB in Law, University of Paris, 1963. Professor of Criminology, University of Montreal, 1965-1997. Scientific Director of Citizen Security in Central America, Costa Rica. Author of more than 60 articles on matters related with criminology, criminal law and administration of justice published in Spanish, French, English, Italian, Portuguese and Polish. End of file 06/03/03 ih