Q COSTA RICA — Kendry Alberto Ferguson Madison, convicted of drug-related offenses, surrendered to the courts in Limón on Saturday, October 24—12 days after the Ministry of Justice authorized his release from prison, despite the fact that he was subject to a new eight-year sentence and an order for pretrial detention.
He arrived at the Limón courthouse that morning to place himself at the disposal of the authorities, according to a source familiar with the case.
His release prompted an internal investigation within the Ministry of Justice into the oversights that allowed him to leave.
On October 12, Ferguson had completed a sentence—handed down in November 2021—for the transport and aggravated possession of drugs, an offense deemed harmful to public health. However, he was also subject to another sentence, imposed just a week earlier by the Summary Court (Tribunal de Flagrancia) of the Second Judicial Circuit of Limón.
The court had imposed an eight-year prison term, along with pretrial detention to remain in effect until April 2027.
In addition to the sentence, the judges ordered that he remain in pretrial detention until April 2027, pending the finalization of the conviction. The ruling included a judicial order—a “hold” notice—mandating that the individual remain in custody.
Despite these provisions, the Ministry of Justice authorized his release from the Carlos Luis Fallas prison, located in La Roxana de Pococí, Limón.
An unreviewed email led to the release
The director of the Carlos Luis Fallas prison, Giovanna Cleland Colwille, acknowledged that the release occurred because the official in the Legal Department responsible for reviewing the case file failed to check an email sent by the court.
The message contained notification of a new conviction, a precautionary measure, and an order to keep Ferguson in judicial custody. Another official discovered the communication on October 13—one day after the convicted man had left the prison—while conducting a search for an unrelated matter.
The 2021 conviction, which Ferguson finished serving on October 12, corresponds to case file 20-000258-0622-PE. The subsequent sentence, handed down in October 2026, remained pending execution due to the administrative error.
The Ministry of Justice has launched an investigation and announced criminal complaints.
Minister of Justice Gabriel Aguilar announced that the officials involved in the process that led to the release have been removed from their positions. He also stated that he will file criminal complaints as the internal investigation proceeds.
Following Ferguson’s surrender to the courts, judicial authorities must now determine his legal status and enforce the provisions issued by the Tribunal de Flagrancia.
The man’s voluntary surrender marks a new chapter in this case.