New Legislation Defines Human Trafficking in Costa Rica
Security Theme
Human Security
Keywords
Crime, committed, trafficking, cases
Description
In Costa Rica, human trafficking was already a crime but jail terms were limited. Also, the law did not include internal trafficking and limited the ability of the presiding judge to interpret the law. And crimes, such as organ trafficking and labour exploitation were not clearly sanctioned," explains Ana Hidalgo, IOM Regional Counter-Trafficking Coordinator.The new law is based on the Palermo Protocol which includes forced marriages, domestic servitude, illegal organ extraction, slavery, as well as internal trafficking. It also calls for harsher penalties when a government employee uses his or her position to commit the crime, when the crime is committed by two or more persons (making it organized crime), when the trafficker is a blood relative of the victim, and when the victim's health was impacted. IOM was instrumental in making sure that provisions were included to ensure the protection of victims during judicial procedures. This includes the right to receive information in a language spoken by the victim and to be protected by a migration mechanism that prevents their immediate deportation. This protection mechanism is very specific to victims of trafficking, because many victims are foreigners. So while the investigation is underway, while the risks to their person are being evaluated, and better alternatives for their future are found, the victims are protected under this special migration status," explains Luis Fernando Centeno, IOM's Legal Consultant. The latest reforms in the Criminal Code allow judges to hold a private trial in human trafficking cases, and to receive victims' statements using special techniques such as through video conference or recorded by the Gessell Camera which protects their identity. These new tools will help IOM and other organizations involved in combating human trafficking to provide better protection and assistance to victims of trafficking. Costa Rica is a country of origin, transit and destination for human trafficking. There is evidence of Costa Rican nationals being trafficked outside of the region and of foreigners, from as far away as Romania, being brought into the country as victims of trafficking. Internal trafficking has also been evidenced.
New Legislation Defines Human Trafficking in Costa Rica
In Costa Rica, human trafficking was already a crime but jail terms were limited. Also, the law did not include internal trafficking and limited the ability of the presiding judge to interpret the law. And crimes, such as organ trafficking and labour exploitation were not clearly sanctioned," explains Ana Hidalgo, IOM Regional Counter-Trafficking Coordinator.The new law is based on the Palermo Protocol which includes forced marriages, domestic servitude, illegal organ extraction, slavery, as well as internal trafficking. It also calls for harsher penalties when a government employee uses his or her position to commit the crime, when the crime is committed by two or more persons (making it organized crime), when the trafficker is a blood relative of the victim, and when the victim's health was impacted. IOM was instrumental in making sure that provisions were included to ensure the protection of victims during judicial procedures. This includes the right to receive information in a language spoken by the victim and to be protected by a migration mechanism that prevents their immediate deportation. This protection mechanism is very specific to victims of trafficking, because many victims are foreigners. So while the investigation is underway, while the risks to their person are being evaluated, and better alternatives for their future are found, the victims are protected under this special migration status," explains Luis Fernando Centeno, IOM's Legal Consultant. The latest reforms in the Criminal Code allow judges to hold a private trial in human trafficking cases, and to receive victims' statements using special techniques such as through video conference or recorded by the Gessell Camera which protects their identity. These new tools will help IOM and other organizations involved in combating human trafficking to provide better protection and assistance to victims of trafficking. Costa Rica is a country of origin, transit and destination for human trafficking. There is evidence of Costa Rican nationals being trafficked outside of the region and of foreigners, from as far away as Romania, being brought into the country as victims of trafficking. Internal trafficking has also been evidenced.