Costa Rica: Attack against Nicaraguan activist; impunity for killing of Indigenous leader

Association

Nicaraguan activist Joao Maldonado attacked for the second time

On 10th January 2024, unidentified individuals on a motorbike fired seven shots at Nicaraguan activist Joao Ismael Maldonado Bermúdez as he was driving in San José, Costa Rica. His partner, Nadia Robleto, was also injured. They were transported to a medical facility in critical condition. According to media reports, the hospital later released a statement indicating that Maldonado’s condition had stabilised and the incident is now under investigation.

This is the second attempt on Maldonado’s life in Costa Rican territory. As previously reported by the CIVICUS Monitor, in September 2021, Maldonado was shot in Escazú, on the outskirts of the capital city. The attack took place a day before a scheduled protest against the government of President Daniel Ortega of Nicaragua led by the organisation Unity of Nicaraguan Exiles (Unidad de Exiliados Nicaragüenses).

Maldonado has lived in Costa Rica since 2018, following the violent crackdown on HRDs and the human rights crisis in Nicaragua that began in April of that year. As of October 2023, at least 150,000 Nicaraguans had sought refuge in neighbouring Costa Rica. In 2022, Costa Rica became the world’s third-largest recipient of new individual asylum claims, with over 100,000 registered by Nicaraguan nationals. According to the International Monetary Fund (IMF), Nicaraguan migrants and refugees account for 82% of Costa Rica's foreign-born population.

The “Colectivo Nicaragua Nunca Más”, a Nicaraguan human rights organisation located in San José, called on the Costa Rican authorities to investigate this attack promptly and effectively.

Similarly, the UNHCR Costa Rica and the United Nations System expressed their concern regarding the violence against Nicaraguan refugees in Costa Rica. They urged the authorities to continue protecting and providing security for all those forced to flee their country.

Costa Rican court declared a definitive dismissal on Sergio Rojas’ case

On 8th January 2024, the Criminal Court of the 1st Judicial Circuit of the Southern Zone in Buenos Aires—Puntarenas province—delivered a final dismissal in favour of the two individuals accused of the homicide of the Indigenous leader, Sergio Rojas. The Court stated that the evidence obtained during the investigation did not meet the requisite probability threshold for trial proceedings. Consequently, the evidence was deemed insufficient to pursue charges against the accused.

This decision was adopted after a closed-door hearing on 7th December 2023, during which the Deputy Prosecutor’s Office for Drug Trafficking and Organised Crime requested the permanent dismissal of the case.

As reported by the CIVICUS Monitor at the time, in March 2019, Bribri Indigenous leader Sergio Rojas Ortiz was shot and killed in his home in the Salitre Indigenous Territory. For over five years, family and community members of the Bribri leader have engaged in a protracted legal battle with the authorities, seeking accountability from those implicated in the crime. In September 2020, Costa Rica’s Public Prosecutor dismissed and archived the case. Subsequently, civil society has urged a swift investigation into the matter, citing concerns over systemic impunity. Furthermore, in January 2021, a criminal court denied this plea and mandated the continuation of the investigation.

On 19th January, the UN in Costa Rica called on Costa Rica’s state to continue their investigation and avoid impunity for this crime. “The United Nations has expressed concern regarding the lack of thorough and culturally sensitive investigations by the Public Ministry, which would provide sufficient and robust evidence to initiate legal proceedings against those responsible for this murder. In light of this, UN Costa Rica deemed it both relevant and urgent for the necessary legal mechanisms to be activated promptly to ensure investigation resumption and prevent impunity. Additionally, it called upon the Judicial Branch to intensify efforts and allocate resources to ensure that investigations into other cases involving attacks on indigenous leaders are conducted appropriately.”

Peaceful Assembly

One activist arbitrarily detained during a pro-Palestine solidarity protest

On 16th January, dozens of people peacefully demonstrated at the US Embassy in San José, demanding a ceasefire in Gaza. According to media reports, the police arbitrarily detained a woman activist and University of Costa Rica student for allegedly causing damage to the front portion of the US Embassy.