While many locals have been concerned by an increase in break-ins in the past year, dramatic and swift action by Costa Rica’s top police official, Comisario Erick Lacayo, means that a beach-based squad of nine Tourist Police is already setting up and will be ready for the next high season here.
Lacayo flew into Nosara Sept. 28 in response to a request by locals for a detachment of the new Tourist Police. Within days he replaced all 12 members of the Fuerza Publica stationed in Nosara and brought in a new police chief as well. The additional Tourist Police were created last year and also report to Comisario Lacayo, and have the same authority as the regular police or Fuerza Publica.
Lacayo flew to Nosara again Oct. 6 for a follow-up meeting, and brought in the top prosecutor and investigator from Nicoya to address concerns about how cases are handled there.
Having taken these steps to stem crime, he said it is now up to Nosara residents to demonstrate their support of police efforts, including contributions of materials and funds to ensure the police are adequately housed and equipped.
Local businessmen and homeowners have already pledged $12,000 toward providing facilities, and they are considering quarters next to the Century 21 office where Kearmy private security was located before moving to the entrance to Club Guiones. The location, across from Casa Tucan, is near the main entrance to Playa Guiones, although they will be responsible for patrolling Playa Pelada as well.
In an impressive show of commitment, Lacayo brought in the chief prosecutor or Fiscal of Nicoya, Silvia Cubillo, as well as Nicoya’s head of OIJ, the Judicial Investigating Organization, Alex Mora, to hear about and respond to local concerns about inadequate investigations and prosecution of criminals when they are arrested.
Costa Rica has a liberal judicial system that favors releasing suspects, although the officials said they can hold suspects in jail if there is a reason to believe they might threaten victims.
The new Nosara police chief, Jason Vargas, was introduced by Lacayo, who in turn introduced some of his officers before an applauding crowd of about 100 Ticos and foreign residents, including the top police officers of Nicoya and Guanacaste.
Lacayo emphasized that the people of Nosara have much to do to follow-up and support the police effort. The disrepair of the local police station is at the top of the list, along with the donation of land for a larger station to meet the longer terms needs of this rapidly growing community, he said.
Because the police budget is limited, contributions from the community of materials and money are needed, and must be controlled through a designated organization that will oversee the use of funds and hold the police force accountable, he outlined during the three hour meeting.
According to Agnes Pinheiro, who hosted the meeting at the FUCAN building, meetings are planned in November to create the security association and elect officers. A major fundraising effort will go toward repairs of the existing station and an estimated $15,000 annual budget to provide a station and equipment for the new Tourist Police.
The current station, in the town square of Nosara, may be forced to shut down by November under an order by the Department of Health, if repairs are not underway.
An issue raised at both meetings was the difficult process of filing police reports and obtaining prompt investigations by the OIJ, because the Fuerza Publica are restricted in the amount of investigation they can do, and the OIJ, with 16 investigators for the entire Canton, must come from Nicoya to investigate.
Because tourists will not usually take the time to go to Nicoya to file a police report, Lacayo said that it will now be permitted for hotel owners, property managers, or other residents to file a report on behalf of their guests as long as an original report is signed by the victim at the Nosara delegation
But while the Nosara police can take a report on a crime, someone must still make the hour-long drive to Nicoya to file a report, or denuncia with the police there, for the OIJ to follow up with an official investigation. The OIJ must come to check on any crime whenever they are called, but a report still must be signed in Nicoya. The timeliness of the investigation will also depend on the availability of the 16 agents, few for a large geographical area.
Only nine denuncias were filed for Nosara from January to May, 2009, Lacayo said at the first meeting, although many more were filed in the Nosara office that never became part of the official statistics.
The Fiscal, or prosecutor’s office in Nicoya was the subject of much criticism for failing to detain criminal suspects who have been brought in. Cubillo described the legal process that is involved, and said that suspects could be held if victims state that they are threatened, or if they don’t have an established address in the community and may flee. Lacayo said a follow-up meeting with a smaller group could be set up to review the steps necessary to arrest, detain and prosecute suspects. While the law may seem to favor criminals over victims, he said changing the law is a longer process at the national level.
According to Mora, Costa Rica is the only country where investigators are not allowed to interrogate suspects on the whereabouts of stolen goods. Only if the suspect volunteers the information can they act on it. Proof and witnesses are the only real ways to get a suspect arrested and convicted.
Comisario Lacayo summarized, “we need money, time, service and structure. But we are doing as much as we can possible do. Think of the Nosara you want to see in the future years.”
In addition to a large delegation of police, the meeting was attended by Commandante Jose Cruz, sub-director of the Fuerza Publica in Guanacaste, Xenia Chavez, Chief of the Tourist Police, Capitan Mauricio Castillo, chief of the Fuerza Publica in Nicoya, and Agente Yinni Guerrero, Commission de Distritalizacion, a community liaison.