Costa Rica: Information on how the Office of the Ombudsman sets in motion proceedings against an institution or person who has committed irregularities and/or abused their authority, particularly police officers who have abused their authority

Information on the powers, procedures and jurisdiction of the Office of the Ombudsman (Defensoría de los Habitantes) of Costa Rica can be found in CRI40270.E of 11 October 2002, CRI38683.E of 7 June 2002, CRI37851.E of 30 January 2002 and CRI37140.E of 25 June 2001. The latter includes information about the role of the Office of the Ombudsman, how it handles complaints and functions.

Country Reports 2001 states that

An effective mechanism for lodging and recording complaints of police misconduct exists. The Ombudsman's office serves as a recourse to citizens that have complaints about violations of their civil and human rights and about deficiencies in public and private infrastructure. It investigates complaints and, when appropriate, initiates suits against officials (2002, Sec. 1.c).

The same report later states that, when dealing with the complaints of prisoners by guards, "the Ombudsman's office investigates complaints and refers serious cases of abuse to the public prosecutor" (ibid. Sec. 1.c). The report also includes references to the Office carrying out investigations on human rights abuses and a public awareness campaign (ibid., Secs. 4-6).

In its report covering the years 2000 and 2001, the Office of the Ombudsman mentions its training and public education activities (capacitación y promoción), its participation in various government and intersectorial committees and working groups, and its investigation of claims and issuing of recommendations that aim to address a specific violation of rights as well as the underlying circumstances that allowed for such violation to occur (Costa Rica 25 June 2001a). The report adds that the Office of the Ombudsman follows up on government institutions' compliance with legislation that refers to the protection of the rights of specific social groups (ibid. 25 June 2001b). However, the report points out that the Office of the Ombudsman does not establish the individual responsibility of those involved in human rights violations (no le corresponde determinar las responsabilidades personales) (ibid.).

Regarding cases of police abuse, the report states that most complaints received were made by persons from poor neighbourhoods and street vendors; claims included incidences of arbitrary arrest, searches, seizure of property and expulsion from a site (desalojo) (ibid.). As a result of its investigations, the Office of the Ombudsman sought the involvement of the municipal government of San Jose in addressing the precarious situation of many inhabitants of the capital, including those who resort to street vending for survival (ibid.).

Recommendations issued during the period covered by the report were directed to the Ministry of Public Security on 12 December 2000 and included:

A detailed study on the schooling and training of all police officers of the Fifth Station (Quinta Comisaria).

Based on the results of such a study, and in coordination with its human resources department, the Ministry should provide the necessary civil and humanist training (formación civilista y humanista) at the National Police Academy (ibid.).

By June 2001, neither recommendation had been implemented by the Ministry (ibid.).

In its 2001-2002 yearly report, the Office of the Ombudsman reported on the activities it undertook from 1 May 2001 until 30 April 2002 (ibid. June 2002). These included the following: investigation of complaints, specific recommendations to the public authorities directly involved in a case, drafting of bills (laws), development of new strategies to monitor the implementation of recommendations issued, and participation as a mediator and promoter of communication and dialogue in certain conflict situations (ibid.).

The report cites 34 complaints against the various police forces, including seven claims from youths, mostly for alleged physical assault and arbitrary detention, six for seizure of property and arbitrary detention of street vendors, five from squatters complaining of forcible eviction, four from police officers for alleged labour violations by their employer, and two from transvestites alleging arbitrary arrest (ibid.). Some of the complaints, including the two latter ones, continued under investigation at the time the report was published, while others prompted recommendations of training or disciplinary action; action regarding the eviction complaints was limited to verifying that the evictions complied with the pertinent judicial and administrative regulations, except for one eviction which prompted a specific investigation (ibid.).

No references to enforcement mechanisms or enforcement powers at the disposal of the Office of the Ombudsman could be found in either of its reports.

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.

References

Costa Rica. Office of the Ombudsman. June 2002. Informe Defensoría de los Habitantes, 2001-2002. [Accessed 29 Nov. 2002]

_____. Office of the Ombudsman. 25 June 2001a. Informe de labores de la Defensoría de los Habitantes, 2000-2001. " Dirección de la defensoría de la mujer." [Accessed 29 Nov. 2002]

_____. Office of the Ombudsman. 25 June 2001b. Informe de labores de la Defensoría de los Habitantes, 2000-2001. "Dirección de protección especial." [Accessed 29 Nov. 2002]

Country Reports on Human Rights Practices for 2001. 2002. "Costa Rica." United States Department of State. Washington, DC. [Accessed 29 Nov. 2002]