Q.A.M. Eijkman, We Are Here to Serve You! Public Security, Police Reform and Human Rights Implementation in Costa Rica CHAPTER 1 INTRODUCTION During this research many people wondered why I studied human rights implemen- tation within the police in Costa Rica; a state with a worldwide reputation for re- specting democratic values, peace and human rights. Common questions included; ‘Why not focus on a country where human rights are really violated,’ or ‘Are not the police the violators’? I have learned that the concept of human rights is associated with human rights violations. Furthermore, I discovered that when it comes to human rights and the police in Latin America both scholars as well as non-scholars tend to have activist, or at the very least engaged, points of view. But do they have a point? Is it necessary to study human rights implementation within the police in, what are consid- ered, democratically ruled states that respect the rule of law and citizens’ rights? In this book I argue that this type of empirical research is valuable. It contributes to academic debates about the dynamics between law and society. Does, for example, the implementation of human rights law lead to social change? What external factors play a role within the context of a non-transitional society1 in Latin America? What is the effect of human rights on law enforcement officials? Latin America is one of the most violent regions in the world (WHO, 2002). It has a recent history of authoritarianism, militarism, unequal distribution of wealth, civil wars and human rights violations. Nowadays many countries are consolidating demo- cratic rule (UNDP, 2004a/b). Governments are being challenged to introduce effective public security and police measures, while simultaneously showing respect for citi- zens’ rights. To ensure law enforcement officials’ compliance with human rights, reform is being implemented throughout the region’s public security and police systems. Previous research has mostly been conducted either in western societies or in Latin American societies that are in transition towards full-fledged democracy (see sections 2.3 and 2.5). Less is known about how the police in stable democracies in the region respond to human rights reform. Within Latin America, Costa Rica’s lack of militarismo, respect for the rule of law and relative egalitarianism is unique. Simulta- neously, there are many myths about the so-called ‘Switzerland’ of Latin America. Outsiders consider it to be an oasis of peace and stability, whereas inhabitants perceive things differently. Since the late 1990s, Costa Ricans have been experiencing increas- ing dissatisfaction and insecurity (UNDP, 2005/1997; LB, 2005/1996). Among others 1 Transitional societies are, ‘Those nations in transition from totalitarianism to liberal democracy…, thus they are democratising states with a totalitarian heritage’ (Alemika, 2003: 63). Non-transitional societies are consolidated, established democracies in which change tends to be more gradual (see section 2.5.2). 1 Q.A.M. Eijkman, We Are Here to Serve You! Public Security, Police Reform and Human Rights Implementation in Costa Rica Chapter 1 this is caused by changing socio-economic conditions, corruption scandals, immigra- tion, the lack of police professionalism and rising crime and violence rates (see section 2.6). Throughout my investigation I explore the implementation of human rights within the preventive police2 of Costa Rica, a non-transitional society in Latin America. By evaluating the effect of police human rights strategies3 that aim to increase compliance with human rights by law enforcement officials, the underlying dynamics of law and its relation to social change become apparent. From a social change perspective my research touches upon the issue of human rights implementation and its consequences for law enforcement. Despite the public security and police reform of the last two decades, many Latin Americans continue to have modest trust in their law enforcement officials and therefore it is important to review human rights related police reform (LB, 2005/1996; Seligson, 2004). Although from a regional perspective the human rights record of Costa Rican police forces is relatively strong, citizens are somewhat sceptical about their law enforcement officials (US State Department 2005/1999; UNDP, 2005; Vargas and Rosero, 2004; Ombudsman’s Office 2004/1996; CAT Report, 2000; see sections 2.5, 3.2 and 4.5).4 Since the 1990s, the Costa Rican police forces, like most of their counterparts in the rest of the region, have to deal with increasing numbers of crime and violence (Chinchilla, 2006; Dammert and Bailey, 2005; Frühling, Tulchin and Golding, 2003). The main preventive police force, the ‘Public Force’, which falls under the responsibility of the Ministry of Governance, the Police and Public Security (‘Ministry of Public Security’), is being reformed into a professional, community orientated and stable police force. Implementing human rights is part of this process. Because of the intensity of the crime and violence in Latin American cities, I predomi- nantly concentrate on the urban police (Weisheit, Falcone and Wells, 2005; Seligson, 2004). As police units of the Public Force in San José were among the first to be subjected to human rights related police reform, I discuss them in great detail. 2 In this study I focus upon the implementation of human rights within a preventive police force. Most Latin American public security systems distinguish between preventive and investigative policing (Ambos, Gómez and Vogler, 2002). Preventive police forces carry a responsibility to protect public security and maintain order within society. Unlike investigative police forces, who are also known as the repressive or the judicial police, they do not perform any task after crime has occurred. From an inhabitants’ perspective, preventive police forces are crucial to understand. Their uniformed officials are the most visible aspect of policing. Due to their sheer number, ordinary citizens are most likely to interact or have contact with them (see section 3.3). 3 As a result of the social change that particular police reform generates, law enforcement officials are directly or indirectly stimulated to increasingly comply with human rights norms, values and/or standards. Therefore in my research they are referred to as ‘police human rights strategies’ (‘PHRS’) (Eijkman, 2007/2006a/b; Husain 2007/2006). Through PHRS the state implements human rights law within the police (see section 2.4.2 and appendix C). 4 Human rights reports issued by non-governmental organisations (‘ngo’s’) such as Amnesty Internatio- nal (‘AI’), Human Rights Watch (‘HRW’) or the Washington Office on Latin America (‘WOLA’) hardly ever mention Costa Rican police forces or its law enforcement officials. 2 Q.A.M. Eijkman, We Are Here to Serve You! Public Security, Police Reform and Human Rights Implementation in Costa Rica Introduction 1.1 RESEARCH QUESTIONS As mentioned before my book discusses the effect of implementing human rights within the Costa Rican preventive police. Even though I introduce the historical context of public security and the police, I focus on the period between 1994 and 2006. The central research question is: How do the police of a non-transitional society in Latin America respond to the implementation of human rights? The following supple- mentary research questions, in which I have operationalised the concept of the ‘police’ on three separate levels, the police system, police units and their law enforcement officials, has guided my study: • Is there a relationship between public security and police reform in transitional societies and non-transitional societies in Central America? • Which socio-political factors relate to the implementation of human rights within the Costa Rican preventive police system and urban police units of the Public Force in San José? • Which institutional factors relate to the implementation of human rights within the Costa Rican preventive police system and urban police units of the Public Force in San José? • From within their own social context, how do law enforcement officials of the Costa Rican preventive police system and urban police units of the Public Force in San José experience the implementation of human rights? 1.2 METHODOLOGY The overall design of this pre-evaluative research is based upon a naturalistic inquiry. I have focused upon naturally unfolding processes and therefore my style is explor- ative. By exploring how the implementation of human rights within the police oper- ates, any sort of significant outcome is captured (Barker, 1991; Patton, 1991). I try to discover relationships and patterns. In a sense the research process is data driven. It develops according to its context (Mason, 2002). This implies that I do not make a full-fledged evaluation. My results are a contribution to future evaluative research. Because I did not develop any hypotheses, I am open to any effect of the imple- mentation of human rights with the police, and therefore my approach towards data collection is pragmatic. I focus upon actions, situations and consequences, and adjust my methods to this form of knowledge acquisition (Creswell, 2003). The methods for this research are selected to facilitate a case study approach (Yin, 2003). These case studies are analysed with the assistance of different methods. Although the implemen- tation of human rights within the police is studied in general, I have concentrated on a few key police and human rights themes (see section 2.3 and table 2.1). This enabled me to select several police human rights strategies. Because questions, issues and a search for patterns guide this study, my methodology is adjusted towards this ap- proach. 3 Q.A.M. Eijkman, We Are Here to Serve You! Public Security, Police Reform and Human Rights Implementation in Costa Rica Chapter 1 The methodology is predominantly, but not exclusively, qualitative orientated. Between June 2003 and September 2006, during four separate fieldwork trips the data for this inductive inquiry were collected through open and semi-structured interviews, two questionnaires and participant observation.