Constitutional Court Orders Disclosure of Registration Details for Vessels Seized in Drug Operations
A recent ruling requires Costa Rica's Ministry of Public Security to provide information regarding boats detained for narcotrafficking and illegal fishing activities.
On March 11, the Constitutional Court of Costa Rica mandated the Ministry of Public Security (MSP) to disclose the registration details of vessels seized over the past decade due to narcotrafficking, illegal fishing, and violations of fishing bans.
The court's ruling followed a successful amparo (constitutional protection) claim made by a media outlet, which sought access to information on detained ships, including their licenses and the reasons for their confiscation.
The request, submitted on September 17, 2024, was partially addressed by the Ministry's press department.
However, the MSP declined to provide the registration numbers of the boats, citing Article 295 of the Criminal Procedural Code, which restricts access to information that is part of ongoing criminal investigations solely to the parties involved.
In delivering its unanimous decision, the Constitutional Court judges referenced Article 30 of the Political Constitution, asserting that denying access to public information is both illegitimate and contrary to fundamental rights.
This article guarantees every person's right to access public offices for information regarding public interest matters, as long as it does not concern state secrets.
The court emphasized that the community's interest in understanding the actions of public officials and their performance plays a critical role in promoting civic oversight of public fund management.
The judges noted that the requested information is public since it is available in the National Vessel Registry.
The Ministry of Public Security maintained that disclosing registration numbers could potentially hinder ongoing administrative and judicial investigations, justifying its initial refusal based on the same legal article.
Nevertheless, the court ruled that while boat owners might be subject to criminal processes, the Ministry could not ascertain who was involved in criminal activity, thereby invalidating the broad restriction on access to the requested information.
The court has ordered the Ministry to provide the requested data within ten business days.
This ruling aligns with ongoing discussions regarding accountability and transparency within government-funded programs.
Recently, a media investigation uncovered that individuals allegedly linked to narcotrafficking had benefited from substantial state fuel subsidies.
Since 1994, Costa Rica has exempted fishermen from paying taxes on diesel and regular gasoline.
This subsidy, designed to support the national fishing fleet, costs the state approximately 7.67 billion colones annually.
Allegations have emerged that some vessels facing narcotrafficking charges have accessed these state benefits.
For instance, a November 2024 report revealed that Gilbert Bell Fernández, known as Macho Coca and considered one of Costa Rica's most notorious drug traffickers, received state subsidies amounting to 521 million colones for diesel purchases over the past nine years.
He is currently under preventive detention in connection with a multimillion-dollar fuel theft case.
Additionally, the report detailed how two fishing entrepreneurs detained in a narcotrafficking and money laundering investigation received 1.185 billion colones in state subsidies for fuel over the last nine years.
In December, the General Comptroller of the Republic identified weaknesses in the oversight of these subsidies, warning that fuel granted to the national fishing fleet may be misused for illicit activities.
The court's ruling followed a successful amparo (constitutional protection) claim made by a media outlet, which sought access to information on detained ships, including their licenses and the reasons for their confiscation.
The request, submitted on September 17, 2024, was partially addressed by the Ministry's press department.
However, the MSP declined to provide the registration numbers of the boats, citing Article 295 of the Criminal Procedural Code, which restricts access to information that is part of ongoing criminal investigations solely to the parties involved.
In delivering its unanimous decision, the Constitutional Court judges referenced Article 30 of the Political Constitution, asserting that denying access to public information is both illegitimate and contrary to fundamental rights.
This article guarantees every person's right to access public offices for information regarding public interest matters, as long as it does not concern state secrets.
The court emphasized that the community's interest in understanding the actions of public officials and their performance plays a critical role in promoting civic oversight of public fund management.
The judges noted that the requested information is public since it is available in the National Vessel Registry.
The Ministry of Public Security maintained that disclosing registration numbers could potentially hinder ongoing administrative and judicial investigations, justifying its initial refusal based on the same legal article.
Nevertheless, the court ruled that while boat owners might be subject to criminal processes, the Ministry could not ascertain who was involved in criminal activity, thereby invalidating the broad restriction on access to the requested information.
The court has ordered the Ministry to provide the requested data within ten business days.
This ruling aligns with ongoing discussions regarding accountability and transparency within government-funded programs.
Recently, a media investigation uncovered that individuals allegedly linked to narcotrafficking had benefited from substantial state fuel subsidies.
Since 1994, Costa Rica has exempted fishermen from paying taxes on diesel and regular gasoline.
This subsidy, designed to support the national fishing fleet, costs the state approximately 7.67 billion colones annually.
Allegations have emerged that some vessels facing narcotrafficking charges have accessed these state benefits.
For instance, a November 2024 report revealed that Gilbert Bell Fernández, known as Macho Coca and considered one of Costa Rica's most notorious drug traffickers, received state subsidies amounting to 521 million colones for diesel purchases over the past nine years.
He is currently under preventive detention in connection with a multimillion-dollar fuel theft case.
Additionally, the report detailed how two fishing entrepreneurs detained in a narcotrafficking and money laundering investigation received 1.185 billion colones in state subsidies for fuel over the last nine years.
In December, the General Comptroller of the Republic identified weaknesses in the oversight of these subsidies, warning that fuel granted to the national fishing fleet may be misused for illicit activities.
