A total of 37 deputies of the Costa Rican Legislative Assembly approved in the second debate Bill 24,857, which ratifies a bilateral treaty between Costa Rica and El Salvador for the enforcement of criminal sentences abroad.
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The initiative establishes the legal framework that will allow people deprived of liberty of both nationalities to serve the rest of their sentence in their country of origin, provided that a series of previously defined requirements are met.
The main objective of the treaty is to facilitate the social reintegration processes of convicted persons, by allowing them to finish their sentence in a closer cultural, social and family environment.
In addition, the agreement seeks to strengthen regional cooperation in security and criminal justice, in a context in which both countries face important challenges related to the penitentiary system and prison overcrowding.
As approved, the transfer will only be possible for people with a final sentence and with the express consent of the convicted person. Likewise, it is established as a requirement that at the time of transfer there remain at least six months of the sentence to be served.
The treaty excludes those who have been convicted of political, military or crimes against State security, limiting its application to common crimes.
The agreement was ratified by El Salvador in October 2023, while in Costa Rica it was approved by the Legislative Plenary in February 2026, after completing its ordinary legislative process.
Who voted for project 24,857?
Although 15 deputies were absent during the vote, the project managed to gather the 37 votes necessary for its final approval. The support came from six of the seven benches represented in the Legislative Assembly, evidencing broad political support, with the only exception of the Frente Amplio.
In the case of the National Liberation Party (PLN), 14 deputies voted in favor, one voted against and three were absent. The Social Democratic Progress Party (PPSD) contributed eight affirmative votes, with one legislator absent. For its part, the Christian Social Unity Party (PUSC) registered six votes in favor and two absences.
The New Republic bench supported the project with three affirmative votes, while three other deputies were absent. In contrast, the Frente Amplio spoke out against the initiative, with three negative votes and three absences. Finally, the Progressive Liberal Party recorded one vote in favor and one absence.
As for the independent deputies, five voted in favor of the treaty, one against and two were absent. The distribution of votes reflected a majority consensus regarding international cooperation in penitentiary matters, although it also revealed ideological differences regarding the scope and implications of the agreement.
In Costa Rica, the entity responsible for ensuring compliance with the treaty will be the Directorate of Social Adaptation of the Ministry of Justice and Peace. This institution will be in charge of coordinating transfers, verifying legal requirements and monitoring convicted persons who are repatriated or sent abroad.
In the case of El Salvador, responsibility will fall to the Ministry of Justice and Public Security, specifically the General Directorate of Penal Centers. For the transfer of a convicted person to be carried out, the consent of both States will be essential, as well as strict compliance with the administrative and security procedures established in the treaty.
One of the key commitments within the mechanism for the transfer of persons deprived of liberty is the timely and transparent exchange of information between the authorities of both countries. The procedure may be requested by both the States and the prisoners themselves, their family members or legal representatives, although the final decision will always remain in the hands of the competent authorities.
The agreement also establishes that the countries will jointly define the security mechanisms that will be used during transfers.
Furthermore, it is guaranteed that those convicted cannot be tried again for the same crime and that the terms and conditions of the original sentence must be respected. In cases where the inmate suffers from a chronic or degenerative disease, the authorities must expedite the analysis and resolution of transfer requests.
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