Costa Rican justice system is a joke.
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Lack of security threatens Costa Rica's expat economy
By Eric Wilkinson*
Special to A.M. Costa Rica
My wife I have lived on the beach in Guanacaste for almost four years now. We planned our move for six years and after retiring, we purchased our dream home near the beach and came down to spend the rest of our days in the sun and surf.
Our first year here we were robbed twice, once while we slept in our home. Our car has also been broken into numerous times. To date we have had jewelry, televisions, computers, a car, and many other items stolen. Everyone we know, not only in Tamarindo, but in other parts of Costa Rica as well, have been robbed, most more than once. We installed an expensive alarm system and hired armed response in our second year — that worked for a while but they still try.
My problem is not the crime rate per se, but the lack of Costa Rican laws and actions against home invasions and robbery or theft. If anyone out there does not know it, if you catch a thief inside of your house (and don't get killed in the process) the laws in Costa Rica only allow for that person to be held for up to six hours by the police. After that they must be released. The police have told me that they are also scared if they arrest some of these criminals, as they and their families lives are being threatened. I have personally been threatened that if I filed a denuncia, they would kill me and my family. That was in front of police, who did nothing about it.
Last month my wife was sitting in the living room watching TV when she saw a man climb over our 10-foot wall into our yard. Calling for me upstairs, she opened the door to yell at him. By the time I got downstairs he had attacked her and was fleeing. I called the local police, then chased the car down, which had the man and two getaway drivers in it. We caught them, and the police arrested them. The car had three Columbian men in it, who, I found out later were awaiting trial for numerous other burglaries and assaults, had no tags on their car, and had expired visas. Guess what? The police had to let two of the three go because it is "not a crime" to drive the getaway car.
Because of this situation, we along with many of our neighbors have had our houses alarmed and hired an armed response provider. The security company was operating effectively until Tuesday when the municipality of Santa Cruz shut down their office for not properly displaying their business permit in the window. No warning, no fine, just locked the doors, leaving us all vulnerable. Needless to say, there was a lot of nervousness last night, and anger. Seems the municipality is concerned that we are finally protected.
My question: Why does Costa Rica insist on protecting the criminals when it should be protecting the innocent people who are being victimized daily by runaway crime? Instead of releasing criminals three hours after they are caught in the act, driving a stolen car with no tags, and not carrying identification, why not make it a crime to break and enter and hold them for prosecution? Why not make it a crime to hold and sell stolen property? Why not punish violent criminals, instead of letting them go in an hour or two.
It is a crime punishable with prison time to injure someone driving DUI, but will they get prison time if they injure someone during an assault or a home invasion? I have seen how the system works, and, unfortunately, the answer is probably not. As a matter of fact, if I harm someone while protecting my home, I stand as good a chance of going to prison as they do, according to the police.
In our Guanacaste neighborhood, many expats either have moved away or are moving, some back to the U.S. or Europe, some to Panamá and other countries. I estimate that we alone have contributed well over $1.5 million to the economy here, as had our neighbors. Costa Rica had enjoyed a boom for a few years. Now they are risking my family and many others simply leaving, 100 percent because of the lack of security or law. That is a far worse blow to this economy than the temporary lack of tourists. A single family like mine probably contributed as much to the economy here as about 1,000 tourist families (by ICT's estimates of tourist spending). I personally know at least 20 families who have moved recently, citing lack of security in Costa Rica as one of the reasons.
We all love Costa Rica, that is why we moved here. But security for your family is a basic human right in any country.
*Mr. Wilkinson Initially did not want his opinions published, but he changed his mind when the municipality shut down the local private guard service.