Peaceful demonstrations in Costa Rica do not warrant criminal charges.

Last Wednesday, a peaceful demonstration was held following health protocols in the Tamarindo Beach area, where protesters were fighting against the restrictions imposed on the beaches of our country and thus the ability to generate jobs in coastal areas.

The march was scheduled to begin at 11:00 am. At around 10:30 am, the Public Force informed national surfer Andrea Díaz that they had a health order against her for being one of the alleged leaders of the march and that if it took place they would have to proceed with her arrest.

It is important to clarify that the health order was never delivered to Díaz and that the peaceful march, with or without the local Tamarindo march, would take place regardless.

We spoke with Walter Brenes, the defense attorney for the experienced surfer, and he gave us a reconstruction of the events with the final decision of the judicial authority.

“At the end of the demonstration, which lasted about 15 minutes, the police circled Andrea and proceeded with her arrest without any resistance from her. The Santa Cruz police chief informed those present that they had come specifically for the surfer on the orders of the prosecutor's office. Around 1:30 p.m., I managed to contact the Santa Cruz prosecutor's office and informed the prosecutor that the arrest had no legal basis and that, in my opinion, what was happening was a serious mistake. The prosecutor informed me that, for the time being, they would not take any precautionary measures against Andrea and that she would be released on the condition that she appear at the Santa Cruz Courts of Justice on Thursday at 1:30 p.m. for a hearing. I went with Andrea Díaz and spoke briefly before the hearing with the prosecutor handling the case, mentioning that it would be best to drop the case, as it had been a serious error in the prosecution's case and that the police had acted in a legally sound manner. The prosecutor's office agreed.” "They accused Andrea, and I explained to the judge at the flagrancy hearing that there was no crime committed here for a very simple reason: the health order issued against the accused was based on health measures created by the Ministry of Health for commercial establishments with operating permits, which in my opinion is a very serious error on the part of the Public Force. For this reason, the judge accepted my argument and told Andrea that she was to be completely free and without charges. Since there was no crime, the case was sent to the ordinary courts so that the prosecution could request the definitive dismissal of the case."

Brenes also mentions that, given what happened, we will request an in-depth investigation by the disciplinary department of the Public Force to investigate the Santa Cruz police chief and pursue the matter to its fullest extent, including Andrea's arrest.

"It was impressive to sit in that room and have the judge read my rights, and to know that I, sitting in that room, do have rights, when yesterday, knowing that we live in a democratic country with freedom of expression, I had every right to participate in a peaceful march, and it alarms me as a Costa Rican that we are being violated in this way. The police must understand that they are there to defend the people," added the experienced surfer.

The accused party does not rule out the possibility of filing a criminal case against the head of the Public Force of Santa Cruz, since in the opinion of the defense lawyer, Walter Brenes, there was a deprivation of liberty without profit in its aggravated form by abuse of authority that is clearly established by the penal code in article 191 and 192, so that eventually the Santa Cruz prosecutor's office will make the decision to criminally prosecute the police chief.

Writing and media: Enrique Hernández

General Management: Marco Montero