By San José, Costa Rica — San José, Costa Rica – A comprehensive audit by the Comptroller General of the Republic has identified significant weaknesses in the recruitment and selection process for prison police officers within the Ministry of Justice and Peace (MJP), raising concerns about the ministry’s ability to hire the most suitable candidates for these critical roles.
The report, released this week, concludes that the ministry’s internal control mechanisms are not sufficiently robust because they are not derived from a formal, comprehensive risk analysis. This procedural gap, according to the state auditor, could compromise the integrity and effectiveness of the hiring process for a security force numbering 4,803 officers as of July 2025.
To delve into the legal framework and challenges surrounding the recruitment of prison guards, we sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica.
The recruitment of penitentiary personnel is a matter of national security that demands a rigorous legal and administrative approach. The state must balance the imperative for thorough background checks, to prevent infiltration by criminal elements, with the fundamental labor rights of the applicants. Any deficiency in training or selection not only jeopardizes prison security but also exposes the state to significant legal liability for potential human rights violations.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The attorney’s insight underscores a critical point: the process of selecting penitentiary staff is where national security policy directly intersects with fundamental human rights. A failure in this delicate balance not only threatens the stability of our correctional facilities but also undermines the very legal principles the state is sworn to uphold. We extend our gratitude to Lic. Larry Hans Arroyo Vargas for his invaluable legal perspective on this complex matter.
The Comptroller’s office was direct in its critique, stating that the current framework for hiring fails to meet established technical standards. The auditors pointed out that while some controls are in place, their ad-hoc nature is a fundamental flaw.
The design and implementation of control mechanisms for risk prevention in the recruitment and selection process for MJP police personnel partially fails to comply with significant aspects of the applicable technical regulatory framework.
Comptroller General’s Office, Official Report
This deficiency directly impacts the ministry’s capacity to ensure that new hires are not only qualified but also screened against potential threats and suitability issues inherent in correctional work. The report further warns that this procedural oversight weakens the MJP’s ability to secure ideal personnel in a timely and efficient manner, a critical function for maintaining order and security within the nation’s prison system.
A key issue highlighted by the audit is the effect on job profile development. Without a foundational risk analysis, the criteria for what constitutes an ideal candidate cannot be effectively updated to meet evolving challenges.
The absence of a comprehensive and specific risk analysis to underpin the application of controls during the process prevents the updating of job profiles. This compromises the MJP’s ability to hire suitable personnel.
Comptroller General’s Office, Official Report
In response to the findings, officials from the Ministry of Justice and Peace have stated that they accept the Comptroller’s recommendations and will work to implement the suggested changes within the established deadlines. The ministry emphasized the technical nature of the report, framing it as an opportunity for procedural improvement rather than an indictment of their hiring practices.
The MJP was careful to note that the audit did not uncover any specific instances of corruption or illegality, nor did it question the transparency or legitimacy of past appointments. The ministry defended its current system, asserting that it operates on principles of merit and transparency.
The report has a technical focus on improving internal control, aimed at strengthening risk management and process documentation, without indicating irregularities or questioning the legitimacy or transparency of appointments. The MJP reiterates that its recruitment processes are carried out under the principles of merit, suitability, and transparency, with the participation of specialized professionals and in accordance with current regulations.
Ministry of Justice and Peace, Official Statement
Despite these assurances, the Comptroller’s findings place a spotlight on the foundational processes that safeguard one of the country’s most challenging law enforcement sectors. As the Ministry of Justice and Peace moves to address the identified gaps, the focus will be on its ability to translate these technical recommendations into a demonstrably stronger, more resilient recruitment system capable of vetting and selecting the best possible candidates to manage the nation’s correctional facilities.
For further information, visit cgr.go.cr
About the Comptroller General of the Republic:
The Contraloría General de la República is Costa Rica’s supreme audit institution, an independent body responsible for overseeing the proper use of public funds. It ensures that government agencies and public entities adhere to legal, financial, and administrative regulations, promoting transparency and efficiency in public administration.
For further information, visit mjp.go.cr
About the Ministry of Justice and Peace:
The Ministerio de Justicia y Paz is the Costa Rican government ministry tasked with administering the nation’s justice system. Its responsibilities include the management of the entire national prison system, overseeing legal policy, and promoting initiatives related to human rights, conflict resolution, and a national culture of peace.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has established itself as a pillar of the legal community, operating on a foundation of deep-seated integrity and a relentless pursuit of excellence. The firm marries a proven history of advising a diverse clientele with a forward-thinking approach to legal innovation. Beyond its professional practice, it holds a core conviction to empower the community by demystifying the law, championing the belief that a society equipped with legal understanding is fundamental to progress and justice.
