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Costa Rica

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Prison and Detention Center Conditions

Prison conditions were harsh due to gross overcrowding, inadequate sanitary conditions, difficulties obtaining medical care, and violence among prisoners.

Physical Conditions: Overcrowding was a problem. As of July the prison population exceeded the designed capacity of prisons by 27 percent, according to official statistics. Although the Ministry of Justice made efforts to expand prison capacity and improve conditions in accordance with international standards, a majority of prisons, as well as the comprehensive care units, remained overcrowded, with the population in pretrial detention experiencing the most overcrowding. Authorities held male pretrial detainees with convicted prisoners on occasion.

The Ministry of Justice was responsible for the prison system, while the Immigration Office maintained a migration facility in Heredia holding illegal migrants until they were deported or regularized their migration status.

Overcrowding continued to make security and control difficult. On May 25, a prisoner died after a dispute among prisoners at La Reforma Prison. When police opened the gate of the cell module to calm down prisoners, there was a stampede; two prisoners were seriously injured with a knife, one of whom died later at a hospital.

Poor conditions included inadequate space for resting, deteriorated mattresses on the floor, and inadequate access to health services. Illegal narcotics were readily available in the prisons, and drug abuse was common. In the San Sebastian detention center, where most of the prisoners in pretrial detention were held, prisoners lived in unsanitary conditions.

Administration: The Ombudsman’s Office investigated all prisoner complaints, including credible allegations of mistreatment.

Independent Monitoring: The government permitted independent monitoring of prison conditions by international and local human rights observers. The Office of the UN High Commissioner for Refugees (UNHCR) monitored the migration detention facility, and the government ombudsman monitored all other detention centers, with UNHCR visiting monthly and the ombudsman preparing annual reports.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private communications without appropriate legal authority.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2018 voters elected Citizen’s Action Party’s (PAC) Carlos Alvarado president during a second round of elections, after no candidate achieved 40 percent of the first-round vote. Presidential and legislative elections are simultaneous. In 2018 legislative elections, the National Liberation Party (PLN) gained the most seats, but it did not achieve a majority in the National Assembly. In internal legislative elections in May, the Christian evangelical National Restoration Party won the presidency of the National Assembly for one year in an alliance that included PAC and PLN.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

Women and persons of African descent were represented in government, but indigenous persons were not. In national elections political parties must guarantee gender parity across their electoral slates and confirm that gender parity extends vertically. The electoral code requires that a minimum of 50 percent of candidates for elective office be women, with their names placed alternately with men on the ballots by party slate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.

Corruption: On February 28, the attorney general, together with judicial police officers, searched the Presidency as part of an investigation for the alleged breach of personal data, abuse of authority, and prevarication due to the creation of a data analysis unit in 2018 without legal foundation. On February 17, the government published an executive order in the official gazette indicating the presidential data analysis unit would have access to confidential information of citizens; however, on February 21, the government annulled the executive order due to the turmoil it caused. On March 4, Minister of the Presidency Victor Morales resigned for having approved the executive order. The Ombudsman’s Office began an administrative investigation, and the National Assembly formed a special committee to investigate the creation of the data analysis unit.

Financial Disclosure: Public officials are subject to financial disclosure laws that require senior officials to submit sworn declarations of income, assets, and liabilities. The law requires income and asset disclosure by appointed and elected officials. The content of the declarations is not available to the public. The law stipulates administrative sanctions for noncompliance and identifies which assets, liabilities, and interests public officials must declare. Officials are required to file a declaration annually and upon entering and leaving office.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future