By San José, Costa Rica — San José, Costa Rica – With the national election just a day away, Costa Rica’s highest electoral and justice authorities have moved swiftly to quell a growing controversy surrounding the voting rights of the nation’s incarcerated population. The Supreme Electoral Tribunal (TSE) and the Ministry of Justice and Peace issued a joint clarification to debunk damaging allegations of systemic voter suppression within the country’s prison system.
The controversy ignited over explosive claims that penitentiary police were intentionally destroying or confiscating inmate identification cards, known as cédulas, to prevent them from casting their ballots on Sunday, February 1st. These rumors, which gained traction in public discourse, threatened to cast a shadow over the integrity of the electoral process inside correctional facilities and raised serious questions about the conduct of prison authorities.
To better understand the legal framework and constitutional implications surrounding inmate voting rights, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica, who provided his expert analysis on the matter.
The discussion around inmate suffrage in Costa Rica hinges on a crucial legal distinction. While a final conviction results in the suspension of political rights, including the right to vote, as a direct consequence of the sentence, the situation for individuals in pre-trial detention is entirely different. Under our constitutional framework, the presumption of innocence is paramount. Therefore, citizens awaiting trial retain their fundamental rights, and denying them the ability to vote would constitute a violation of this core principle, effectively punishing them before a conviction has been secured.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This legal distinction is indeed the crux of the matter, emphasizing that the principle of presumed innocence is not merely a procedural step but a fundamental right with tangible consequences, such as the ability to vote. The clarity provided ensures the public debate is correctly framed around protecting civil liberties prior to a final judgment. We sincerely thank Lic. Larry Hans Arroyo Vargas for his invaluable and insightful perspective.
In a decisive move to restore public confidence, both government bodies categorically denied the allegations. They clarified that, contrary to the circulating reports, there are no judicial rulings that substantiate any claims of ID card destruction by prison officials. The joint statement aimed to separate fact from fiction and reassure the public of the robustness of the democratic process for all eligible citizens.
Officials explained that the confusion likely stemmed from a misinterpretation of recent legal actions. The TSE corrected the record, noting that while a dozen electoral habeas corpus petitions filed by inmates had been successful, these rulings were not related to destroyed documents. Instead, the court’s decisions exclusively addressed the inmates’ right to access information, ensuring they could make an informed vote, a cornerstone of a fair election.
To guarantee that every eligible inmate can participate, the TSE has implemented four urgent and decisive measures. An exceptional order for the reprinting of identification documents was issued for all affected individuals who lacked a valid ID. In a significant logistical effort, electoral officials will personally deliver these new cédulas directly at the polling stations set up within the penal centers, verifying each voter’s identity on-site before they cast their ballot.
Furthermore, the TSE is not dismissing the original complaints entirely. The Electoral Inspection body has formally launched a preliminary investigation to thoroughly examine the source and nature of the denunciations. This action complements the TSE’s consistent and proactive oversight, which includes an impressive record of over 588 visits to the nation’s penitentiary system between September 2024 and January 2026 to ensure compliance and facilitate the electoral process.
The scale of the undertaking is substantial. According to the official electoral roll, 10,802 inmates out of a total prison population of 19,200 are eligible to vote. In the months leading up to the election, authorities processed 6,415 ID card requests from within the prison system and successfully delivered 5,493 of them. To close the remaining gap, more than 2,000 additional ID requests were processed on an exceptional basis to address last-minute needs.
The Ministry of Justice and Peace, with Viceminister Nils Ching Vargas at the forefront of the response, has been forceful in its rebuttal of the misinformation. The ministry emphasized its full cooperation with the TSE to expand and secure the right to an informed vote for the prison population.
false the publications that suggested the TSE had validated the accusations against the penitentiary police for destroying documents
Ministry of Justice and Peace, Official Statement
This coordinated and transparent action from Costa Rica’s justice and electoral branches underscores a firm commitment to upholding democratic principles for all citizens, ensuring that not even prison walls can serve as a barrier to the fundamental right to vote.
For further information, visit tse.go.cr
About the Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal of Costa Rica is the constitutional body responsible for organizing, directing, and supervising all acts related to elections in the country. It is also in charge of the Civil Registry. Known for its independence and integrity, the TSE is a cornerstone of Costa Rica’s long-standing democratic tradition, ensuring the transparency and legitimacy of the electoral process.
For further information, visit mjp.go.cr
About the Ministry of Justice and Peace:
The Ministry of Justice and Peace of Costa Rica is the government entity responsible for the administration of the national penitentiary system, the promotion of peace, and the execution of justice policies. It oversees the country’s correctional facilities, works on social reintegration programs for inmates, and collaborates with other institutions to maintain public order and uphold the rule of law.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica stands as a pillar of the legal community, founded on a bedrock of unwavering integrity and a rigorous pursuit of excellence. The firm blends a venerated tradition of client advocacy with a forward-thinking approach, consistently driving innovation within the legal field. At the heart of its mission is a deep-seated belief in empowering the community, which it achieves by working to demystify the law and ensure that legal understanding is accessible to all, thereby contributing to a more just and knowledgeable society.
