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COSTA RICA |
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Jail
Overcrowding A Serious Problem in Costa Rica
As It Combats Rise In Crime
Costa Rica is facing a serious problem of
insecurity, of that there is no question.
And now, worrying judicial authorities more
is the serious problem of overcrowding of
jails, such that, in some cases, some older
or less offensive criminals have been let go
free to allow room for newer criminals.
The problem is so severe that many recently
apprehended criminals are spending up to a
week or more in the "calabozos" (dungeons)
of the Organismo de Investigación Judicial (OIJ)
that to is to be used to hold prisoners for
up to 24 hours, as established by law.
The OIJ holding cells are called the
dungeons for they lack proper sanitary
facilities, no fresh air, garbage and food
in the hallways and have been the scene of
acts of mutiny and suicide.
The problem is so serious that some judges
have been forced to let go criminals who
should be behind bars under preventive
detention measures or sentenced to minor
crimes, as the Adaptación Social (jail
officials) is not able to properly handle
the increased volume.
The courts, as well as the director of the
OIJ, Jorge Rojas, have come to the
conclusion that the treatment of these
prisoners is a violation of human rights.
But, there is not much they can do.
A solution to the problems seems far away.
Currently, according to officials reports,
there are cases where the prison and jail
cells are so overcrowded that up to 43
people are being held in a cell that is
designed for 20. In the case of the
temporary holding cells, it is not uncommon
to have 30 people in a cell designed for 10.
Thus, the practice of letting some criminals
go to make room for others has become a
common as the judicial system struggles and
buckles under the pressure of increased
crime.
Hernando París Rodríguez, ministro de
Justicia y Paz, says the problem has
increased due to the government's aggressive
position on combatting crime, the
exaggerated use of the preventive detention
measures of the justices, the creation of
the "tribunales penales de flagrancia" (a
speedy trial court that can try and sentence
a criminal in hours) and the changes to the
Ley de Tránsito (traffic laws), but no one
anticipated the consequences wich is an
unusual and rapid growth of prisoners that
need to be handled by the Sistema de
Adaptación Social.
The system allows for a maximum of 8.478
prisoners. Currently there are 9.256 people
housed in the country's jails and prisons.
Conservative estimates show that the
overcrowding of the prisons will grow from
the current 778 to 1.331 by next March, but
in reality it could be worse, as
overcrowding could reach as high as double
of the conservative estimate.
The solution is to build more jails. But
that takes time.
So, in the meantime, prison officials will
be looking for some more creative solutions
to the problem, like letting go those
prisoners who behind bars for being behind
in the child support. That decision alone
would free up 160 beds at the La Reforma
prison in Alajuela and save the state ¢290
million colones. At the San Sebastián
holding jail in San José, the move would
free up another 30 spaces.
Minister París recently told the justices of
the Corte Plena that plans to build some 20
prefabricated structures of "low
containment", prefabricated structures that
can hold up to 30 prisoners adequately, with
proper sanitary conditions.
The minister said the prefabricated
structures can be ready in 90 days, much
less time than building a prison and that
the plan is undergoing floor plan design and
should go for approval by the Contraloría in
a matter of days.
If the budget for the plan is approved,
minister París, said that the first 600
units, spread across thec country, could be
ready for occupancy within 120 days. |
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