Guidance

Costa Rica: prisoner pack

Updated 13 August 2021

1. Disclaimer

This booklet was compiled by the Consular Section, British Embassy San Jose. It is revised on a regular basis. If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments. The British Embassy in San Jose is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.

2. Introduction

2.1 Who can help

The Foreign, Commonwealth & Development Office (FCDO):

The FCDO is represented overseas by its Embassies (High Commissions in Commonwealth countries). Both employ Consular officers, and one of their jobs is to provide help and advice to any British National who gets into difficulty in a foreign country.

2.2 About the Embassy

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than any other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters. The attached list of lawyers is provided by the British Embassy for your convenience, but neither His Majesty’s Government, nor any official of the Consulate, take any responsibility for the competence or probity of any firm/advocate on the list or for the consequence of any legal action initiated or advice given.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British Embassy cannot accept legal responsibility for any errors or omissions in the information. If in doubt, contact a lawyer.

2.3 Who are the Consular Representatives?

• Andrew Castle, Vice-Consul (Email: Andrew.Castle@fcdo.gov.uk)

• Vladimir Herrera, Pro-Consul (Email: Vladimir.Herrera@fcdo.gov.uk)

2.4 Contact Information

British Embassy

Edificio Centro Colón, Paseo Colón and Streets 38 and 40
San Jose
Apartado 815 - 1007
San Jose
Costa Rica

Telephone (506) 2258-2025/ +44 20 7008 5000

Fax (506) 2233 9938

For general enquiries, email: ukin.costarica@fcdo.gov.uk

For consular enquiries (e.g. relating to difficulties encountered by British nationals), please use our contact form: www.gov.uk/contact-consulate-san-jose

2.5 Working hours of the Embassy

Monday to Thursday: 8:00am - 4:00pm Fridays: 8:00am - 1:00pm

3. First steps

3.1 Who will know I have been detained?

As soon as a British citizen is arrested and detained in Costa Rica, the Costa Rican authorities will normally contact the British Embassy in San José within 24 hours. It is your right to decide whether we are contacted or not.

If you wish to receive consular assistance it is essential that you inform the British Embassy or Consulate as soon as possible after your arrest. You may also be able to make a phone call to the Embassy or to family (with a covering charge).

3.2 What will my family be told?

Consular staff is bound by confidentiality rules. This means that we will not pass on any information regarding you, your whereabouts, or your case without your prior express consent. Once we have the relevant permission, we will contact family if you would like us to do so.

However, if a minor is detained we are obliged to inform the minor’s next of kin.

3.3 What will the Consulate do?

We aim to contact you 24 hours after we learn of your arrest and visit you within 48 hours; after this we aim to visit you every quarter. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our consular staff.

At each consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.

In case your family wishes to transfer any money to you, we can tell your next of kin how to transfer money through the FCDO in London. Money for prisoners can be sent to:

The Foreign, Commonwealth & Development Office
Desk Officer for Costa Rica, WH4.8
Consular Casework Team
Consular Directorate
King Charles Street
London SW1A 2AH

Tel: 020 7008 0169

If you have dual nationality and are imprisoned in the country of your other nationality the British Consul cannot help you formally, under International Law. However, Consular staff will provide whatever informal assistance the local authorities will allow. Your relatives and friends can contact the above address for advice from the FCDO in London.

3.4 Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

4. Visits

4.1 Who can visit?

Prison police must have a record of the information of the persons who are allowed to visit you. For this reason the personnel of the Prison Police will give you a form regarding “Information record for visitors,” in which you will have to fill in basic information regarding contact details of the persons you want to have as visitors, either adults or people under 18 years old (see section below).

For your lawyers to visit you, there is a special system of visits. During the legal/criminal process, you may be represented by two lawyers. For reasons of space and security, for each person deprived of liberty, no more than two legal representatives may be present simultaneously in the booth or space for legal professionals.

The visit schedule for lawyers and legal representatives is from Monday to Saturday, with the exception of those centers or units in which the general visit takes place on one of those days; from eight to eighteen hours with a maximum of one hour.

4.2 How do my family and friends arrange a visit?

You are allowed to receive visitors. Visitors must identify themselves when they arrive at the prison by showing an identification document containing a photograph (e.g. passport). This is held by the prison and returned at the end of the visit. Visitors will be searched before entering the prison.

We advise the family to contact us well in advance so that we can inform the prison governor and work on the visiting programme. However, there should be no problem, especially since a special program of visits for visitors residing outside the national territory, visit the country for a period of no more than thirty days, or who remain outside of it for a period of no less than three months.

It consists of a schedule of visits that will not exceed more than two days during the week for a period of up to four hours per day, depending on the conditions of the Center or unit. The presentation of documentation that determines the entry and exit date of the visitor will be required.

4.3 Am I entitled to intimate visits?

According to the Regulations of the National Penitentiary System the prison population of the Institutional Care Centers and Comprehensive Care Units have the right to a space for intimate visits, without discrimination based on their sexual orientation. This right will also apply to couples located in the same or in different penitentiary establishments, according to the guidelines provided for this purpose.

4.4 What are the requirements that visitors must meet to enter?

They must present an identification document, and in the case of children and adolescents, the authorization document issued by the Prison Administration and be accompanied by the adult in charge indicated on the respective document.

Visitors cannot be under the effects of alcohol or toxic substances; they will have to bring the dress garments in accordance with the institutional guidelines; and comply with the provisions related to the review or requisition of persons as appropriate, and the revision of property and objects.

Any visitor who presents a condition of physical or mental disability that prevents him or her from identifying him or herself, must enter accompanied by an adult with physical and mental capacity to facilitate and assist the visit and exit from the centre or unit.

4.5 How many visits am I allowed?

Individual prison policy may vary but there tends to be weekly visits allowed for family travelling from within Costa Rica and the prison authorities are normally well disposed to extra visits for family members coming from outside the country.

Prisoners have a right to visitors at least once a week, for a period not exceeding four hours and not less than one hour. These visits may be temporarily suspended for reasons of safety or public health.

Each day of visit may receive a maximum of three people, those with institutional authorisation may enter, provided that they do so accompanied by the adult responsible for their care and protection.

4.6 Other types of visitors

Priests and representatives from local church groups or non-government organisations visit the prisons.

4.7 Is it allowed for people under 18 years old to come as visitors?

Underage visitors are allowed if they are accompanied by a person responsible for their care during the visit. Also, they must have an authorization document issued by the Penitentiary police, according to article 275 of the Regulations of the National Penitentiary System. You can request this authorization to the Social Work section, both in written or verbal forms.

Social work will immediately define the place, day and time of the assessment interview that will be carried out with the persons legally responsible for the minor. They will proceed to get some documentation and then emit the entry card for the minor. The responsible adult that enters prisons has to carry the valid entry card of the authorized minor and ensure his or her care and protection during the entry, stay and exit from the center or unit.

4.8 Consular visits

Under current guidance for Central America, we aim to visit every 3 months.

4.9 What can visitors bring?

Visitors can bring prison comforts. All bags and parcels will be searched before entry and authorities have the right to withhold items that they deem unacceptable (amongst others, weapons, knives, alcohol, drugs, clothes made of black fabric, sunglasses, caps, canned food, grapes, apples and any other food from which alcohol can be produced).

You may contact us for more information on this.

5. Prison conditions/services

5.1 Arrival at prison

Costa Rican authorities can usually be relied on to notify the consulate promptly of someone’s detention and will cooperate in allowing consular contact. Expect to be searched. Your property will be reviewed and what you are allowed to keep will depend on the nature of the items.

5.2 General prison conditions

Prisons in Costa Rica are administered by local authorities. There are three main prisons in Costa Rica: La Reforma, Gerardo Rodríguez Echeverría (also known as “El Virilla”), and Vilma Curling Rivera (Women’s Prison).

5.3 Overcrowding is a problem in Costa Rican prisons

It is not necessary to pay for food and a limited amount of hygiene products are provided free of charge every month, but it is necessary for prisoners to pay for any further products. It is not necessary to pay for medical treatment or dental treatment since every person deprived of liberty is insured through the National Healthcare System -Caja Costarricense del Seguro Social.

This allows prisoners to use any service provided by the CCSS at no cost. The medicines that are provided do not have any cost for the persons deprived of liberty either. Finally, anyone with chronic illnesses will receive regular care from health personnel.

If a prisoner has pending medical appointments having been at liberty and the person is now detained, the external follow-up can be resumed in prison by requesting a document acknowledging the pending medical appointments to the CCSS or other medical institution that the prisoner attended while at liberty.

In any prison facilities, you have the right to receive free medical care and treatment and complementary health care for women; education, occupation and training activities; recreational, sports, cultural and artistic activities; protection of the life and personal integrity of the prison population and their visitors; confidentiality and adequate treatment of personal data.

Also there is a legally established right to gender identity, gender expression and sexual orientation; family and community integration; general, special and intimate visits; freedom of thought, conscience and religion; suffrage; defence; petition; communication abroad through correspondence, public telephones or other means installed in the center or unit; to receive and possess objects and goods; among others. These last ones shall be kept under the prison administration centre custody, including any valuable object and cash money.

At the time of transfer or final departure, the values and objects that you had prior to your imprisonment and the ones you received during this time, will be returned. You will have up to one month for these assets to be reclaimed by you or a person authorized by you.

5.4 How can I receive money?

There are two ways in which you can receive financial assistance while in prison.

• private funds: It is possible to transfer money through the FCDO in London. Family or friends should contact the desk officer for Costa Rica on 0207 008 0169 or 0207 008 0192 for more information
• Prisoners Abroad: This charity (see pages 19 - 20) can help prisoners who have no other financial support, by sending a monthly sum granted via the Embassy for the purchase of food and other essentials. Let the Embassy know if you need this support, or write directly to the Prisoners Abroad caseworker for Costa Rica

5.5 Can I work or study in prison?

In general terms, you will have the right of access to education, occupation and training activities, with no limitations other than those derived from your personal and institutional situation.

It is the obligation of the prison authority to ensure access to educational programs in prison, as well as meet the special needs and cultural diversity of both nationals and foreigners.

Prisoners can work whilst in prison, depending on availability and each prison conditions. Sometimes certain unpaid jobs are available. It is also possible to take classes in all of the prisons, also depending on availability.

Working and taking lessons can help to go towards reducing your sentence.

The population located in paid occupational projects will be covered by occupational health and safety regulations, as well as by coverage of risks, accidents or occupational diseases similar to those that protect the working population, with compensation and medical care coverage.

5.6 Can I receive medical or dental treatment?

Both medical and dental treatment are available in the prisons, upon request.

If you are taking any medicine or vitamins, authorities may permit the medicine to be brought in from outside. Make sure you inform the Consular staff of any serious health concerns that you have (both physical and mental).

Prisoners Abroad can sometimes offer funding towards dental/medical treatment. Please let The Embassy representative know and they can give you the necessary application forms to fill in.

5.7 Food and diet

The diet mainly consists of beans and rice, and other carbohydrate based foods, such as bread, spaghetti, plantain and yuca, and a small amount of meat or tuna. On an average day three meals are given. You can normally make informal arrangements to buy additional food.

Vitamin supplements could be provided by ‘‘Prisoners Abroad’’.

5.8 Mail/parcels

In general terms, you have the right to communicate abroad by correspondence, public telephones or other means installed in the center or unit. You also have the right to inform your family, legal representative or the diplomatic representation of your country, about your entry and exit.

We are not aware of any restrictions on the amount of mail you can send or receive. In most cases the post arrives already opened, or prisoners are requested to open the post in front of the guards. The post is not censored in any way, however sometimes the post does not arrive intact.

5.9 Can I make telephone calls?

It is possible for prisoners to make telephone calls every day, although they must pay for the calls by purchasing telephone cards. There may be limits on when, where to and for how long you can make calls.

5.10 Can I have a mobile phone in prison?

There is no provision for mobile phones in Costa Rican prisons. Anyone caught with a mobile phone is likely to have it confiscated.

5.11 Leisure and entertainment

There are leisure areas in most prisons such as basketball courts and football pitches.

TVs and DVD players are available (depending on the living area in which the prisoner is based). The majority of other leisure items, such as radios and the like are personally owned.

There is a garden area in most prisons where prisoners are able to sit and read and where visitors may meet.

5.12 Can I have a CD Player / Radio / MP3 Player / Cassette Player / Television?

It is possible to take all of the above items into the prisons with the exception of a television.

5.13 What is there to read?

Most prisons have libraries, which contain, in the main, books in the Spanish language. There could be a few books in the English language.

5.14 Drugs

Drugs are forbidden in Costa Rican prisons. Possession and use of these items are punishable. The Embassy dissuades British prisoners from using or being involved in drugs, whether in prison or in general.

To introduce, manufacture, possess, supply or consume unauthorized liquor, drugs, psychotropic substances or narcotics, as well as materials necessary for their preparation is considered a serious offense. It will be punished by sanctions like the relocation of scope, module or residence; the relocation to correctional facilities of the same level of care; according to the Regulations of the National Penitentiary System.

5.15 How can I make a complaint about mistreatment?

If you wish to file a complaint please write to the Embassy/Consulate or let us know during the consular visit so that we take your concerns forward.

If you want to file a complaint yourself, you can contact la Contraloría de Servicios via physical or electronic mail, or orally through a phone call or personal visit. In la Contraloria you are expected to give basic identification documentation, an address to be notified of the advance of the process, the description of the complaint you are filing and any witness, documental evidence, etc that might be of use to support your case.

6. The Costa Rican judicial system

(This section also covers appeals, remission, parole, clemency and transfer)

6.1 Is the system the same as the UK?

The system is not the same as in the UK, although there are many similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to a legal representative, interpreter, fair trial and appeal. However there are fundamental differences. For example, there is no jury system and it is hard to achieve anything quickly. On the whole the Costa Rican judicial system is very bureaucratic. You do have the right to the services of a Public Defender at no charge.

Remember that you should never sign anything you cannot read.

6.2 What should happen when I am arrested?

If you are arrested in Costa Rica you will be taken into custody by the local authorities and the Public Prosecutor will be informed. It is possible that you will spend custody in an airport holding cell or local police station, this measure cannot be extended for over 24 hours without a warrant or an audience to decide whether or not to impose preventive prison.

The courts have 48 hours to make this decision. Police should read the charges and your rights and provide an interpreter. Whilst you are there police will usually gather evidence and interrogate you, and the Prosecutor will start the first phase of the investigation. You have the right to legal representation during the interrogation.

You will then be placed on remand and will be assigned a Public Defender if you request one. You will then be taken straight to the remand prison once the Judge has submitted a detention order to serve the time given before. In both places you will share a cell with a number of people.

You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away, but are usually held in safekeeping until such time as you leave the prison.

6.3 Arrest and detention without a warrant

The police may not apprehend you without a court order, except if you were caught in the act of committing the crime or immediately afterwards or there is proof that you have participated in a criminal offence when the preventive measure of arrest is appropriate.

Temporary detention takes place for exceptional cases established in the article 237, Criminal Procedural Code (for example, when your presence is necessary for the investigation of the crime, or when there is proof that you may hide, escape, or exit the country to avoid investigation). It may be extended by court’s orders, else, the accused will be released within 48 hours.

6.4 Gender identity and sexual orientation

The right to gender identity, gender expression and sexual orientation is established in Costa Rican law, for this reason no sanctions or discrimination in any way may be imposed for the sole exercise of these rights.

6.5 Men

The men’s remand centre (San Sebastian) is located near to the centre of San José. All male prisoners pass through this unit and it can be heavily overcrowded. However, because of overcrowding the authorities may send prisoners to centres outside San José, where previously only sentenced prisoners were accommodated. There are basic clothes washing and cooking facilities that can be used.

There are public phones, but there are usually long queues and calls are not free. It is not possible to receive calls in the remand centre, but visitors are permitted. There is also a shop that sells phone cards that can be used to make international calls.

6.6 Women

The women’s prison, Vilma Curling Rivera, is for both sentenced and un-sentenced female prisoners and is located in San Rafael Arriba de Desamparados, a suburb of San José. Cells are usually overcrowded. Food is provided and there are washing and cooking facilities. Visitors are permitted.

For women, there is also an area within the prison facilities intended exclusively for women who enter pregnant or acquire the condition of pregnancy during their imprisonment. Also, women who, exercising the custody and upbringing of their sons and daughters under three years of age, may be located in this space. The maternal and child provides boys and girls psychosocial, health, nutrition care and potential prevention of abandonment, mistreatment or abuse.

In the maternal and child modules, the storage, use, consumption or trafficking of tobacco, alcohol, illicit or medically unauthorized substances is expressly prohibited.

6.7 For how long can I be remanded in custody?

The remand period in which the Prosecutor leads the investigation of your case can vary according to the charges and the seriousness of the offence. These periods can be renewed at the request of the prosecutor. The period between arrest and trial is often quite long and can vary greatly.

6.8 What happens when I am charged?

For a serious offence, you are likely to be detained in “prisión preventiva” which is the equivalent to the UK’s remand in custody.

6.9 What provision is there for bail?

There is no provision for bail for foreigners.

6.10 What kind of legal assistance is available?

Consular staff cannot give legal advice, but they can provide you with a list of lawyers, all of whom speak English. You can hire a lawyer for yourself at any time after your arrest; a list of lawyers is included in this information pack.

The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer you can apply at any time for a Public Defender. The court must appoint a Legal Aid/Pro Bono Lawyer (Defensor Público) if you do not have funds to hire a private lawyer and you are charged with a crime.

6.11 What happens at the trial?

There is no jury system in Costa Rica. Trials are heard by the judge, the court (usually made up of one to three judges), the secretary of the tribunal (court), the Prosecutor, the lawyer, the accused, and the translator/interpreter.

It is compulsory that all of the above are present at the court hearing, otherwise it will be delayed. All the documents relating to the case and further evidence must be submitted to the President of the court. The trial will be heard in Spanish, an interpreter will be provided.

6.12 The right to defence

The Costa Rican right to defence is regulated by Article 39 of the Political Constitution and is classed as a fundamental right. Defence therefore is a right of all accused, which must be guaranteed in any trial to which he may be subjected. This right is also regulated and guaranteed by different International treaties.

According to Articles 93 and 100 of the Criminal Procedures Code, the right to defence discussed above can be exercised in the following three ways:

1. The accused has the right to be defended by private lawyers, the cost being paid by the accused.
2. When the accused does not elect a private defence lawyer the Court will name a Public Defender, in which case the State assumes the corresponding costs. The designation of a Public Defender does not prejudice the right of the accused to later name his own defence.
3. The accused can also defend himself, as long as this does not prejudice the efficiency of the defence or the normal working of the process.

Regarding the right of defense specifically within prison establishments, article 147 of the Regulations of the National Penitentiary System (Executive Decree No. 40849) states that:

• persons deprived of liberty shall have the right to effective and confidential communication with their public or private defense
• every person deprived of liberty shall have the right to exercise his defense when the commission of a disciplinary offense is attributed to him. He may also have the services of a private defender of his trust, paid for at his own expense

6.13 Sentences

After a court hearing, a sentence is given by the secretary of the court. The actual sentence will depend on the seriousness of the crime and individuals’ levels of involvement. In Costa Rica sentences vary greatly depending on the type of offence which is set out by the law. Your lawyer will advise you about this.

6.14 How can appeals be made?

The accused has the right to appeal their sentence to a High Court through their lawyers within 2 weeks of receiving the sentence. However, the appeal process is very slow, sometimes a full year, and can lead to delays in finalising the sentence. This becomes a problem when a prisoner wants to apply for prison transfer to the UK.

6.15 What provision is there for reduction of sentence (remission) e.g. for good behaviour?

A reduction of sentence (“descuento”) is only available to prisoners once half of their sentence has been served.

6.16 What provision is there for early release e.g. on parole?

At the half-way point it is possible to request parole, (“libertad condicional” in Spanish) and such a request is reviewed by the judge who originally sentenced the prisoner. This is a very bureaucratic process and it is subject to many conditions. Your lawyer should advise you about this.

It is difficult for foreign prisoners to qualify for “libertad condicional” given the requirements of an accommodation certificate confirming that the prisoner will remain in Costa Rica during the period of the “media” and a legalised contract of employment.

6.17 What provision is there for clemency or pardon?

Application for amnesty or pardon can be made to Congress. However, those convicted of crimes such as torture, drug trafficking, and “heinous” crimes including aggravated murder, aggravated rape and robbery resulting in death are not eligible for amnesty/pardon.

It is possible to apply for clemency only on medical grounds if a prisoner falls terminally ill whilst in prison in Costa Rica.

6.18 Review of sentencing

It is possible to request a review of your sentence at any point prior to release. This is a long process however and it often takes several months for a decision to be made. In order to request a review of the sentence, very specific circumstances must be reached. We advise you to ask your lawyer about it.

6.19 What about any financial penalties?

These will depend on individual cases and you are advised to speak to your lawyer.

6.20 Is transfer to another prison within Costa Rica possible?

Yes, if the prisoner requests a transfer and local prisoner directors authorise the transfer. However, transfers to other prisons are only permitted when there are exceptional compassionate or medical reasons for doing so. Please note that prison authorities are reluctant to transfer prisoners who want to escape debts incurred in a prison. If you are interested in a transfer, please speak to the Prison directly.

6.21 Is transfer to the UK a possibility?

Yes, if all parties agree. Costa Rica has ratified the Strasbourg Convention under which transfers are possible to the UK. A prisoner should submit a written petition for transfer. Transfers can only take place if prisoners have, amongst other things, a “final and enforceable sentence” (i.e. an appeal is not pending) and support from the relevant authorities in Costa Rica and the UK.

Please see pages 15 - 18 for further information on transfer to the UK. The procedure normally takes up to two years to complete.

6.22 What are the procedures for release and deportation?

Only people convicted and who do not have pending criminal proceedings can request the transfer. Prisoners will not need a lawyer to request a transfer, they only need to request it from the center’s lawyer or another official. The Director of the Prison submits the release order to the Repatriation Unit -Police Headquarters responsible for deportation-. This office can be contacted via telephone or videoconference.

In theory, foreign prisoners are not allowed to stay in Costa Rica after their release. However, Police Headquarters should arrange a hearing in order to authorise or refuse a request for deportation. At this state, the prisoner (and/or lawyer) could present a bid to remain in Costa Rica. If the Police Headquarters refuse the deportation request, it should pass to the Ministry of the Interior to make a final decision.

Prisoners who obtain permission will be transferred to the cells in the Migration Office and from there to the airport. However, prisoners should have a passport and air ticket before arranging deportation.

If the above documents are not available, the criminal court will submit a remand detention order until the detainee gets all required documents to leave the country. The prisoner will not be able to know the date of transfer for security reasons and he or she will only be able to bring his/her hand luggage.

Transfer tickets are paid by the foreign country or Costa Rica, it depends on the budget. If the prisoner is sick the approval of the doctors is needed.

7. Transfer agreements: Strasbourg convention

7.1 Local requirements to apply for prisoners transfer agreement

• prisoner’s sentence needs to have been confirmed: Judgement must be final and enforceable
• prisoner’s consent
• prisoner’s nationality to be certified (either through passport or through a notarised certificate)
• certificate submitted by the Director of the prison stating how long the prisoner has been detained and how long is still outstanding. Any benefit granted would also be taken into account
• all fines need to be paid
• offence for which prisoner is convicted must also constitute an offence in the UK
• there must remain at least 6 months to serve at the time of application. In exceptional cases the UK and Costa Rica may agree to a transfer even though the time to be served is less
• if any sentence has been appealed and is still in process, transfer application cannot be made – since judgement is not final and enforceable

7.2 Once the application has been agreed

• HM Prison Service (HMPS) arrange the escort and collection of prisoners
• 6 HMPS staff act as escorts in total; 2 are required for each transfer
• it is not possible for more than one prisoner to be transferred at any time
• HMPS will make the arrangements for flights back to the UK
• prisoner is required to pay personal flight cost, or sign an undertaking to repay at a later date
• all men are returned to Wandsworth Prison
• all women are returned to Holloway Prison
• once in the UK the prisoner can apply for a transfer to another UK prison

7.3 Remember it is not a prisoner’s right to be transferred, rather it is a prisoner’s right to request a transfer.

8. Transfer agreement: general information

The repatriation of prisoners between the United Kingdom and Costa Rica is governed by a prisoner transfer agreement made under the Strasbourg Convention. The purpose of the agreement is to facilitate the transfer of foreign prisoners to their home countries in order to maintain close family ties and aid their rehabilitation.

Under the terms of the agreement it is open to either of the two countries only to make a formal request but a prisoner must register an interest in repatriation first. A request should be submitted in the first instance to the British Embassy in San José.

In order for a request to proceed a prisoner must be a British national or have close links with the UK; at least six months of their sentence must be left to serve at the time the application is submitted and the sentence must be final and enforceable (that is, all appeals have been completed and there should be no outstanding criminal proceedings).

You must also have no outstanding fines. Finally, the offence committed must constitute an offence under UK law. Both countries and the prisoner concerned must give their formal consent before repatriation can take place.

There is no guarantee of repatriation and a prisoner can be refused by either state at their discretion. Repatriation requests will be determined for the British authorities by HM Prison Service and for the Costa Rican authorities by the Technical Juridical Department of the Ministry of Foreign Affairs.

In the event that the Costa Rican authorities are prepared to give their consent in principle to a prisoner’s request, the request will be referred to HM Prison Service for consideration. As part of this process the Prison Service will confirm the prisoner’s nationality and check with Scotland Yard for any outstanding criminal matters in the UK. Prisoners will be told of any outstanding matters before they give their consent to transfer. Once back in the UK they may face prosecution for these matters.

The prisoner cannot be prosecuted again in the UK for the same facts that led to the conviction in Costa Rica. If the United Kingdom is content to approve a prisoner’s request the Prison Service will inform the Costa Rican authorities then the prisoner will be asked to give his consent. Prisoners cannot be repatriated unless they give their consent.

From previous experience it can easily take in the region of two years for a transfer request to be granted, since the process involves a lot of investigation into the prisoner’s past, and there is a backlog of requests. Therefore in the majority of cases, if a transfer request is going to be made, it is usual to make it soon after the Costa Rican authorities sentence the prisoner.

If and when the transfer is agreed it can take approximately 1 – 2 months for the transfer to take place since it is necessary for the prisoner to return to the UK with two escorts, and it can take some time to organise the tickets etc. The prisoner is obliged to pay the cost of his/her own ticket, and it is usual for this cost to be paid in advance. Alternatively, if for any reason the prisoner does not have the necessary funds to pay for the ticket it is necessary for an undertaking to repay to be signed advising that the cost of the flight will be paid back to the Finance Office at HM Prison Wandsworth, over a period of time.

This process has been implemented in order not to slow down the transfer of prisoners. Such an undertaking should describe how the prisoner intends to pay the cost of the flight and the time frame involved, e.g. £50/month, rising to £100/month once employed. Until the debt is paid off the prisoner’s passport will be impounded by the Immigration service.

8.1 Location following repatriation

All male prisoners returning to England and Wales will be taken to Wandsworth prison in London. They will remain there for a period of assessment and then will be located to a suitable prison in which to serve the remainder of their sentence, subject to availability in other facilities.

Prisoners will be allocated a security category and may progress through the system. However, not every prisoner will be suitable for open conditions. Female prisoners will be taken to Holloway prison in London before allocation.

8.2 Challenging conviction following repatriation

Following repatriation the conviction and sentence remains a matter for the Costa Rican authorities and they cannot be challenged in the British courts. If the prisoner has further evidence concerning his conviction this must be put before the Costa Rican courts.

Usually the most important information for prisoners is the administration of sentence following repatriation. The UK cannot provide precise release dates before a prisoner is transferred. Prisoners will instead be provided with an information sheet that explains the method used to calculate the sentences. A brief outline is given below.

8.3 Administration of sentences in England and Wales

Under the terms of the Prisoner Transfer Agreement, which governs repatriation between the UK and Costa Rica, the UK will, as the receiving state, continue to enforce the sentence imposed by the Costa Rican Courts in accordance with the rules and regulations governing imprisonment in England and Wales. English release arrangements will be applied to the balance of the sentence remaining to be served at the date of transfer.

In calculating the balance of the sentence, which the prisoner will be required to serve following repatriation, the United Kingdom is obliged to deduct from the original sentence the amount of time already service in custody in Costa Rica, including time spent in pre-trial detention. Any time accumulated in the reduction of a sentence (e.g. through good behaviour/working in the prison) will also be taken into account. The part of the sentence served in Costa Rica is subject to Costa Rican law.

Having deducted the appropriate period served, or deemed to have been served, in Costa Rica the resulting “balance to serve” will be considered to be the UK sentence and to commence on the date on which the prisoner is received into a prison establishment there. It is against the balance left to serve that UK release arrangements will be applied. UK release arrangements cannot be applied to that part of the sentence served in Costa Rica.

9. Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Address: Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or,

For your relatives in the UK: Freephone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time) Email: info@prisonersabroad.org.uk

Website: www.prisonersabroad.org.uk

9.1 Registration

When we make our initial visit to a prisoner we will ensure that the Prisoners Abroad general information sheet and authorisation form are given to you. If you wish to become a member you may complete the form, either in our presence and then we will take it for you and fax it on or at a later date.

9.2 Financial assistance available

Craig Feehan Fund (CFF)

The Craig Feehan Fund (CFF) is available to prisoners in developing countries, including Costa Rica, who have no other source of income. Regular payments from the fund help prisoners to buy essentials, such as clothing and toiletries. In order to qualify for financial assistance the prisoner must have no financial support from family members.

Medical fund

Prisoners Abroad can help to pay for essential medical and dental treatment not provided by the prison authorities where the prisoner has no other means available to pay. An application procedure exists.

Vitamin fund

This fund is used to purchase a 3-month supply of vitamins for each prisoner who is a member of Prisoners Abroad in a number of countries including Costa Rica.

Resettlement

Provided you are registered with Prisoners Abroad before your sentence finishes, Prisoners Abroad may help provide you with resettlement services.

10. Glossary of terms

Spanish	English
A quo, el	Lower court from which a case is being appealed to a higher court
Abogado	Lawyer
Abrogar (una ley)	To repeal, to abrogate
Acción (para demandar)	Cause of legal action
Acción penal privada	Private prosecution
Acción penal pública	A criminal offence –can be prosecuted even when no action is taken by the injured party
Accionante	Plaintiff
Actuario	Clerk of a court of justice
Acusación de oficio	Compulsory prosecution
Afinidad, pariente por	Relative by marriage
Alegatos	Summation, allegation, brief
Allanamiento (a la demanda)	To accept a lawsuit (civil law)
Allanamiento (por la policía)	Raid, search
Allanamiento y robo	Breaking and entering and robbery
Ampliatoria, declaración	To expand one’s testimony before a court
Antecedentes (criminales)	Criminal record
Anteproyecto de constitución	Bill, draft law
Anticrético, contrato	Antichretic-agreement by which debtor offers creditor income from a property which has been pledged in lieu of interest on the debt
Apelación o reclamación	Appeal or complaint
Aplicación	Application
Asistencia judicial	Legal Aid Lawyer
Audiencia	Hearing, court
Auto interlocutorio	Procedural court ruling (abbreviated A.I.)
Autor intelectual (del crimen)	Mastermind
Autor material (del crimen)	Perpetrator
Beneficio de inventario, aceptar herencia	To avoid liability for debts of the deceased, the heir may accept or reject the estate based on an inventory. In ordinary usage: to voice reservations about something
Beneficio de la duda	Benefit of the doubt
Bienes gananciales	Community property
Careo	Confrontation of criminals, suspects of witnesses
Celda	Punishment cell
Cláusula penal	Penal clause
Coartada	Alibi
Código Criminal	Criminal code
Código de Procedimento Criminal	Criminal Procedure Code
Colegio de Abogados	Bar Association
Condonación (de una deuda)	Remission or pardoning of a debt
Contravención	Minor offence
Cortes arbitrales	Arbitration courts
Culpable	Guilty
Daño intencional	Malicious mischief
Deber de obediencia	Duty of obedience
Declaración informativa	Testimony by someone who is neither a defendant nor a witness
Declaración testifical	Testimony by witness before a judge
Decreto supremo	Executive, presidential decree
Defensor Público	Public Defender
Delito	Major offence
Delito calificado	Specified offence
Delito de sangre	Crime involving personal injury or death
Denuncia / Acusación	Charge, accusation, report
Denuncia de la víctima	Criminal prosecution by victim
Derecho a juicio	Right to a trial
Derecho comparado	Comparative jurisprudence
Derecho de réplica	Right of rejoinder, right of rebuttal
Desacato (a la autoridad judicial)	Contempt of court
Detención provisional	Preliminary detention
Difamación / Calumnia	Slander, libel (if written)
Diligencias del sumario	Pre-trial inquest proceedings
Dolo	Malice, criminal intent
Edicto	Judicial notice
Error en persona	Mistaken identity
Estado de Derecho	Rule of law
Estado de emergencia	State of emergency
Estafa	Embezzlement, fraud
Estupro	Statutory rape
Evaluación de pruebas	Evaluation of evidence
Exámen de sangre	Blood test
Examen físico	Physical examination
Excarcelación	Release from jail
Excepción perentoria	Peremptory plea
Expediente	File
Expediente completo	Completed file
Extradición	Extradition
Extrajudicial (acuerdo)	Out of court settlement
Fallo	Ruling, decision
Fallo absolutorio	Finding for acquittal
Falso testimonio	Perjury
Falta	Misdemeanour
Fiscal	Public Prosecutor
Fiscal General	Chief Prosecutor
Fiscalía	Public Prosecutor’s Office
Guardia	Prison Warder
Homologar	To approve, to confirm, to ratify
Imputado	Defendant
Inhabilitación	Disqualification (from holding public office or from exercising any political or civil rights)
Inhabilitación absoluta	Total disqualification (from holding public office or from exercising any political or civil rights)
Inhabilitación especial	Partial disqualification (from holding certain offices or from exercising certain rights)
Instancia única	Exclusive jurisdiction
Instituto Médico-Legal	Forensic Institute
Instruir sumario	To open a pre-trial inquest
Intelectual, propiedad	Copyright
Interpelación judicial	Court summons
Intérprete	Interpreter
Intervención	To make a speech, to place a private or state-owned company under receivership, to interfere, intervene, to put an organisation under a board of trustees
Inviolabilidad (del domicilio)	The right to protection against trespassers
Juez	Judge
Juez de faltas	Misdemeanour judge
Juez de instrucción	Arraigning judge
Juez de la Corte Suprema de Justicia	Supreme Court judge
Juez de primera instancia	Lower court judge
Juez de segunda instancia	Appellate court judge
Juicio / Sentencia	Judgement
Juicio político	Impeachment, trial for malfeasance
Jurídico	Legal
Jurisdicción	Jurisdiction
Justicia	The courts, justice
Justicia ordinaria, común	Courts of law
Justicia, someterse a	To bring to trial
Juzgado Penal	Criminal Court
Laudo arbitral	Award
Lesa patria, crimen de	High treason
Lesión corporal	Bodily injury, battery
Ley consuetudinaria	Common law
Leyes constitucionales	Fundamental laws, bills of rights
Liberar	Release
Libertad bajo fianza	Release on bail
Mandamiento de embargo	Order issued by a court to impound items belonging to a litigant
Mandamiento de secuestro	Order issued by a court to attach or place liens on items belonging to a litigant
Ministerio de Justicia	Minister of Justice
Obstruccion de justicia	Danger of interfering with the course of justice
Oficial de Policía	Police Officer
Oficio	Note sent by a court to government officials, to another court, or to third parties
Oficio, de	Sua sponte (when referring to a judge), ex officio (when referring to an office or institution)
Oposición	Opposition
Orden de custodia	Custody order
Orden de deportación	Deportation order
Orden de libertad	Release order
Parte civil en un juicio criminal	Civil party in criminal trial
Patria potestad	Paternal power, authority legally exercised by parents over their children
Peligro de reincidencia	Danger of repeated criminal offences
Pena mínima	Minimal (culpability)
Perito	Expert Witness
Permiso	Permit, entitlement
Personas físicas	Individuals, natural persons
Personería jurídica	Legal status
Plenario, elevación a	End of pre-trial inquest, beginning of trial proceedings
Prenda legal	Chattel mortgage
Prescripción	Statute of limitations
Presunción de inocencia	Presumption of innocence
Prevaricato	Malfeasance in office
Prisión	Prison
Prisión por largo tiempo	Long-term imprisonment
Prisión preventiva	Preventive detention
Prisionero	Prisoners
Procedimiento penal	Penal proceeding
Promover querella criminal	To press charges
Proporcionalidad	Proportionality
Proyecto de ley	Bill, draft law
Prueba de evidencia	Proof of evidence
Prueba, período de	Presentation of evidence, discover
Queja procedimental	Procedural complaint against official
Querellante, parte	Accusing party, injured party
Rebeldía, en	Non-appearance, non-compliance
Recurrir	To appeal a decision of the court
Recurso de apelación y nulidad	To appeal and request nullity
Reglas de prisión preventiva	Remand rules
Rehabilitación	Rehabilitation
Visita conyugal	Conjugal visit

10.1 List of English-speaking lawyers in Costa Rica

This list is provided by the British Embassy in San José for the convenience of enquirers, but neither His Majesty’s Government nor any official of the consulate takes any responsibility for the competence or probity of any firm/advocate on the list or for the consequences or any legal action initiated or advice given.

You can find an updated list here. All correspond in English and Spanish.