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Costa Rica: Information on "she-males" (transvestites or transgendered persons) in San José, including the size of the community, their meeting places, types of activities they engage in and protection available to them in cases where they are abused by the police (2001 to May 2003)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 15 May 2003
Citation / Document Symbol CRI41373.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Costa Rica: Information on "she-males" (transvestites or transgendered persons) in San José, including the size of the community, their meeting places, types of activities they engage in and protection available to them in cases where they are abused by the police (2001 to May 2003), 15 May 2003, CRI41373.E, available at: https://www.refworld.org/docid/3f7d4d863b.html [accessed 30 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

With regard to meeting places and activities of transvestites, the Costa Rica.com Website states that the prostitutes on Calle 12 in San José tend to be transvestites or transsexuals (n.d.). A.M. Costa Rica reported that the Red Zone (Zona Roja) in downtown San José is frequented by transvestites "who work the streets" (12 Dec. 2001). According to the same report, transvestites are seen in the Red Zone late at night after the female prostitutes leave the area (A.M. Costa Rica 12 Dec. 2001).

On 10 July 2001, La Nación reported the killing of Jason Orlando Muñoz Zúñiga, who was dressed as a transvestite at the time of his death. The report further states that he was killed by a shotgun fired by someone driving a pick-up truck as he approached the biblical clinic (Clínica Bíblica) (La Nación 10 July 2001). On 13 July 2002, La Nación reported that a transvestite and hair stylist called "Patricia" Pérez was arrested for allegedly prostituting minors in a beauty salon located in Golfito, Puentarenas. Pérez was arrested after undercover police officers negotiated with him to find them two youth who would perform sexual favours (La Nación 13 July 2002). On 20 March 2003, La Nación reported that a civic committee in Cartago lodged a complaint with the security forces when transvestites from San José took over a street close to the ruins of the city. According to a spokesperson for the committee, the presence of the transvestites has [translation] "affected the morality of the city" (La Nación 20 Mar. 2003).

Another A.M. Costa Rica report states that a number of establishments associated with prostitution such as massage parlours and bars, in central San José, were becoming subject to increased police pressure (16 Sept. 2002). Such pressure, according to some businessmen, was directed at the transvestites who meet in some of the areas under investigation (A.M. Costa Rica 16 Sept. 2002).

The Office of the Ombudsman reported the following on the human rights situation of transvestites, including their treatment by police, in its 2001-2002 annual report [translation]:

Even though the municipality of San Jose financed an analysis of the main problems and needs of this group in August 2000, with the mayor taking responsibility for the situation and stating that he would arrange a meeting with the Minister of Public Security to study the possibilities of relocating transvestites to another part of San Jose, no information is available on the results of this initiative. Before then, the Ombudsman had acted as mediator in the conflict between transvestites and neighbours, but ... effective intervention is needed by other public institutions responsible for safeguarding the well-being of every citizen and for keeping public order.

However, two complaints have been laid by transvestites, one arrested in central Alajuela and one near the La Dolorosa area in San Jose, claiming alleged aggression and arbitrary arrest. The sectors where these arrests occurred are areas where prostitution is prevalent. The reduction in the number of complaints coincides with a marked reduction in the number of transvestites working in the sex trade (Costa Rica June 2002, Sec. B.g.ii)

Although the number of complaints by transvestites fell significantly in comparison to the period 2000-2002, the Ombudsman is investigating two complaints for alleged arbitrary arrest, compounded by degrading treatment and aggression at detention centres, particularly the Alajuela Police Station (Case No. 11827-22-2001-QJ) and the Fifth Precinct in San Jose (Case No. 11685-22-2001-QJ) (ibid., Sec. B.j.ii).

The following information was provided by the Central America Human Rights Research and Promotion Centre (Centro de Investigaciones y Promoción para América Central de Derechos Humanos, CIPAC) in 12 May 2003 correspondence.

The transvestite community is not very well organized in Costa Rica and has no political organization. The sole organization that works with it dedicates itself to distributing condoms to transvestites to lower the incidence of AIDS.

Transvestites do not have their own particular meeting places, but they do mix in places frequented by the gay and lesbian community, and participate in entertainment shows at particular venues. Roughly 90 per cent of the young transvestite community is engaged in prostitution because of difficulties it faces in finding work in offices or in factories.

With regard to protection available to transvestites who are abused by police officers, CIPAC states that, in theory, Costa Ricans live in a country where anyone can lodge a complaint of abuse of authority by discrimination or other reason. However, in practice, the response to complaints will depend on the particular authority from whom the victim seeks justice.

When transvestites are arrested or detained by police, it is usually for crimes punishable under vagrancy laws such as those related to theft or drugs.

The media and the police have attributed the killing of transvestites primarily to the sale of drugs and drug trafficking.

Recently, according to CIPAC, members of the transvestite community have been targeted by groups of youth who fire on them in the streets.

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.

References

A.M. Costa Rica [San José].16 September 2002. Vol. 2, No. 183. "Massage Parlour Arrests May Hint at Crackdown." [Accessed 8 May 2003]

_____. 12 December 2001. "Man Sets World Record for Being Robbed Quickly." [Accessed 8 May 2003]

Centro de Investigaciones y Promoción para América Central de Derechos Humanos (CIPAC), San José, Costa Rica. 12 May 2003. Correspondence sent by the executive director and the administrative director.

Costa Rica. June 2002. Office of the Ombudsman. Annual Report 2001-2002. Translated from Spanish to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.

Costa Rica.com. n.d. "Life in Costa Rica." [Accessed 8 May 2003]

La Nación [San José]. 20 March 2003. "Contra travestis." [Accessed 8 May 2003]

_____. 13 July 2002. Adrían Meza G. "Travesti detenido en la zona sur por prostituir a menores." [Accessed 8 May 2003]

_____. 10 July 2001. "Homocidio." [Accessed 8 May 2003]

Additional Sources Consulted

IRB Databases

LEXIS/NEXIS

World News Connection (WNC)

Internet sites, including:

Amnesty International

Centro de Investigación y Promoción para América Central de Derechos Humanos (CIPAC)

Country Reports on Human Rights Practices for 2002

Gay Costa Rica

Human Rights Watch

Defensoría de los habitantes

International Gay and Lesbian Human Rights Commission

La Nación [San José]. Search engine

Search engine:

Google

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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