Tuesday 01 December 2009
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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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