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COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

Organic Farms in Costa Rica Produce Mainly for Foreign Markets

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ORGANICALLY grown foods are no longer the fruits of the labors of idealists, hippies with gardens or impoverished farmers who cannot afford to chemically invigorate their fields.

Reports in Costa Rica of pesticide poisonings linked to cancers, sterility and death (TT, Feb. 6), are prompting farmers and consumers toward organic alternatives.

A drive through coffee plantations in Frailes, an hour south of San José, is a case study in the difference between chemical-free and conventionally grown crops.

The hills bristle with coffee bushes, some grown in the shade of poró trees, others in the sun, but intermittently between vaguely defined plots of land there are oases of towering bushes.

Their leaves are much darker than those of neighboring plants, which look frail and isolated in comparison, and their growth, in straight lines, is as dense as a maze of shrubbery.

THESE are the plantations of one of Costa Rica’s first organic coffee farmers, Emilio Marín.

Marín’s coffee flaunts the conventional wisdom that organic farms produce less than others. While his neighbors cultivate their fields under pesticide sprays, poison weeds among their coffee bushes with herbicides and scatter chemical fertilizer pellets to nourish their battered soil, he spends money only on manure to fertilize his fields.

Birds, attracted by the fruit trees he planted among the bushes, eat the insects that can ruin harvests, and in the rich soil and protective shade of poró trees, the plants are strong enough to ward off disease on their own, he said.

“PEOPLE around here don’t understand,” he said. “They don’t want to understand – it’s easier to spray chemicals, but it’s more expensive.”

Twenty-five years ago he stopped using chemicals on his crops. He said they turned the plantation that his father had given him into a rocky waste of struggling bushes.

Converting his plantations from conventional to organic was an arduous process of three years and long hours with a machete cutting the weeds that herbicides used to kill.

Now, he said, he spends less money each year than his neighbors, produces more and, thanks to new markets for organic coffee, earns about 50% more money.

ORGANIC plantations are not uncommon in Costa Rica, though the overwhelming majority of crops are grown conventionally.

The government has implemented some plans to promote organic farming education and encourage farmers to reduce the use of pesticides.

The National Program of Organic Agriculture (PNAO) promotes the development of organic agriculture in Costa Rica through measures such as the instruction of farmers in organic farming techniques, consumer education, the creation of new laws that help organic farmers with tax incentives and credits, and the coordination of organizations involved in organic production – from government offices to universities and non-governmental organizations.

According to PNAO, the latest statistic on the amount of land in Costa Rica under organic cultivation is from 1998, and was 9,000 hectares.

In 2000, more than 3,500 organic producers were registered with certification agencies, and in 2003 that number increased 13% to nearly 4,000.

SOME of the most commonly exported organic crops are bananas, cocoa, coffee, blackberries and orange juice.

Because there is a growing international market for organic products, farmers can sell their crops for more than what conventional crops can fetch.

Organic coffee, for example, sells for 30-100% more than conventional beans.

Felicia Echeverría, manager of the PNAO program, said “to produce environmentally friendly food isn’t just a fad, it’s a necessity and it’s shaped in national politics. We need consumers to join us, for people to notice what they are eating and for them to know that if they choose organic lettuce (for example) it’s not just any lettuce, but a vegetable that did not harm the environment and will not affect their health.”

TEN women in San Miguel de Chires de Puriscal, southwest of San José, run an association for organic cashew farming with financial aid from the Ministry of Agriculture and Livestock.

They dry the nuts in the sun and package and label them for sale in markets throughout the country. To increase profits, they diversified their business to include other kinds of nuts, raisins and wine using the raw grapes and nuts from farms in their community and others nearby.

Their effort has created jobs in that economically depressed region, where the average monthly income for a family is ¢25,000 ($59) according to the Foundation for the Encouragement and Promotion of the Research and Transfer of Agricultural Technology of Costa Rica.

Families involved in their association earn an average of ¢40,000 ($95).

The women, who do not have telephones, were unavailable for comment, but Orlando Jiménez, regional director of the Ministry of Agriculture, said the project “promotes sustainable systems of production that reduce the application of agrochemicals.

It seeks to increase the value of the cashew to those involved by putting its preparation for the market in their hands.”

WHAT effect has the rise of organic farming practices had on Costa Rica’s overall use of agro-chemicals? Rodrigo Mora, director of the Chamber of Agricultural and Livestock Materials, says not much at all.

“In general terms, the amount of money spent on chemical imports has decreased lately,” he said. “We could say by about 10% between 2001 and 2002. But the organic market doesn’t even have 1% of the national market.”

He attributes the decline to poor sales and a decrease in production.

Coffee sales have decreased, for example, so less money is spent on the chemicals used to grow coffee, he explained.

ORGANIC fruits and vegetables are not readily available to consumers in Costa Rica. The newly opened AutoMercado in Santa Ana, west of San José, offers locally grown organic vegetables and a few fruits. Más x Menos supermarkets have a paltry selection – its branch in downtown San José near the Plaza de la Democracia offers only organic carrots, for example.

Organic produce is available at some weekend farmers’ markets, including those in Pérez Zeledón, Moravia and Turrialba, and through Comercio Alternativo (see separate story).

Despite food-labeling laws in the United States that do not allow organic foods to bear statements about their effects on health, the health benefits of organic foods have been documented.

The United Kingdom-based Soil Association, for example, reviewed more than 400 research papers and determined there is substantial scientific evidence to support the claim that organic food is safer and healthier for the body than food grown with chemicals.

Where to Buy Organic, Transitional Products

BIOLAND: Prepared organic foods (snacks, soy products, etc.) personal-care products with organic ingredients (see separate story). Info: 279-1111, bioland@bioland.org

Alfaro Ruiz Association of Organic Vegetables: Organic produce orders by phone. Juan Paniagua (463-2960) or Henry Guerrero (463-3057).

Finca La Esperanza, Platanares de Coronado, offers cheese, sour cream, pork, worms and organic fertilizer. Info: Anselmo and Patricia Rodrí-guez, 292-2158, 229- 1310.

Finca Los Nacientes, 500 meters south of the Berlín School of San Ramón, Alajuela, coffee, tomatoes, chiles, jams and sauces. Info: Efraín Sánchez, 453- 4655.

Finca La Armonía (Toledo de Acosta): Medicinal plants, oranges, limes, lemons, mandarins, Saturdays. Info: Francisco Sibaja 226-8791.

Comercio Alternativo S.A., in San Rafael de Guachipelín, Escazú: offers delivery of organic produce and products, (see separate story) orders by Internet (www.comercioalternativo. com) Info:

Noel Payne, 253-5507, 393-5314.

Hiedras Orgánicas S.A.: Organic products importer from the United States, also sells products from certified local producers. Info: Laurel Anderson, 383-0407.

Pérez Zeledón, at the market around the corner from the Red Cross post. Thursdays 11 a.m.- 8 p.m. Info: 737-0043, 771-4737, 741-1460.

Tico Orgánicos S.A., diagonal from the western side of the regional campus of the University of Costa Rica, behind El TremedalChurch in San Ramón. Fridays 1 p.m.-8 p.m., Saturdays 6 a.m.- noon, Info: 445-7585.

San Isidro de Coronado, at the market under the roof of the Centro Agrícola Cantonal, 75 meters west of the bus station. Sundays 6 a.m.- noon, Info: 292-1516.

Turrialba, beside the Catholic Church. Saturdays 6 a.m. to noon, tel: 556-6438, 556-5293

Guápiles, at the farmers’ market Saturdays 5:30 a.m.- noon, Info: 824-0446, 710-3153, 710-2749, 226-8791.

Zarcero, the Santa Lucía shop, on the highway in front of the Tajo El Espino. Monday through Sunday 8 a.m.- 5 p.m. Info: 463-3648.

Bioproductos Oro Verde, in El Trueque fair ground, Barrio El Carmen de Paso Ancho, San José. Monday through Saturday 7:30 a.m.-noon, Info: 226-8791, 227-5332. www.cedeco.or.cr.

Vegetable stand, downtown Cartago, 50 meters north of the Pharos restaurant on the highway to Paraíso, plans to reopen in April. Info: 591-6538.

Finca San Luis, in San Luis de Grecia, 1.5 km northwest of the school. First Sunday of each month: 10 a.m.- 4 p.m. Info: 494-4523.

Centro Cultural Ecológico Gaia, in front of Playa Chiquita Lodge, 5 km south of Puerto Viejo, Limón. Saturdays 10 a.m.- noon, Info: 750-0385.

Organic foods catering service: ALISERSA Catering Service (Alimentos Servidos S.A.). Info: Alexandra Praun or Allen González, 236-9456 or e-mail: alisersa@racsa.co.cr

 

Another Costa Rican Land Dispute Heats Up Pavones

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A land dispute in the remote southern Pacific beach town of Pavones has pitted a group of Costa Rican fishermen against foreign residents who have obtained a government concession for a 13-hectare coastal property there. Similar territorial conflicts in Pavones, compared by some residents to the “Wild West,” have flared into fatal shootouts, arson and a string of court battles in the past 20 years.

The latest dispute began when Patrick and Anne Weston received a concession from the Municipality of Golfito for 13 hectares of coastal property, including a two-kilometer stretch of shoreline, east of the village of Río Claro de Pavones. The land concession was granted to the U.S. couple in late 2002 for forest preservation and scientific research.

A group of area fishermen has been trying to claim one of those hectares along the coast to build a pier and a storehouse for the fishermen’s catch.

Convinced that the concession awarded to the Westons was granted under unfair circumstances, the fishermen and their legal advisor, former Golfito Mayor Jimmy Cubillo, have appealed to the Supreme Elections Tribunal in an attempt to remove Municipal officials from office because of that decision.

Their case prompted the visits of two Puntarenas province congressional deputies from the Libertarian Movement party last year and has snagged the attention of a San José-based lawyer. All three have expressed sympathy with the fishermen’s plight. THE Westons, according to their lawyer Marcos Araya and his documentation, went through the proper legal channels to obtain the rights to the land.

The couple submitted a proposal in 1990 for a new municipal zoning plan that designated much of the area as a protected forest. The Municipality of Golfito passed the plan in 2000, and the Westons received their land concession two years later. Before applying for the concession, Anne Weston said she and her husband, who have been a part of the community there for 16 years, took into account the livelihoods of the area fishermen, asked them which part of the beach they wanted to use, and recommended they apply for a concession to guarantee their access.

Later, she said, once the process was  under way and the maps, land studies, and approvals were passing under the stamps and pens of local authorities, a group of fishermen organized to oppose the Westons’ concession and claim part of the beach for themselves. THE organization, called the Association of Fishermen of the Bay of Pavón (APEBAPA), founded in 2001, represents 20 fishermen and their families. José González, a member of the association, said local fishermen are worried because at any moment they could be evicted from their current base and denied use of their storehouse in the village of Río Claro.

He said they are unable to obtain the legal right to use that land because its proximity to the town prevents the municipality from granting them a concession there. The rocky coast and the rough sea, González claimed, limit their options for a dock in the area. The area within the Westons’ land is suitable, he said, because of the relative calm of the waves there.

APEBAPA and the group’s legal advisor contend the fishermen were excluded from the process of zoning and doling out the land, and that something is amiss in the way the municipality granted the concession to the Westons. One year before the municipality approved the zoning plan, APEBAPA had sent a letter to the municipality requesting that the plan grant them permission to build a facility on the beach.

Nobody responded, according to Cubillo. That and other attempts to gain a part of the land were ignored, according to APEBAPA, which has documents that verify those attempts. “We find ourselves without the financial resources to fight our cause. We seem weak, but we’re not – we will fight because this is our livelihood and we must protect our families,” Gerardo López, president of APEBAPA, told The Tico Times.

THE association recently contacted Victor Lobo, a San José-based lawyer who is examining their case. Lobo told The Tico Times that the Municipality of Golfito approved the zoning plan in violation of the Constitution. “The government received the documents but did not respond or consider them. That is a violation of the due process of law,” he said, explaining that the Constitutional right to due process guarantees involvement in the legal process.

Golfito Mayor Mauricio Alvarado assured The Tico Times there was nothing illegal about the zoning plan or the concession. “When the plan was passed there was a public audience, but nothing was heard from the fishermen. It was only afterward that they began to complain,” he said.

HE cannot alter the concession now, Alvarado said, but he can try to help the fishermen obtain land on the edge of the Westons’ property. Former Mayor Cubillo said the reason there was no opposition is simple – the municipality did not notify APEBAPA of the public hearing. Rather, Cubillo said, they held a hearing alone and approved the concession immediately.

Mayor Alvarado responded that the government followed the legal procedures and did not hold an unannounced public hearing. Cubillo has submitted a ream of documents to the Supreme Elections Tribunal that he claims will prove there were shenanigans not only in the public hearing, but also in other aspects of the municipality’s land concession process.

AS an example, he showed The Tico Times a copy of the contract for the Westons’ concession, which was signed at 8 a.m. on Dec. 16, 2002. The public hearing to field opposition began at 10:30 a.m. that same day, two and a half hours after the contract was signed, and APEBAPA was not represented.

Gerardo Soto, former Golfito Mayor who signed the concession contract, told The Tico Times that, though he did not have the documents before him, he did not think that there was any wrongdoing. “I believe that we signed it after the public hearing and after all the proceedings had gone through,” he said.

Rigoberto Nuñez, president of the Municipal Council, who also signed the concession contract, told The Tico Times “we would have to look into it, but it seems to me that we approved something that had already met all the legal requirements.” Cubillo is confident that the evidence he has will be enough to annul the contract and possibly topple Mayor Alvarado, Nuñez and others in the municipality “within four or five months,” he said.

LAWYER Lobo said the fishermen have not yet taken the case to court properly. “They don’t know what they’re doing. They need to present their case to the Criminal Court or the Constitutional court or both… I believe they have the right to work like you and me, and they don’t have too many options for work there. If this concession remains, it jeopardizes the entire culture of those people,” Lobo said.

Mayor Alvarado, Nuñez and the Westons all said they want the fishermen to have a piece of land, but an independent study proved the land in question is unsuitable for a pier. Geologists from the University of Costa Rica (UCR) carried out the study and concluded that the beach is prone to such severe erosion that building there would require a large investment.

THE Westons stressed they have followed the letter of the law throughout the entire process. “What we’re doing is absolutely vital to the community,” Patrick Weston said. “We want to bring marine biology research here because the gulf is threatened.”

Patrick Weston was a lifeguard in the United States before moving to Costa Rica with his wife, who teaches English to children in Río Claro and writes children’s books. Some area residents told The Tico Times they have long been frustrated by the actions of Patrick Weston in the community, especially regarding land use. To avoid what they claimed would be Weston’s retribution, many requested that their names be withheld from publication.

ONE of those with complaints against the Westons who did not speak on condition of anonymity was Billy Clayton, who had permission to use some of the land that is now in the concession, but lost it when the municipality awarded the land to the Westons. Allan Weisbecker, a neighbor of the Westons, left the country recently after an argument with Patrick Weston in which Weston accused him of selling land illegally over the Internet. In a letter that

Weisbecker delivered to The Tico Times and the U.S. Embassy in San José, he wrote, “Patrick Weston has the community of Pavones – expats and Ticos alike –cowed. Weston is feared.” Weston, however, said people are upset because he and his wife try to ensure that residents follow the land-use laws, and file complaints against people who sell land illegally.

“All the things you hear about us are from people who have an axe to grind,” he said. SOME of the players in the recent controversy are veterans and witnesses of past Pavones land battles, some that ended in tragedy. In 1997, Jimmy Cubillo was the Mayor of Golfito and gave permission to a cooperative called Coopeatur to build an ice factory in Pavones.

The site encroached on the ranch of Max Dalton, a 78-year-old U.S. citizen who was shot to death shortly after. Dalton and one of his alleged attackers, 55-year-old Tico Alvaro Aguilar, died of bullet wounds in a gunfight after Dalton contested the municipality’s authorization to build the factory on his land (TT, Nov. 21, 1997).

Cubillo later said he had made a mistake in granting the permission (TT, Dec. 19, 1997). LAND disputes in Pavones also have roots in the demise of the United Fruit Company in the 1980s. The company pulled out of the area after debilitating strikes by unionized workers, leaving hundreds unemployed and opening the land to foreign speculators.

One of the buyers was U.S. fugitive financier Robert Vesco (TT Nov. 25, 1988), who later sold some of the land to Danny Fowlie, who has been imprisoned in the United States since the mid-1980s, convicted of drug trafficking. The Westons own another 100-hectare property they bought from a corporation that Fowlie owned, Rancho del Mar; although they made the purchase through a legal representative of Fowlie and say they never knew Fowlie.

“Four-fifths of Pavones was owned by corporations in Fowlie’s name,” Anne Weston said. Though the press often casts the southern region as a prickly mess of drugs and gun fights, Anne Weston said there is a positive side that is often overlooked.

That is partly what they are struggling to protect through their reforestation project, she said.

Olympic Hopes Dashed ForWomen’s Soccer

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AFTER a sensational first-round play, the Costa Rica women’s soccer team’s Olympic dreams ended Wednesday afternoon following a 4-0 loss to the United States in the Pre-Olympic Qualifying Tournament.

The United States dominated the game from the beginning with an early goal in the fifth minute. From then on, the Costa Rican team hardly touched the ball, taking less shots on goals than the number of goals the U.S. women made.

The absence of Megen Chávez, the Ticas’ leading scorer in the tournament, due to an injury sustained during the Costa Rica-Canada match on Monday, made the gap between the two teams more visible.

Despite their early exit, Costa Rica’s technical director, Ricardo Rodríguez, said he was proud of his team’s performance during the tournament.

“We’re going out with our heads held high,” he said. “We demonstrated we have the potential to play at this level.”

Rodríguez also said he is looking forward to the 2008 Olympics by working hard to develop younger players during the next four years.

THIS was the third meeting between Costa Rica and the United States in just over a year. Each time the United States has won, but U.S. technical director April Heinrichs said she has seen a real evolution with the Costa Rican women’s team.

“They’ve made remarkable improvement,” she said about the Costa Rican women. “They had a fighting spirit this tournament that they didn’t have six months ago. They had the organization and the commitment they didn’t have six months ago and I was extremely impressed with them.”

The United States will advance to the Olympics for the third time in a row, making it the only team in the region to compete in every Olympics in which women’s soccer has been an event.

The Mexican women’s team will advance for the first time. After defeating Canada 2-1 Wednesday afternoon, Mexico also secured a berth to Athens this summer.

 

Democrats Abroad Register Voters Here

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“IT is hereby resolved that we Democrats will be sending George W. Bush back to Crawford, Texas,” said an impassioned Dorothy Sagel, as she kicked off the Democrats Abroad Election Extravaganza on Saturday afternoon.

Her words were met with a rousing cheer from the audience at the Gran Hotel in San José. Potential voters turned out for a variety of reasons, but all share a common goal – defeating U.S. President Bush in the November elections.

Sagel, president of Democrats Abroad in Costa Rica, said the organization was gathered to get that message across.

“I hope that people who are here and who read about this event will know that there’s a large group of people who are unhappy with George W. Bush and his administration,” she said.

Jerry Ledin, regional vice-chair of the Americas, agreed. “Democrats Abroad have empowered themselves around the world to defeating Bush and (U.S. Vice-President Richard) Cheney,” he said.

The event had a turnout more than double what the regular Democrats Abroad meetings usually generate, leading members to become optimistic about the upcoming Presidential race, organizers said.

Voter registration helped draw the crowd – more than 80 people registered that day and another 20 took applications to fill out and return later.

“WE’RE trying to offer a viable alternative for Americans in Costa Rica who are not aware of the fact that they can register and vote and that their vote will make a difference,” said organization vice-president David Sagel.

Member Francis Chavarría expressed satisfaction with the afternoon’s events.

“I hope this creates a momentum of enthusiasm that keeps growing as we near Election Day,” she said.

Past co-president Jerry Karl said he feels it is important to have functions like the Election Extravaganza where Democrats can speak their minds.

“We’re here discussing important issues occurring in the United States and abroad and want to have our opinions voiced,” he said.

Jerry James said he attended because he believes getting Bush out of office is a matter of personal as well as national security.

“GEORGE W. Bush has upset all nations of the world, so much so that Americans need to fear for their safety when they’re overseas,” he said. “We need to get rid of a guy like this. I’m here to get him out of office.

“I wasn’t going to vote ever again until I read we had a chance of beating Bush. Now here I am,” James added.

Democrats Abroad members spoke on behalf of potential Presidential candidates and an unofficial straw poll was taken, with John Kerry coming out as the winner with 39 votes. The next closest candidate was Dennis Kucinich, with 11 votes.

DEMOCRATS Abroad is organized into three regions: Europe-Africa-Middle East, Asian-Pacific and the Americas.

Democrats Abroad plans to send 22 delegates to the Democratic National Convention in Boston this July. Two of those delegates will be representing Democrats Abroad for the Americas.

Democrats Abroad will continue its voter registration drive during the next three months. For more info about registering or on Democrats Abroad Costa Rica, call 249-1856, 494-6260 or visit www.cr.democratsabroad.org.

The Republicans Abroad of Costa Rica held its annual membership drive event on Feb. 21, including the participation of visiting leaders of the U.S. Republican National Committee (TT, Feb. 27).

 

U.S. Pastor Faces Extradition on Fraud Charges

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A businessman and former San José pastor, Richard Hinkle, was arrested here last week after a U.S. District Court in Pennsylvania requested his extradition on charges of fraud, according to representatives of the Judicial Branch.

Prosec utors in the United States allege Hinkle swindled 30 people out of a total of  $3.6 million through the now-defunct Cornerstone International Bank on the Caribbean island of Grenada, said Marcia

Bosshardt, spokeswoman for the U.S. Embassy in San José.

According to wire reports, prosecutors also claim Hinkle paid investors about $640,000 while diverting money to his own accounts. He is charged with 19 counts of wire fraud and 40 counts of money laundering, the Associated Press reported.

COSTA Rican judicial authorities sentenced Hinkle to two months in preventive prison on Feb. 27, a standard sentence in extradition cases since that is the amount of time requesting countries have to submit paperwork required by Costa Rican law.

The 38-year-old suspect is being held in San Sebastian Prison in San José, said Sandra Castro, spokeswoman for the Judicial Branch.

A Grenada high court ordered Cornerstone International Bank to liquidate its assets in July 2003, according to a release from J.A. Seales & Co., a West Indies law firm. Hinkle claimed to have worked as an “office coordinator” at the bank, but told The Tico Times he had no official title (TT, Nov. 7, 2003).

HINKLE, who also owns the Brand Fashion clothing store in the Real Cariari Mall, was the victim of a kidnapping in October of last year, which he speculated then might have had something to do with his involvement at the now-defunct bank in Grenada.

The three-day ordeal began with Hinkle’s capture at gunpoint in front of his wife and four of his six children, and ended when a special Costa Rican police unit raided an Escazú apartment and rescued him (TT, Oct. 31, 2003).

Hinkle’s suspected kidnappers, 52- year-old Yadira Arguedas and 39-year-old Rafael Fallas, a former police officer, are still serving preventative prison sentences assigned after the kidnapping, Castro said. Hinkle told The Tico Times last October, “There are people from my past who might be trying to get even with me, but I didn’t do anything wrong or illegal.”

Investigators from the U.S. Federal Bureau of Investigation (FBI) visited Hinkle in Costa Rica after the kidnapping, a step taken only when the FBI has a special interest in persons or circumstances involved in the crime, according to the U.S. Embassy (TT, Nov. 7, 2003).

 

Unlicensed Doctor Faces Extradition to U.S.

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DEAN Faiello, a suspect arrested here last week and wanted in New York for questioning in connection with the death of a 35-year-old financial analyst there, has declined voluntarily extradition, so compulsory extradition proceedings are under way, according to sources in the Judicial Branch.

Faiello’s lawyer, Moises Vincenzi, said his client’s intention is to ensure the government goes through every necessary step before the turning him over to authorities in New York.

“He wants a due process, and he should be considered innocent until it is proven otherwise,” Vincenzi said. The lawyer mentioned ensuring the crime Faiello is being extradited for is also a crime here, a standard prerequisite for extradition.

But the charges under which Faiello’s extradition will be sought are unclear.

FAIELLO plead guilty in 2003 to practicing medicine without a license, but fled to Costa Rica in September 2003 before being sentenced.

He also is being investigated in the death of financial analyst Maria Cruz, whose body was found in a suitcase buried beneath a concrete platform at his former home in Newark, N.J. (TT, Feb. 27).

If Faiello were being extradited for homicide, the United States would have to guarantee he would not face either life in prison or the death penalty – sentences that are unconstitutional here, said Sandra Castro, spokeswoman for the Judicial Branch.

However, practicing medicine without a license is an offense here, punishable by sentences similar to those in the United States, she explained.

If the 44-year-old suspect is extradited only for that charge, it is unlikely the Costa Rican government will attempt to delay or deny his extradition even if there is a chance he would face the death penalty if convicted of charges related to Cruz’s death when he returns, Castro said.

ON Feb. 27, the case was handed over to the Judicial Branch and Faiello was given a two-month preventative prison sentence, Castro said. Faiello was transferred to San Sebastian Prison in San José, where he will likely stay no more than six months before being extradited, she said.

A two-month preventative sentence is standard in extradition cases here, since countries requesting extraditions have two months to submit documentation required by Costa Rican law, Castro said.

In Faiello’s case, Costa Rican authorities are awaiting copies of all legal proceedings and documents proving the sentence he will face in the United States.

Once an official extradition order is handed down, Faiello has the option of appealing it – a process that can take from a month and a half to three months depending on the complexity of the case, Castro said.

The other thing that could slow his extradition is a request for writ of habeas corpus, which could cause an additional delay of two to three weeks, Castro said.

THE only reason Faiello was not immediately deported for an immigration violation after he was captured at Villas Playa Sámara on the west coast of the NicoyaPeninsula last week was that the extradition request from the United States had already arrived at the Judicial Branch.

Deportation is an administrative action; extradition requests are judicial matters and take precedence, Castro explained, adding that it is not possible for U.S. officials to withdraw their extradition request in order to speed his return.

If he had been deported, flight schedules would have been the main factors affecting his departure time, Castro said.

Vincenzi said both he and Faiello’s attorney in New York advised their client to not speak to the press.

Vincenzi is one of the best-known lawyers in the country. He is also representing Father Minor Calvo, a once widely respected Catholic priest suspected of authoring the assassination of Costa Rican radio journalist Parmenio Medina in 2001 (TT, Jan. 9).

 

Study Will Analyze Country’s Violence

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ASK any Costa Rican why the country has seen an increase in violence in the last 10 years and he or she will likely come back with the same answer – immigration.

This is just one myth Kevin Casas and a United Nations program hope to dispel during the next year with an intensive analysis of violence in Costa Rica.

The study was kicked off last week at a conference of representatives from various  government and non-government agenciesthat focus on the causes and effects of violence in society.

Coordinated by the United Nations Program of Development (UNPD) and Casas, this network of groups will ultimately contribute to Costa Rica’s first National Report on Human Development with a focus on violence.

BEYOND dispelling myths, the UNDP study hopes to offer concrete solutions and propose policy changes to reduce violence in the country, thereby promoting development.

Although the country has seen an increase in violence, the perception may not be proportionate to the reality and may  ultimately worsen the problem, Casas told the conference’s audience at the Hotel Radisson in San José Feb. 26.

From 1990 to 2002, the number of property crimes in Costa Rica doubled from 62.7 per 100,000 habitants to 125.2 per 100,000 habitants.

During the same time period, the number of sex crimes more than doubled, from 52.3 per 100,000 habitants to 113.3 per 100,000 habitants, and the number of homicides increased from 4.8 per 100,000 habitants to 6.3 per 100,000 habitants.

“PEOPLE aren’t crazy, there is a visible increase in violence,” Casas said. In polls from May 2000 to October 2003, Costa Ricans listed violence as one of their top three concerns, usually their primary concern, among poverty, unemployment, corruption, high cost of living and drugs.

Still, Costa Rica is hardly the next Colombia, as some may be anxious to believe, Casas told the conference.

A comparison to other countries reveals the level of violence to be much lower, he said.

Comparing the most recent available figures before 2000, Costa Rica had a homicide rate of 6.8 per 100,000 habitants – much less than the 70.6 in Colombia, 64 in El Salvador, 18 in Venezuela and 10 in the United States.

With the exception of the United States, most developed countries had homicide rates of less than 3 per 100,000 habitants.

“THE problem is, when it comes to crime, perceptions do matter a lot,” Casas told The Tico Times. “Patterns of behavior derive from those perceptions. One obvious example is that people are buying guns, just because they feel terribly unsafe.”

In eleven years, the number of permits granted to carry a gun nearly quadrupled, from 5,609 in 1990 to 21,049 in 2001.

These numbers are a gross underestimation of the number of guns actually out there, Casas added.

“I can assure you that if we continue along this path (buying guns), in five years time, ten years time, the results are going to be perverse,” he said. “We are going to have more violence that way.”

Casas and the UNDP also hope to dispel the myth that nothing can be done to combat violence except buying a gun and hiding behind barred windows.

ONE of the main functions of National Reports on Human Development – which have been conducted in more than 135 countries since 1990 – is to propose real, concrete solutions. The report will look at how Costa Rican communities have approached the problem, and evaluate what other countries and cities, such as New York City and Colombia’s Cali, have done to decrease violence.

This is one of the advantages of the UNDP, Casas said. It is part of a worldwide network of people working on development issues.

The reason violence was chosen as a topic for the study is that it is ultimately a development issue, according to José Hermida, UNDP resident representative.

“Development can only happen when people are living without fear,” he said.

VIOLENCE can have not only very measurable effects on development – such as loss of work time by injured individuals, investment of government resources in crime prevention and punishment at the expense of other programs, and decrease in foreign investment – but also less palpable effects.

These include the spontaneous creation of these types of myths and erosion of tolerance, Casas said.

“I think at the end of this, we are going to be very surprised,” he said. “There are relatively few things a collective society believes that turn out to be true.”

“My initial impression, and there is some evidence to back it up, is that the effect of immigration on crime figures is negligible at best,” he later added.

The report will attempt to determine what has produced the increase in violence by exploring the last 20 years in Costa Rica, Casas said.

ANOTHER powerful impact v iolence can have on a society’s development is the disintegration of faith in democracy, conference leaders stressed.

To illustrate this effect, Casas cited an opinion poll in El Salvador that said two-thirds of people would be willing to live under a dictatorship if it meant less crime.

 

Tattooed Man Takes Mall Policy to Court

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THOSE who walk the aisles of the Mall Internacional in Alajuela these days have a certain look, and it is not punk hair, large tattoos, multiple piercings, or anything mall security guards decide makes a person look like a bathroom vandal or gang member.

Fulton Arias is a tattooed and pierced 25-year-old man who visited the Mall Inter-nacional almost daily until the beginning of January, when a security guard barred his entrance because of a new mall policy.

When he tried to enter, accompanied by his wife, a guard told him that people like him were not allowed. He thought it was a fluke – he had visited the place so often he was friends with some of the shop owners and guards, and had once been hired for a performance there, the painful task of laying down on a bed of nails.

“WHAT do you mean ‘people like me,’ I asked him,” Arias said. “And he said people with tattoos and piercings.”

Several weeks later, Arias returned to the mall with a lawyer, Roy Rodríguez. Again he was blocked at the door by a guard.

“He told Roy that people like me rob stores and make the mall look ugly,” Arias said.

Arias decided to file a discrimination case before the Constitutional Chamber of the Supreme Court (Sala IV) in late January. Against his expectations, the court agreed to review it.

Arias says he is not one of the kids who carve up bathroom stalls, nor is he part of a gang. He is married, owns an advertising agency called Nitro Art, builds and sells houses, and is inclined to hire a lawyer to press charges.

A lawyer in Rodríguez’s firm, Alvaro Sagot, now represents Arias in the case. Incidentally, he also has a tattoo, though his is on his back and is normally hidden beneath a shirt.

“I consider the fact that they barred his entry a violation of the human right to equality and the right to bear living art.

Those are rights that our Constitution guarantees in Article 33, which states that we are all equal before the law,” Sagot said.

It is clear that businesses cannot reject people because of their race, sex or other such conditions over which a person has no control.

But since people can choose whether or not to sit under a hot needle in a tattoo parlor, are policies that discriminate against them not the same as the “no shirt, no shoes, no service” signs and other such dress codes?

“Electing to get a tattoo is like choosing a religion,” Sagot answers. “As a business owner, I would have the right to manage the place how I want. But people who look different, who dress differently, they’re different from people who damage my property. Each case should be taken separately, rather than discriminating against all people who look a certain way.”

THE administrative committee of the Mall Internacional does not agree. Though other large malls, including the SanPedroMall and the new Terra Mall, do not have such policies, lawyer Armando Céspedes, who sits on the Mall Internacional’s committee, defends the mall’s right to admit only the people who conform to its image.

“It’s a family shopping center,” he said. “We reserve the right as a private enterprise to implement dress codes. It’s the same as our other policies – we don’t allow people who carry weapons or who behave in destructive ways, or who don’t wear shoes, for example.”

He clarified, however, that the media has misrepresented the mall’s policy. It is not against people who have tattoos. Some of the business owners there have them and one of the businesses in the mall is a tattoo parlor.

“WE are talking about people who send very strong messages with their appearances – their hair, their clothes, and their piercings and tattoos. It’s absurd to think that all people with tattoos are the same. But, sadly, we have had to make some rules. It’s not the mothers shopping with their children who paint graffiti in the bathroom stalls,” Céspedes said.

The decision as to who may enter is a judgment call left up to the security guards. Arias said the policy is not carried out fairly. The guards reject young men more often than young women, he said, adding that he does not think they would reject foreigners.

“When a person is eccentric there is always a price to pay,” Céspedes said. “The price of losing friends, of not being able to find work, and of not being allowed in certain places.”

Arias said he thinks that point is moot because tattoos and piercings are in style, and not necessarily signs of delinquency.

“The subject is very delicate and very dangerous,” he said. “That man has to wake up and realize that he lives in 2004. Professionals have tattoos.”

THE Sala IV decision, which Sagot said he expects in three to six months, could have a deceptively far-reaching impact in the context of security and gang violence. Céspedes mentioned a rise in gang activity during the last eight years since the Mall Internacional has opened, and associated tattoos with gang membership.

The most common gangs in Costa Rica, called barras deportivas, associate themselves with a soccer team and have gained a reputation for violence and vandalis.

THE advent in the 1990’s of the maras, violent gangs in El Salvador, Guatemala and Honduras, has prompted some severe legislation in those countries.

Members of those gangs often bear tattoos that proclaim their gang affiliation, and some young men are painted literally from head to toe.

Honduras recently passed a law that mandates up to 12 years in prison for membership in such gangs, and it is policy for police to round up people with the telltale markings – whether or not there is evidence they have committed a crime.

The San José-based children’s rights advocacy group Casa Alianza and the Center for Justice and International Law this week presented their concerns for human rights violations against those thousands of jailed youth to the Inter-American Commission of Human Rights in Washington D.C.

“WE consider that the new anti-gang laws approved by Honduras and El Salvador, and being considered by Guatemala, are contrary to the rights of children as defined by the American Convention on Human Rights,” said Bruce Harris, regional director of Casa Alianza. “Furthermore, countries should be taking the measures needed in order to give the children opportunities, not jailing them without evidence other than a tattoo.”

Sagot agrees with Harris that the Honduran gang laws violate human rights.

“Thank God in Costa Rica there is more tolerance,” he said.

If the Court decides in favor of Arias, Céspedes said that he will respect the decision, he does not share the belief that the mall’s policy is a violation.

“Every business must have the right to decide who can enter and who cannot,” he said.

 

Tico Omelette Sets Record

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CHICKENS everywhere are hoping this doesn’t turn into another gallo pinto episode. On Sunday, more than 70 Costa Rica chefs turned 12,750 eggs into the world’s largest omelette and got the country back into the record books.

In addition to the eggs, members of the National Association of Chefs used 17 liters of oil, 14 kilograms of salt, 600 sweet peppers and 49 kilograms of onions to cook the 20-meter-long, 2-meter-wide omelette.

Although they ultimately lost out to Nicaragua in the competition for the largest dish of gallo pinto, a typical rice and-bean breakfast dish (TT, Sept. 19, 2003), the National Association of Chefs currently holds the record for the world’s largest buffet.

In November 2002, the association beat Peru’s previous record of 300 dishes, with 430 different dishes served at one time.

“We always have the hope of setting more records. We are like a white army, in our coats,” said Alicia Ríos, secretary of the association’s board of directors.

The huge omelette was made as part of the Turrúcares, Alajuela, festival celebrating the town’s patron saint.

The cooking started Saturday when all of the ingredients were chopped. The chefs then spent six hours breaking eggs in a truck refrigerated to 4 degrees Centigrade to ensure no contamination occurred, according to Ríos.

“When we left we were like penguins,” she said.

Despite the preparations, the group of chefs ran into difficulties the next day when strong winds kept blowing out the 166 burners used to cook the eggs.

Breakfast was not finally served until 2 p.m., when the egg concoction was sold for ¢200 (47 cents) a portion.

 

Domestic Violence Bill Obtains Initial Approval

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THE Legislative Assembly last week voted 39 to 7 in favor of a bill penalizing violence against women that has been debated since 1999, according to an official statement from the Assembly.

The Constitutional Chamber of the Supreme Court (Sala IV) will review the bill to determine whether it is constitutional.

If no discrepancies are found, the bill will return to the Assembly for a final debate and vote.

The Sala IV has declared previous versions of the bill unconstitutional on three occasions (TT, Nov. 28, 2003).

Aggressors convicted under the new law would face sentences of between 20 and 35 years in prison for killing a woman.

Additionally, the bill calls for aggressors convicted of violence against women to enroll in programs of rehabilitation for problems such as violent behavior and substance abuse (TT, Feb. 20).

Members of the Libertarian Party had ardently opposed the bill, which they called discriminatory. But late last week they voluntarily withdrew 90 of 101 motions they had filed against it, speeding its passage, according to the Assembly statement.

The government last month created a special commission to tackle the problem after a rash of domestic violence slayings this year.

In one case earlier this year, a man shot and killed three of his children, injured a fourth and shot his pregnant companion twice in the abdomen before taking his own life. The woman and her four-monthold fetus survived (TT, Jan. 30).