Costa Rica's Minister of Justice and Peace, Gerald Campos, has initiated a broad national discussion on the use of parole and other penitentiary benefits, underlining how punishment games have been practiced in some cases. This issue has generated controversy in balancing the social reintegration of inmates and concerns for public safety.
The camps express concern about judicial decisions that contradict the recommendations of the Instituto Nacional de Criminología (INC), an entity registered with the Dirección General de Adaptación Social. According to data from the Ministry of Justice, in recent years, 3,421 people deprived of their liberty have requested benefits such as parole, a figure that the minister considers high. In most of these cases, the INC has issued unfavorable information, recommending that such benefits not be granted.
However, in the last five years, 456 excluded people have freed themselves with the value of the penalty games, following criteria that do not always coincide with those of the INC. The camps reported that, although they did not show exact figures, a significant percentage of these beneficiaries ended reincidiendo in criminal activities and feel it captured again.
The Poder Judicial, for its part, defended the process through a statement, stating that decisions relating to penitentiary benefits are neither automatic nor arbitrary, but are regulated by the Penal Code, the Criminal Procedural Code and the Ley General de Adaptación Social. These regulations establish the legal and behavioral requirements that the deprivation of liberty must meet to access a benefit, in addition to other factors such as the time since the sentence and his behavior within the penitentiary system.
Costa Rica's president, Rodrigo Chaves, also weighed in on the debate, stressing the need to reform laws before considering megaprojects such as the construction of new facilities, something he described as an insufficient grab in the face of the insecurity crisis he is facing the country. . According to Chaves, the radical problem of the lack of effective treatment in the penitentiary system is difficult to reduce recidivism and ensure the safety of the city.
Criticism of the penitentiary benefits system
Various sectors have criticized the Poder Judicial, arguing that the system for granting prison benefits does not always respond to clear criteria and that, in some cases, it is perceived as too permissive. According to critics, judicial decisions appear to ignore the impact these averages can have on public safety, particularly when people convicted of serious crimes are affected.
The Ministry of Justice has collected data showing that the beneficiaries of medical treatment such as parole or the regime of trust come, in its mayor, from those convicted of crimes related to the Psychotropics Law, crimes against property, life and sexual crimes. From the point of view of Minister Campos, this type of crime should automatically exclude any possibility of penitentiary benefit, given the risk it represents for society.
Furthermore, the Ministry has indicated that among the most sensitive convicts are crimes against freedom, relations with the law on the punishment of violence against women, crimes against human rights, common security, the law on weapons and those constrained with the abuse of public functions. Civilization's frustration with the resurgence of some criminals is particularly well known, especially when political efforts do not seem to translate into lasting results.
“It is understandable that many people feel frustrated when political efforts appear to have no sustainable results,” Campos said. «The work of the police in capturing and guarding the people breaks the law on compromise with the protection of the citizenry».
The perspective of the Power of Judicial
In defense of the current system, the Supreme Court of Justice has stated that prison benefits are not privileges, but legal instruments designed to facilitate the social reintegration of people deprived of liberty. According to the explanation, it is a question of trying to balance the contribution of sentences to the objectives of Costa Rica's penitentiary policy, which include rehabilitation, social reintegration and the prevention of re-incidence.
Penalty enforcement games must be taken into account by multiple factors before granting a benefit. In addition to the time the inmate spent in prison, it evaluates his behavior during detention, his personal, family and social conditions, as well as the recommendations of the INC. The latter provides technical information which, although not binding, serves as one of the main references in the decision-making process.
The Court also decided that democratic systems, such as those of Costa Rica, seek to balance the individual rights of persons deprived of liberty with the security needs of society. In this sense, the boys insist on the fact that the granting of benefits cannot be based on automatic criteria or external pressure, but must follow a detailed analysis of each case.
Reform or adjustment?
The debate over prison benefits in Costa Rica is not new, but it has great relevance in the context of growing concern about city insecurity. While the Ministry of Justice pushes for legal reforms that limit access to these benefits for some serious offenders, the Poder Judicial insists that the current system is designed to ensure a balance between justice and rehabilitation.
On the other hand, critics argue that a more comprehensive intervention is needed that combines legal reforms with crime prevention reversals, effective rehabilitation programs and improvements in prison infrastructure. As reported to President Rodrigo Chaves, the construction of new prisons, even if necessary, will not alone solve the structural problems of the penitentiary system.
Ultimately, the radical challenge is to find a balance between the need to ensure public safety and respect for the human rights of people deprived of liberty. To eradicate it, it will be essential to foment an inclusive dialogue between the various actors involved, from the Executive Power and the Court to civil society, with the aim of building a fairer, more efficient and safer penitentiary system.
The debate over penitentiary benefits not only poses the manifestation of the tensions between justice and rehabilitation, but also reflects the complexities of addressing one of the most pressing problems facing Costa Rica: ensuring the safety of the city while promoting a more equitable and respectful society the right human beings.
