Cha p ter 9: The cases of Costa Rica, Haiti and Panama 99 The cases of Costa Rica, Haiti and Panama MATION FOR IN Costa Rica C SI A B Population 4,870,000 Comparative increase (percentage variation 2008-2015) Territorial Extension 51,000 km2 Security State GDP Budget Budget GDP (US$) 56,908,000,000 Public Force Personnel 14,497* Security Budget (US$) 949,094,945 159% 126% 91% *Dependents of the Ministry of Security Principal Actors Security Budget as a Percentage of GDP, 2004-2015 1,000,000,000 Institutions Dependents 900,000,000 800,000,000 - Public Force (Civil Guard, Rural Guard, Coast 700,000,000 Guard, Aerial Surveilance, Drugs Control). 600,000,000 Ministry of Public -Police School. 500,000,000 Security - Directorate of Private Security Services. 400,000,000 300,000,000 - General Directorate of Armaments. 200,000,000 100,000,000 0 Ministry of - Directorate of Migration and Foreign Persons. 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Interior and Police - Communal Development. Security Budget (current US$), 2004-2015 4.0% 3.5% - General Directorate of Social Adaption. Ministry of - General Directorate for the Promotion of 3.0% Justice and Peace and Citizen Coexistence. 2.5% Peace - National Youth Network for the prevention of violence. 2.0% - Violence Observatory. 1.5% - National Directorate of Alternative Confl ict Resolution. 1.0% - Commission for Regulating and Rating Public 0.5% Events. - Technical Secretariat of the National 0.0% 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Commission for the Prevention of Violence and Promotion of Social Peace. The Legal Framework Judicial - Judicial Investigation Organism (Criminal National Legislation Branch investigation, forensic sciences, legal • Organic Law of the Ministry of Public Security (N° 5482 – 1973/12/24). medicine). • General Police Law (N° 7410 – 1994/05/30). - Offi ce of the Public Prosecutor • Organic Law of the Public Prosecutor’s Offi ce (N° 7442 – 1994/11/25). • Arms and Explosives Law (N° 7530- 1995/08/23). Offi ce of the - Special Invention Unit. • Youth Criminal Justice Law (N° 7576 - 1996/04/04). President - Intelligence and National Security Directorate. • Law against Domestic Violence (N° 7586 - 1996/05/02). • Criminal Justice Code (N° 7594 – 1996/06/04). • Law on Alternate Confl ict Resolution and Promotion of Social Peace (N° Ministry 7727 – 1998/01/14). of Public - Directorate of Fiscal Control Police. • Law on the Agreement with the United States to Reduce the Illegal Works and Traffi cking of Narcotics (N° 7929 – 1999/10/06). Transport • Law Creating the National Coast Guard Service (N° 8000 – 2000/05/24). • Law Strengthening the Civil Police (N° 8096 – 2001/03/15). Ministry of - General Directorate of Transit Police. • Law Creating the National Program of Education against Drugs (N° 8093 - Finance 2001/03/23). • Law Declaring December 1st as Abolition of the Army Day (N° 8115 – 2001/08/28). Human Rights • Law on Narcotics and Related Activities (N° 8204 - 2002/01/11). Ombudsman • Law Criminalizing Violence against Women (N° 8589 – 2007/05/30). • Witness Protection Law (N° 8720 - 2009/03/04). Costa Rican • Law against Organized Crime (N° 8754 – 2009/07/24). Drugs • Legal Persons Tax Law (N° 9024 - 2011/12/23). Institutes • Casino Tax Law (N° 9050 – 2012/07/09). • Law against Human Traffi cking (N° 9095 – 2013/02/08). Source: Anuario Estadístico de América Latina y el Caribe, 2015, CEPAL (territory and population: projection 2016); IMF, World Economic Outlook Database (GDP projection 2016); Ley de presupuesto ordinario y extraordinario de la República para el ejercicio económico 2016; Decreto que Crea la Comisión Nacional para la Prevención de la Violencia y la Promoción de la Paz Sociall (Nº 33.149 - 2006/06/07); Decreto que Determina los Ministerios a que pertenecen diversas fuerzas de policía (Nº 23.427 - 1994/07/15); and the websites of the aforementioned institutions. A Comparative Atlas of Defence in Latin America and Caribbean / 2016 Edition 100 Security Forces The following bodies operate below the jurisdiction of the Ministry of Public Security: Public Force Aerial Surveillance Drug Control National Coastguard Service Police Service Personnel assigned to 12,94812 948 499 232366 514 each body: Police bodies operating under the jurisdiction of other Ministries: Professional Fiscal Judicial Transit Special Penitentiary Migration Control Investigation Police Intervention Police Police Organism Unit MinistryMinistry of PolicePolice MinistryMinistry of PublicPublic MinistryMinistry of the MinistryMinistry of PeacePeace Interior and Treasury Judiciary Works and Presidency and Justice Police Transport Personnel assigned to 171700 111155 1,1542 898955 64 3,3541541 each body: The Ministry of Publis Security TheTh Ministry Mi i t of f Public P bli Security S it is i the th State St t institution i tit t whose function is to preserve and maintain national sovereignty, assist in strengthening the principle of law, and ensure security, peace and public order in the country. Historically two ministries have developed competences that include police forces: the Ministry of Interior and Police, and the Ministry of Public Security. Ministry of Public Prohibition Security of the Army - Rural Guard Ministry of http://www.resdal.org as permanent Ministry of Public - Civil Guard Interior, Police and Ministry of Interior, institution and Security - Drug Control Police Public Security Police and Public creation of the CIVIL GUARD CIVIL GUARD - Aerial Surveilance PUBLIC FORCE Security CIVIL GUARD AERIAL BRANCH ARERIAL BRANCH - Maritime PUBLIC FORCE Surveilance RESDAL from 194848 / 191949 1958 1970 19941994 1995 2000 The Public Force Downloaded The so-called Public Force is the main police force in the country and it has its background in the Civil Guard, which was created following the abolition of the Army as a permanent institution in 1948. The General Police Law places it defi nitively within the Ministry of Public Security. The reform of this law (strengthening of the civilian police) abandoned the military designation of scales and grades and created spaces of internal control. The practical Ministerial division placed on one side the police body, which is known in the country as the Public Force (which in other countries would be called the national police) and on the other side specialist units (which, given the nature of their functions, have different regulations, situations and challenges). The main provisions that govern the Public Force are: Regulations for Service regulations General Ethics Regulations Regulations of Police Law toxicology tests to of the police forces Police Law for members of the Grades and the Police Strengthening members of the police attached to the (Nº 7410 police forces attached Promotion of Public –Citizen the Civil Police forces attached to Ministry of Public -1994/05/26), to the Ministry of Force personnel Manual 2001 the Ministry of Public Security and reforms Public Security Last amendment 05/03/2010 Security Last amendment 08/27/2003 2009 04/04/2002 2008 Public It consists of civilians that can be summoned for specifi c cases. Force They are given a short induction course for agents, but are called up specifi cally for Reserves their professional skills, such as doctors for example. Source: Compilation on the basis of the Ley orgánica del Ministerio de Seguridad Pública (Nº 5.482 – 1973/12/24), Acuerdo que Adscribe Dependencias de Guardia Civil a Seguridad Pública (Nº 57– 1954/06/09), Ley General de Policía (Nº 7.410 – 1994/05/26), and website of the Ministry of Public Security.. Cha p ter 9: The cases of Costa Rica, Haiti and Panama 101 Distribution of Public Force Personnel* Ensure the security and integrity of the persons and property of the inhabitants of the Keep the peace and Republic. Maintain respect for public order. the property and the other rights of the inhabitants of the 63.41% Agent Republic Ensure the exercise of constitutional rights, the protection of the Specific Powers Maintain respect for constitutional order, the property and the citizen security, of the other rights of the national sovereignty Public Force inhabitants of the and territorial republic integrity. 32.80 % Not identified 1.43% Super Intendant 0.75% Intendant 0.52% Inspector There are 2.7 Public Force agents 0.48% Captain 0.03 % Commissioner 0.30% Sergeant 0.15% Deputy Commissioner 0.13% Commander for every 1,000 inhabitants. Senior Officer Scale Mid-level Basic Scale Officer Scale * Coastguard and Aerial Surveillance units are not included. Judicial Investigation Organism Police investigators amount In 1974 theh Judicialdiil InvestigationiiO Organism i was createdd( (throughh Organic Law N° 5.524) as an institu- tion below the authority of the Supreme Court, and as an auxiliary justice organ that functions as an to 1,542 people. Technical, authentic judicial police. It is formed by the Criminal Investigation Department, the Offi ce of Forensic expert, forensic and Sciences and the Department of Legal Medicine, and it has 34 regional offi ces. In terms of its links with administrative staff total other institutions, it works together with prosecutors during the investigation process. They also have a 600 people. Dependent of relationship with the Ministry of Public Security although to a lesser degree. They coordinate with the Public Force in particular operations (such as raids). the Judiciary. Detainees charged with drug-trafficking crimes Detainees charged with drug-trafficking crimes While the Public Force constitutes the by nationality Nationals Foreigners 2015 by sex Men Women principal security body, the Ministry of 120 30 90 January 111 9 120 Public Security has other police bodies under its jurisdiction, which are tasked 103 20 83 February 80 23 103 with specifi c functions: 132 20 112 March 113 19 132 142 26 116 April 126 16 142 Drug Control Police 128 22 106 May 107 21 128 160 31 129 June 137 23 160 It dates back to 1970, when within the 112 18 94 July 104 8 112 Civil Guard a “Directorate of Narcotics” 100 18 82 August 88 12 100 began to function.