COSTA RICA REFUSING TO SUPPORT UN PRISONERS OF

C O N F I D E N T I A L SAN JOSE 000391 SIPDIS DEPARTMENT FOR WHA/CEN AND DRL/MLGA DWALTERS. E.O. 12958: DECL: 05/13/2018 TAGS: EUN PHUM PREL CS SUBJECT: COSTA RICA REFUSING TO SUPPORT UN PRISONERS OF CONSCIENCE DECLARATION WITHOUT AMENDMENTS REF: A. STATE 40380 ¶B. SAN JOSE 366 Classified By: CDA Peter M. Brennan for reason 1.4 (d). ¶1. (SBU) SUMMARY: The Costa Rican MFA said on May 14 that it would not/not co-sponsor the US/EU-backed UN Prisoners of Conscience Declaration. After stating on May 9 that it would co-sponsor, on May 12 MFA staff remained noncommittal in written communications and continued to urge inclusion of text calling for access to prisoners of conscience by international entities, as well as an additional mention of just and fair trials. If there remains any way to show flexibility on adding text to accommodate these elements, Costa Rica might reconsider. END SUMMARY. ¶2. (SBU) On May 9, ADCM spoke to the FonMin's Chief of Staff, Antonio Alarcon, who said the GOCR would support (and presumably co-sign) the declaration. Working level MFA staff, however, transmitted a diplomatic note on May 12 that did not directly mention co-sponsorship and continued to call for the declaration to include access to prisoners of conscience. Additionally, the diplomatic note for the first time added a request for text calling for guarantee of a fair trial for detainees. An unofficial translation follows. ¶3. (U) Begin unofficial translation of May 12 diplomatic note (salient portions): The Office of Foreign Policy of the Ministry of Foreign Affairs and Religion informs the Embassy that the Government of Costa Rica shares the concerns of the United States and other Co-sponsors of record on the "Declaration on Prisoners of Conscience" and would be interested in having the text of the declaration expressly mention the right of visitation that the detainees have, and the guarantee of a fair trial, which up to now have not been included in the text. The Ministry of Foreign Affairs and Religion of Costa Rica hopes that in the process of negotiation these amendments can be duly considered. End text. ¶4. (SBU) Further, on the morning of May 13, Post received a May 12 after-hours email communication from the MFA's Adriana Murillo, Human Rights Officer, reiterating that the MFA is interested in the initiative but would like to see the declaration take into account the two elements above. The evening of May 13, Alarcon relayed the same message to ADCM; the GOCR would "probably" sign, but wanted its views taken into account in the final declaration text. ¶5. (SBU) On May 14, we arrived to find an email from Deyanira Rodriguez, MFA's UN Desk Officer, stating that because they have received a verbal response in New York that new language cannot be included, Costa Rica regrets that it cannot join the US, the EU and other Co-sponsors on this declaration. ¶6. (U) Begin unofficial translation of May 14 MFA email (salient portions): For Costa Rica the topic is very important, and although (Costa Rica) does share the concerns expressed by the Co-sponsors of this declaration, we consider that there are fundamental principles that should not be excluded from the declaration, such as the right of visitation that the prisoners have and the guarantee to a fair trial. We have let that be known both in corresponding delegations in New York, as well as verbally from the MFA. To now we have only received a verbal response in New York by which we are told that it will not be possible to include new language in this declaration. It is for the above reasons that Costa Rica regrets that in this opportunity, it cannot join the US, the EU and other Co-sponsors in this declaration. End text. ¶7. (C) COMMENT: As renowned advocates for global human rights, President Arias and Costa Rica clearly want to be a part of this initiative. Alarcon, well aware of USG interest in the Declaration, seemed uncomfortable that his government was dragging its feet. Showing flexibility on the text might help (unless there is some substantive or political reason to the contrary). As we requested previously (Ref B),please advise whether the GOCR's suggestions can be incorporated into the declaration text. END COMMENT. BRENNAN