Q COSTARICA — Five weeks after taking office, President Laura Fernández presented six bills to the Legislative Assembly aimed at curbing drug trafficking and organized crime.
The presentation included a stage, ministers, government deputies, police officers, and members of the ‘Elite Force’. The president said this is just the first package and that “many more will come,” because, in her words, the crisis in the administration of justice in Costa Rica must be addressed “by everyone.”
On Monday, the president went personally to the Legislative Assembly for this purpose, accompanied by Rodrigo Chaves, Minister of the Presidency.
In her keynote address, she emphasized that she will always stand with the victims, while also asserting that she is unconcerned by criticism from progressive groups regarding her proposals for a tough stance.
“The permissiveness towards repeat offenders must end. Those who make crime their way of life must receive harsher penalties. (…) We stand with the victims. And yes, I say it directly: I stand with the victims. I stand with the criminals. And if they want to label me as whatever they want for that, I don’t care. Here, the victims must be the top priority in public policy and the laws of the Republic,” Fernández said.
In presenting one of the proposals, called “Zero Idleness in Prisons,” she asserted that “our country is tired of tolerating vagrancy and corruption in penitentiary centers.”
“We don’t want any more idlers in prison. So we are establishing that incarcerated individuals must participate in productive activities,” Fernández stated.
“Give us the tools.” The government starts with a clean slate and presents a clear strategy to the Legislative Assembly. Important to note that no one in their right mind is going to say the country doesn’t need better instruments to combat organized crime, recidivism, cell phones entering prisons, clandestine airstrips, criminal recruitment, or attacks against police officers.
They are most welcome! The problem, as always, lies in the details… where the devil lives. Sometimes it comes in a suit and tie, sometimes with a statement of purpose.
These are the 6 bills Laura Fernández presented this Monday:
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- Ley Gerson Rosales (Gerson Rosales Law)From now on, the armed response of a police officer will be presumed to be legitimate self-defense, and penalties will be increased for those who attack officers of the various police forces.The legislation is named after Officer Gerson Rosales, who was murdered a month ago by a criminal gang in Limón.
- Ley contra pertenencia a organizaciones criminales (Law Against Membership in Criminal Organizations)
Currently, there are no specific prison sentences for those who are part of a criminal network.For this reason, President Laura Fernández is presenting a proposed law to establish prison sentences of 3 to 8 years for those who are members of or provide services to criminal organizations. - Ley de mano firme contra la reincidencia delictiva (Law Against Repeat Offenders)
Repeat offenders will not be able to be released by judges simply by claiming family or employment ties.Three categories are established for punishing recidivism:
a) simple recidivism, committed by anyone who commits a new intentional crime within a 15-year period;b) aggravated recidivism, when the new crime involves organized crime, drug trafficking, or membership in criminal organizations; and
c) habitual recidivism, committed by anyone who, within 15 years, accumulates three or more intentional crimes with a sentence and commits a new one, as well as professional criminals.
- Ley de cero ocio en las cárceles (Zero Idleness Law in Prisons)
For a person to receive a sentence reduction, they must work within the prison in a productive activity established by the Ministry of Justice.35% of their earnings will be used for their upkeep, another 35% will be allocated to the families of victims, 20% to support their families, and 10% will be allocated to a savings fund so that, upon release from prison, they can rebuild their lives. - Ley contra las pistas de aterrizaje clandestinas (Law Against Clandestine Airstrips)Prison sentences of 5 to 10 years are established for owners, lessees, possessors, or administrators of airstrips, airfields, or landing sites used for illegal activities such as drug trafficking.
- Registros judiciales de 15 años (15-Year Criminal Records)Individuals convicted of crimes against life, organized crime, and drug trafficking will not have the right to be forgotten; therefore, these crimes will remain on criminal records for 15 years after the sentence has been served.
The agenda of the bills is now in the hands of the legislators.