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Costa Rica: Inclusion of stalking in the Law Against Violence to Women; how effective its implementation is, particularly in cases of former incest victims whose abuser has been released from jail; process for lodging a complaint

No mention of a "Law Against Violence to Women" currently in effect could be found among the sources consulted by the Research Directorate.

The information that follows was provided by staff at the legal department (departamento jurídico) of the National Institute of Women (Instituto Nacional de las Mujeres, INAMU) of Costa Rica during a 12 June 2002 telephone interview.

The "Ley de Penalización de la Violencia Contra las Mujeres" (Law Criminalizing Violence Against Women) is not currently in effect: it is a joint legislative initiative of the presidency and INAMU that is currently before the legislative assembly, and is expected to be approved in the near future.

This law defines various actions as potentially punishable crimes, including behaviour aimed at "establishing obsessive control over a person" ( establecer un control obsesivo sobre una persona). However, it would be the courts that would evaluate a specific case and define whether a particular set of actions falls under the definitions of the law and warrant penal action.

A copy of the Law Against Domestic Violence, in English, can be found attached to CRI28571.E of 14 January 1998. Section 2 of the law provides "definitions ... set out to facilitate interpretation of this law." This section does not contain a specific reference to stalking, but provides definitions that may or may not cover stalking; however, the Research Directorate cannot comment on how a court viewing a specific case may choose to interpret a particular pattern of behaviour. Sections 8 and 9 of the law indicate the process and requirements for requesting protection under this law.

Information on the application of this law, other current legislation related to it, and on domestic or gender violence in Costa Rica can be found in CRI38268.E of 6 December 2001, CRI36656.E of 23 February 2001, CRI32983.E of 19 November 1999, CRI32985.E of 18 November 1999 and earlier Responses. Additional recent information on this subject can be found in Section 5 of "Costa Rica" in Country Reports 2001, available at Regional Documentation Centres.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Instituto Nacional de las Mujeres (INAMU), San Jose. 12 June 2002. Telephone interview with legal department staff.

Topics: Violence against women, SGBV,