Q COSTA RICA — The government of Laura Fernández took another step in its strategy to combat organized crime by presenting a constitutional reform to the Legislative Assembly that would expand the crimes for which a Costa Rican citizen can be extradited to another country.
The proposal, as part of a package of security bills, aims to extend the grounds for extradition beyond drug trafficking and terrorism, which are the only crimes currently covered by the Constitution.
If the initiative receives legislative approval, authorities will be able to authorize the extradition of Costa Ricans wanted by other states for crimes including money laundering, human trafficking, migrant smuggling, illegal arms trafficking, trafficking in human organs and tissues, contract killing, homicides related to criminal organizations, participation in transnational criminal structures, cybercrime, cyberfraud, and cyberterrorism.
During the presentation of the proposal, President Fernández asserted that nationality should not become a tool for members of international criminal organizations to avoid facing legal proceedings outside the country.
“Nationality is a right and a source of pride for millions of honest citizens; it is not a shield for members of transnational criminal organizations. There can be no abuse of the concept of nationality,” Fernández stated.
According to the Executive Branch, the reform responds to the evolution of criminal networks, which are increasingly operating in a coordinated manner across different countries and simultaneously participating in activities such as drug trafficking, money laundering, arms trafficking, human trafficking, and cybercrime.
The initiative represents a new chapter in the transformation of Costa Rica’s extradition system.
In May 2025, the Legislative Assembly approved a historic reform to Article 32 of the Constitution, eliminating the absolute prohibition on extraditing Costa Rican citizens, including naturalized foreigners.
Before this constitutional change, Costa Rica prohibited the extradition of its nationals to any other country, regardless of the severity of the alleged crimes. Authorities maintained that this restriction was exploited by criminal organizations, whose members obtained Costa Rican citizenship or remained in the country to avoid prosecution in other jurisdictions.
With the reform approved in 2025, Costa Rica began extraditing its citizens exclusively for crimes related to drug trafficking and terrorism. Since then, several people have been handed over to authorities in the United States and Europe as part of organized crime investigations.
One of the most significant cases was that of former Minister of Public Security and former magistrate Celso Gamboa, who was extradited to the United States after being indicted for alleged drug trafficking offenses. His extradition became one of the first high-profile cases in which the new regulations were applied and set a precedent for the country’s international judicial cooperation.
Now, the government believes that limiting extradition solely to drug trafficking and terrorism offenses leaves out other activities also driven by transnational criminal organizations that have a significant impact on public safety.
The proposal must follow the established procedure for constitutional reforms, and therefore will require the approval of the Legislative Assembly.
With this initiative, the Executive Branch seeks to expand the legal tools available to strengthen cooperation with foreign authorities, facilitate the prosecution of individuals wanted for serious crimes, and prevent Costa Rican nationality from continuing to be used as a mechanism to evade international justice.