QCOSTARICA — Legislators, in their majority, approved on Monday an amendment to Article 32 of the Constitution allowing the extradition of Costa Rican citizens accused abroad of terrorism or drug trafficking.
The initiative received 45 votes in favor, without dissension by the legislators present in the Legislative Assembly, in the first of three debates required to amend the Constitution. Twelve legislators were absent from the debate and vote.
The second debate and vote is expected this Tuesday afternoon.
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When definitively approved, Article 32 of the Political Constitution will read as follows:
Article 32 – No Costa Rican may be compelled to leave the national territory, except in cases of international drug trafficking or terrorism where extradition has been granted by the Courts of Justice, in strict adherence to the fundamental rights and procedural guarantees recognized in this Constitution, international treaties, and laws.
This reform, however, will require additional legal reforms to be implemented, as Costa Rica’s current laws and international extradition treaties do not contemplate the extradition of Costa Ricans. The Executive Branch, as responsible for the country’s international relations, must renegotiate bilateral treaties to allow its nationals to be extradited for these crimes.
Likewise, national legislation will need to be adjusted to reflect the permissibility of extradition of Costa Ricans, and what requirements judges must follow when deciding whether a Costa Rican is extradited to another country.
The reform was declared constitutional by the Constitutional Court or Sala IV as it is commonly referred to, which upheld the Legislative Assembly’s authority to amend the Constitution as long as its internal balance is respected. In their ruling, the Sala IV judges stated that the extradition of Costa Ricans, under the proposed terms, does not violate fundamental rights or contradict the principles of progressive human rights.
Typically, initiatives require to debates and voting to pass into law. Because this initiative is a constitutional change, three debates are required.
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The reform will represent a momentous shift in Costa Rican security policy at a time when violence linked to drug trafficking and organized crime has reached unprecedented levels.
The historic decision marks a key step in the fight against transnational criminal networks that have found legal refuge in Costa Rica due to the current constitutional prohibition on extraditing nationals.
The change promoted by the Partido Unidad Social Cristiana (PUSC) seeks to close a legal loophole that, according to various political voices, has contributed to the impunity of criminals linked to organized crime.
“This is the clearest and most forceful message we can give to the public: that this Legislative Assembly is committed to working for the safety of Costa Ricans,” said Alejandro Pacheco, the PUSC faction.
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The vote came just days after a call from President Rodrigo Chaves, who urged legislators to support the reform.
Several legislators warned that, while the measure represents progress, it should not be considered a magic bullet to the growing insecurity in the country.
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