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Update from Costa Rica: court orders eviction of indigenous people and Public Prosecutor's Office archives case of murdered leader

Kono Ju

Impunity in Costa Rica: Public Prosecutor's Office archives case of murdered indigenous leader without finding perpetrator

On September 24, the Public Prosecutor notified the family of the murdered Sergio Rojas of the decision to close the case, which was adopted on September 23, stating that after analysing the investigation of the case, it has not been possible to identify those responsible for the murder on March 18, 2019, who were beneficiaries of the precautionary measures of the IACHR since 2015. The Bribri Indians of Salitre have received the news of the impunity with great discouragement, calling it a dark day for justice. Vanessa Jiménez said, "this is bad news for all human rights defenders in Costa Rica because there is no doubt that Sergio was a defender of his rights and those of his people and territory, and that is why I believe that all citizens of Costa Rica should be highly alarmed and concerned about this.”

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Costa Rica court orders eviction of indigenous peoples from their own land; Indigenous People call upon the Executive to apply the law and suspend the execution of the order

The Agrarian Tribunal by Vote 288, contradicting all the standards of fundamental rights in indigenous matters and directly violating the ancestral, constitutional and legal right to land, ordered the eviction of the Kono Jú farm in China Kichá. The communities, along with condemning the court's decision, have asked the executive branch to suspend the execution of the order scheduled for Tuesday, September 29, in fulfilment of its duty to protect and safeguard the human rights of its inhabitants.

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Court ignores own prohibition to suspend evictions during Covid and orders indigenous people be thrown out of their own titled ancestral lands

According to Costa Rica's internal regulations - in accordance with this Decree, when there are orders for the eviction of people from vulnerable situations such as children, families, the elderly, and in conflict zones, with precarious socio-economic conditions, and risks of natural hazards such as Covid without effective access to basic needs, the Ministry of Public Security or any member of the CAID (such as the Ministry of the Presidency), can declare the order for administrative or judicial eviction as socially vulnerable and refer the case to the CAID.  CAID is then obliged to examine the situation and within four months, draw up an Action Plan.

Finally, just as FPP has permanently denounced the situation of violence in indigenous territories, due to the illegal occupation of non-indigenous people, even in Kichá China, it has increased exponentially.  This eviction may trigger high social conflict in the area and at the time of its implementation - without the attention required by the normative application dictated by the CAID decree - causing irreparable damage to the indigenous families subject to the order.

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