Although Costa Rica does not currently have a witness protection programme (SERPAJ-AL 14 Oct. 2003; La Nación 18 May 2003; ibid. 10 May 2003), the authorities are reportedly in the midst of developing one as a means of safeguarding the witnesses and victims of organized crime (ibid.). No information on when this initiative will be ready for implementation could be found among the sources consulted by the Research Directorate.

In a 14 October 2003 interview, the Costa Rica-based Assistant Coordinator of the Peace and Justice Service in Latin America (Servicio Paz y Justicia en América Latina, SERPAJ-AL) stated that, despite the lack of a protection programme, judges are empowered to order protective measures (medidas cautelares) to safeguard witnesses they deem to be at risk. The Assistant Coordinator characterized these measures as relatively modest, involving, for example, the posting of a police officer outside a witness' place of residence (SERPAJ-AL 14 Oct. 2003). The Assistant Coordinator also noted that, because protective measures must be ordered by a judge, they are normally only available once a case has gone to trial (juicio), though he added that he was aware of a small number of narcotics-related cases in which witnesses had been granted protection earlier (ibid.). No additional information on the policies and practices adopted by the authorities to protect threatened crime witnesses or victims could be found among the sources consulted.

No mention of incidents in which police officers or other state officials have advised individuals that they should leave Costa Rica and seek asylum elsewhere could be found among the sources consulted by the Research Directorate. Neither SERPAJ-AL nor the Office of the Ombudsman (Defensoría de los Habitantes) have received any complaints from individuals alleging that they had received such advice from the police (SERPAJ-AL 14 Oct. 2003; Costa Rica 17 Oct. 2003).

According to the Consul General of the Embassy of Costa Rica, in Ottawa, the country's police forces consist of the administrative police service, attached to the Ministry of Public Security (Ministerio de Seguridad Pública, MSP), and the judicial police, attached to the Judicial Investigation Organization (Organismo de Investigación Judicial, OIJ) (12 Dec. 2003). The administrative police service is itself divided into the Civil Guard (Guardia Civil), assigned to major cities and border areas, and the Rural Guard (Guardia Rural), assigned to small towns, rural areas and tourist sites (ibid.). The administrative police service is responsible for preserving public order and dealing with community problems (ibid.). The judicial police, which generally has an office in every municipality, receives and investigates criminal complaints, as well as executes judicial orders such as the arrest of a suspect (ibid.).

Those dissatisfied with their treatment at the hands of law enforcement officials can seek redress through a number of channels (SERPAJ-AL 14 Oct. 2003). For example, the SERPAJ-AL Assistant Coordinator stated that the Office of the Attorney General (Ministerio Público) investigates individuals' complaints of abuse of authority and other wrongdoing by police (ibid.). Additionally, the Office of the Comptroller of Services (Contraloría de Servicios) is a unit within the Ministry of Public Security to which individuals can report wrongdoing by police officers attached to the Ministry (Costa Rica 17 Oct. 2003). Complaints are then investigated by the Ministry's Legal Disciplinary Department (Departamento Disciplinario Legal), which forwards its recommendations regarding the imposition of any sanctions to the Personnel Council (Consejo de Personal) (ibid.). Police officers dissatisfied with the council's ruling have the right to appeal its verdict to the minister of public security (ibid.). In October 2003, Minister of Public Security Rogelio Ramos Martínez was cited as saying that 250 officers had been dismissed in 2002 for reasons such as corruption, abuse of authority, uttering threats, absenteeism, extortion and drug use (La Nación 31 Oct. 2003).

In the case of wrongdoing by OIJ officers, individuals can submit complaints to the Comptroller of Services of the Judicial Branch, to which the OIJ is attached (Costa Rica n.d.a), in writing, in person or by telephone (ibid. n.d.b). According to the United States Bureau of Justice, the Office of Internal Affairs, the body charged with investigating these complaints, dealt with 659 cases in 1997, the last year for which statistics are available (US 3 June 2003, Sec. V.7).

Complaints regarding the conduct of law enforcement officials are also received and investigated by the Office of the Ombudsman (SERPAJ-AL 14 Oct. 2003; US 3 June 2003, Sec. V.7; Costa Rica 17 Oct. 2003), an independent body attached to the Legislative Assembly (Asamblea Legislativa) (ibid. n.d.c). In correspondence dated 17 October 2003, the Director of the Costa Rican Office of the Ombudsman's Special Protection Area (Area de Protección Especial) stated that the type of assistance provided by her organization would depend on the circumstances of the case in question. If an individual had already submitted a complaint regarding the behaviour of a police officer to the Ministry of Public Security, the Office of the Ombudsman would monitor the investigation and subsequent disciplinary hearing to ensure that due process had been followed (Costa Rica 17 Oct. 2003). If, however, an individual approached the Office of the Ombudsman claiming that his or her request for police assistance had gone unanswered, the Office would provide advice on how to obtain such assistance or on the procedure to register a complaint against the police officers involved (ibid.).

The Director also indicated that if the Office of the Ombudsman became aware of an instance in which a police officer had failed to discharge his or her duties, it would initiate an administrative investigation of the matter, forwarding its findings and recommendations to the Ministry of Public Security upon completion (Costa Rica 17 Oct. 2003). Between 1 May 2002 and 30 April 2003, the Office of the Ombudsman received a total of 64 complaints regarding the country's police forces, of which 13 involved police inaction (inacción policial) (ibid. 2003, 317).

No information on whether police officers throughout the country are aware of, and compliant with, policies and other directives issued by central authorities could be found among the sources consulted by Research Directorate. However, according to the International Narcotics Control Strategy Report 2002, Costa Rican "law enforcement officials continue to demonstrate growing professionalism and reliability" (Mar. 2003, Sec. I). The report further stated that the "commitment to combat public corruption reaches to the highest levels of the [government]," while adding that "President Pacheco has worked aggressively to deter corruption among public officials" (International Narcotics Report 2002 Mar. 2003, Sec. III).

Information could not be obtained from the Ministry of Public Security, the Judicial Investigation Organization or the police.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Costa Rica. 17 October 2003. Defensoría de los Habitantes, Area de Protección Especial, San José. Correspondence from the Director.

_____. 2003. Defensoría de los Habitantes. Informe de Labores 2002-2003. http://www.dhr.go.cr/DOCUMENTOS/Presentacion.doc [Accessed 10 Nov. 2003]

_____. n.d.a. Poder Judicial. "Estructura" http://www.poder-judicial.go.cr/estructura.htm [Accessed 5 Jan. 2004]

_____. n.d.b. Poder Judicial. "Contraloría de Servicios: ¿cómo tener aceso?" http://www.poder-judicial.go.cr/contraloria [Accessed 10 Nov. 2003]

_____. n.d.c. Defensoría de los Habitantes. "Competencia y Responsabilidades." http://dhr.go.cr/dhr605.html [Accessed 14 Oct. 2003]

Embassy of Costa Rica, Ottawa. 12 December 2003. Correspondence from the Consul General.

International Narcotics Control Strategy Report 2002. March 2003. "Costa Rica." US Department of State. Washington, DC. http://www.state.gov/g/inl/rls/nrcrpt/2002/html/17941.htm [Accessed 14 Oct. 2003]

La Nación [San José]. 31 October 2003. Rónald Moya. "Ramos detalla corrupción." http://www.nacion.com/ln_ee/2003/octubre/31/pais13.html [Accessed 7 Nov. 2003]

_____. 18 May 2003. Jairo Villegas and Israel Oconitrillo. "Denuncian amenazas a testigos." http://www.nacion.com/ln_ee/2003/mayo/18/pais6.html [Accessed 14 Oct. 2003]

_____. 10 May 2003. Irene Vizcaíno. "Procuran proteger a los testigos." http://www.nacion.com/ln_ee/2003/mayo/10/pais8.html [Accessed 14 Oct. 2003]

Servicio Paz y Justicia en América Latina (SERPAJ-AL), San José. 14 October 2003. Telephone interview with the Assistant Coordinator.

United States (US). 3 June 2003. Department of Justice. José María Rico. "Costa Rica." World Factbook of Criminal Justice Systems. http://www.ojp.usdoj.gov/bjs/pub/ascii/wfcjscr.txt [Accessed 24 Oct. 2003]

Colegio de Abogados de Costa Rica

Embassy of Costa Rica, Ottawa

Fuerza Pública de Costa Rica

IRB databases

Ministerio de Seguridad Pública (MSP)

Organismo de Investigación Judicial (OIJ)

Internet sites, including:

AM Costa Rica [San José]

Asociación de Ciencias Penales de Costa Rica

La Nación [San José]. 2001-2003

Tico Times [San José]. 1999-2003