Dear Tico Times:
I want to denounce and make public Costa Rica’s human rights violations. Costa Rica portrays itself in every international forum as the leader of the human rights movement, while at the same time it allows its judicial system to violate basic fundamental human rights established by its own internal law, the American Convention on Human Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Convention on Consular Relations.
For example, the recent decision by the Penal Branch of the Supreme Court, or the Sala III, acting as the second instance, reduced the sentence of ex-President Rafael Ángel Calderón to three years and at the same time violated his right to appeal this decision, which according to Article 8.2-H of the American Convention and Article 14.5 of the Covenant is appealable. This is what is known as “double instance” and means that the whole process is null.
Costa Rica, instead of the mandatory four courts of appeals, has only two to resolve the four different kinds of appeals: apelación (appeal), casación (annulment), revisión (review) and amparo (habeas corpus). Currently, apelación does not exist, and casación does not comply with the American Convention (Art. 8.2-H) or the International Covenant (Art. 14.3 and 14.5). Revisión is resolved by the same court, violating the hierarchy principle (8.1 and 8.2-H).
Amparos, which should be resolved by the Constitutional Chamber of the Supreme Court (Sala IV) when other courts violate fundamental rights, are immediately rejected by this high court, neglecting it’s duty to respect, comply and enforce the American Convention. For more details, see the sentence against Panama in the case Baena Ricardo et al v. U.S. Panama, paragraph 174, and the Amparo 2010 and 2011, rejected by the Sala IV.
Until this day, Costa Rica has violated the rights of 1,901 foreigners and neglected to notify them of their right to contact an official of the embassy or their consul to request assistance in the preparation of their defense, such as providing and retaining legal representation, verification of the condition under which the legal assistance is provided (if the lawyers are learned in criminal law) and to ensure a fair trial.
The Inter-American Court of Human Rights has already ruled on this obligation in the OC-16/99; it also found Ecuador guilty of violating this right of a Chilean citizen, Chaparro Álvarez in the case Chaparro Álvarez and Lapo Iñeguez v. Ecuador, paragraphs 162 to 165.
Furthermore, Costa Rica itself in the hearing of the OC-16/99 (Consultative Opinion 16/99) declared that this right cannot be denied, under any circumstance, to any foreigner, affirmation that was later confirmed by the court (see paragraphs 90 to 110 in the same OC-16/99).
This violation is only the tip of the iceberg.
