Costa Rica - Corruption
Costa Rica has laws, regulations, and penalties to combat corruption, though the resources available to enforce those laws have been limited. These laws extend to family members of officials and contemplate conflict-of-interest in both procurement and contract award. A series of high-profile corruption cases in previous years involving directors of state-owned enterprises as well as two ex-presidents have helped emphasize that even senior official may be prosecuted on corruption charges. Allegations of lower-level corruption are common, and some prosecutions have resulted.
In 2004 unprecedented corruption scandals contributed to a feeling of crisis and political malaise in the country. Ex-president Miguel Angel Rodriguez (1998-2002) faced charges of corruption related to a major telecommunications contract negotiated during his administration. Another ex-President, Rafael Angel Calderon (1990-1994), awaited trial on corruption charges related to his role in a healthcare equipment deal that allegedly included several million dollars in bribes. A third ex-President, Jose Maria Figueres (1994-1998), came under fire for failing to disclose earnings of $900,000 in "consulting fees" received from a French telecom company. Figueres refused to return to Costa Rica to testify before the Legislature.
Additional scandals erupted following the catastrophic fire of 13 July 2005, which killed 19 people and destroyed a large portion of the Calderon Guardia Hospital. Subsequent investigations showed that the hospital failed numerous fire safety inspections, but failed to modernize their fire control systems. Considering that the health ministry had been at the center of many recent scandals, this further embarrassment only served to further reduce public faith in the system.
The attorney general (Fiscal General de la República), state litigator (Procuraduria General de la República), comptroller general (Contraloría General de la Republica), and ombudsman (Defensoría de los Habitantes) work together in an effort to combat corruption. The comptroller general, the Organization of Judicial Investigation (OIJ), and the public prosecutors' office investigate allegations of corruption. The comptroller general is responsible for approving or rejecting public contracts, auditing results, and detecting instances of corruption.
Costa Rica ratified the Inter-American Convention Against Corruption in 1997. This initiative of the Organization for Economic Cooperation and Development (OECD) and the Organization of American States (OAS) obligates subscribing nations to implement criminal sanctions for corruption and implies a series of follow up actions. Costa Rica also ratified the UN Anti-Corruption Convention in March 2007. As part of its OECD Action Plan, Costa Rica should sign onto the OECD Anti-Bribery Convention.
In addition to these existing structures and safeguards, the Government of Costa Rica is implementing several initiatives centered on greater transparency in government. As a member of the Open Government Partnership (OGP), Costa Rica has been developing websites for many of its government offices with data sets of interest to civil society.
While U.S. firms have not identified corruption as a major obstacle to doing business in Costa Rica, some have made allegations of corruption in the administration of public tenders and in approvals or timely processing of permits. Developers of tourism facilities periodically cite municipal-level corruption as a problem when attempting to gain a concession to build and operate in the restricted maritime zone.
Acts of bribery, including those directed against government officials, are criminal acts punishable by imprisonment. Public officials convicted of receiving bribes are subject to prison sentences up to ten years, according to the Costa Rican Criminal Code (Articles 340-347). Entrepreneurs may not deduct the costs of bribes or any other criminal activity as business expenses. In recent years, Costa Rica has seen several publicized cases of firms prosecuted under the terms of the U.S. Foreign Corrupt Practices Act for corrupt acts committed to the detriment of Costa Rican institutions.
In comparison with the rest of the region, corruption in Costa Rica's security forces is relatively low. That said, the uniformed police in particular continues to struggle with criminal elements in its own ranks. In 2009 over 40 police officers were arrested/fired for connections to narco-trafficking. The MPS has initiated a program of "zero tolerance" for police officer corruption and over 150 police officers have been dismissed or suspended for various corrupt activities since 2008. Costa Rican authorities appear committed to combating public corruption and the GOCR conscientiously investigates allegations of official corruption or abuse.
During the first six months of 2015, the Ministry of Public Security received 310 requests for review of discipline, suspended 11 officers, and dismissed 24 of a total of approximately 13,100 uniformed police officers. Most of the suspensions occurred due to investigations related to breach of duty, negligence in performing duties, and failing drug tests. During the first six months of the year, authorities arrested one uniformed police officer, and judicial authorities sentenced three other officers, for involvement in criminal activity.
On 29 October 2015, the Comptroller General’s Office denounced cases of mismanagement in the use of public funds for infrastructure projects. Separately, on May 12, the president dismissed his minister of culture and two vice-ministers after an international arts festival failed amid canceled events and presentations, following a series of failures in coordination and logistics. In July 2014 the Attorney General’s Office began an investigation of the ministry’s expenses over concerns regarding increased prices for contracts for previous festivals.
The public ethics solicitor, attorney general, comptroller general, and ombudsman are responsible for combating government corruption. The Public Ethics Solicitor’s Office is responsible for taking the necessary administrative steps to prevent, detect, and eradicate corruption and to raise ethical and transparency standards in the public service. The Attorney General’s Office includes an anticorruption unit responsible for the investigation and prosecution of cases involving public officials. The Judicial Inspection Tribunal is the organ of the judiciary responsible for investigating and sanctioning judicial misconduct.
Public officials are subject to financial disclosure laws that require senior officials to submit sworn declarations of income, assets, and liabilities. The law requires income and asset disclosure by appointed and elected officials. The Comptroller General’s Office monitors and verifies disclosures. The content of the declarations is not made available to the public. The law stipulates administrative sanctions for noncompliance and identifies which assets, liabilities, and interests public officials must declare. Officials are required to file a declaration annually and upon entering and leaving office.
The law provides for public access to government information, and the government generally implemented the law effectively, providing access for citizens and noncitizens, including foreign media. Authorities have 10 days to disclose or respond to a request for access. There are no processing fees or sanctions for noncompliance, although requesters can file a petition if their request is denied. Government institutions published reports that detailed their activities during the year. The Public Ethics Solicitor’s Office provided regular training to public employees on public access to information. The Ombudsman’s Office operated a webpage dedicated to enhancing transparency by improving citizens’ access to public information.
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