Costa Rica extradition to the United States is governed by a bilateral treaty signed in San José on December 4, 1982 and in force since 1991.1U.S. Congress. Treaty Document 98-17 – Extradition Treaty With Costa Rica Each country agrees to surrender people charged with, being tried for, or convicted of an extraditable offense in the other. Until recently, Costa Rica flatly refused to hand over its own citizens. A May 2025 constitutional amendment changed that for two categories of crime, and the first transfers of Costa Rican nationals to U.S. custody took place in March 2026.
Which Crimes Qualify
An offense is extraditable only when it meets two conditions. First, dual criminality: the conduct has to be a crime under the laws of both countries. Something legal in Costa Rica, or treated there as a minor infraction, cannot be the basis for a transfer. Second, the offense must carry a potential sentence of more than one year of imprisonment in both countries. What counts is the maximum punishment available under the law, not the sentence a judge would probably impose.
Attempt and conspiracy charges are extraditable in their own right. Political offenses and purely military offenses are not.
When Costa Rica Can Refuse
Meeting the threshold does not guarantee surrender. Costa Rican courts can deny extradition on several grounds:
- The prosecution or punishment is time-barred under the law of either country.
- The offense carries a potential death sentence in the United States. Costa Rica abolished capital punishment, and the U.S. can only overcome this objection by providing written assurances that the death penalty will not be sought or carried out.
- The person could face life imprisonment or a prison term longer than 50 years, which is the maximum allowed under Costa Rican law. Assurances that neither penalty will apply are required.2Codices (Council of Europe). Constitutional Chamber of the Supreme Court of Costa Rica – CRC-2025-2-002
- The person was convicted in absentia. The requesting country must guarantee a new trial.2Codices (Council of Europe). Constitutional Chamber of the Supreme Court of Costa Rica – CRC-2025-2-002
- The conduct is classified as a political or purely military offense.
In practice, most negotiation happens around the sentencing and death penalty guarantees. Those assurances have to be in place in writing before Costa Rica will physically transfer anyone.
What Changed for Costa Rican Citizens in 2025
For decades, Article 32 of Costa Rica’s Constitution barred the country from compelling any Costa Rican to leave national territory, and the U.S. treaty explicitly recognized that bar. The consequence was a well-known loophole: foreign criminals who naturalized as Costa Ricans could effectively block prosecution abroad.
Law No. 10730, enacted on May 20, 2025, amended Article 32. It now permits the extradition of Costa Ricans, but only “in cases of international drug trafficking or terrorism if extradition has been awarded by the Courts of Justice, with strict adherence to the fundamental rights and procedural guarantees recognised in this Constitution, in international treaties, and in the laws.”2Codices (Council of Europe). Constitutional Chamber of the Supreme Court of Costa Rica – CRC-2025-2-002
The reform is deliberately narrow. Only international drug trafficking and terrorism qualify. Every other offense remains covered by the old prohibition, so a Costa Rican citizen still cannot be extradited for fraud, homicide, sex offenses, or anything else outside those two categories. The Constitutional Chamber also imposed strict conditions on qualifying cases: the United States must guarantee that the death penalty, life imprisonment, and any sentence exceeding 50 years will not apply. If a conviction already carries one of those penalties, it has to be reduced or commuted to fit Costa Rican sentencing limits before the transfer can happen.2Codices (Council of Europe). Constitutional Chamber of the Supreme Court of Costa Rica – CRC-2025-2-002
On March 20, 2026, Costa Rica carried out its first extraditions of nationals, surrendering former security minister Celso Gamboa Sánchez and alleged drug trafficker Edwin López Vega to the United States. Gamboa was indicted in the Eastern District of Texas on cocaine trafficking and conspiracy charges tied to distribution destined for import into the United States.3Tico Times. Costa Rica Completes First Extradition of Nationals With Celso Gamboa Case
How the Process Moves
Extradition in Costa Rica is a judicial process, not a political one. The request travels through diplomatic channels, but the decision is made by courts applying legal criteria.
Request and Arrest
The U.S. delivers the extradition package to the Secretariat of Costa Rica’s Supreme Court of Justice, which assigns the case to the court in the jurisdiction where the person is located. That court reviews the request and orders the arrest.4Organization of American States. Description and General Explanation of the Costa Rican Extradition System
In urgent situations, provisional arrest can happen before the complete package arrives. The maximum window is 60 days. If the U.S. does not deliver all the required supporting documents within that period, the detained person must be released.4Organization of American States. Description and General Explanation of the Costa Rican Extradition System
Hearing and Defense
Once detained, the person is entitled to all the protections guaranteed by Costa Rica’s constitutional system, including private counsel or a court-appointed public defender. They can either accept a voluntary process or contest the request.4Organization of American States. Description and General Explanation of the Costa Rican Extradition System
If contested, the judge holds a full hearing and weighs the evidence against every applicable principle: dual criminality, the one-year minimum, the statute of limitations, the political offense bar, and any sentencing restrictions. The court then issues a judgment granting or denying extradition.
Appeal and Transfer
Either side can appeal to the Appellate Criminal Court (Tribunal de Casación Penal), which may uphold the ruling, reverse it, or return the case for more evidence or corrections.4Organization of American States. Description and General Explanation of the Costa Rican Extradition System Once the decision is final and any required U.S. assurances are in place, the United States has two months to take physical custody. Miss that window and the person can be released.
What the US Can Prosecute After Transfer
The treaty includes the rule of specialty. After surrender, the United States can only prosecute the person for the specific offense that supported the extradition. Adding unrelated charges once the person is on U.S. soil is not allowed; new charges require a separate request and separate approval. Costa Rica requires the United States to formally commit to this principle before the transfer takes place.4Organization of American States. Description and General Explanation of the Costa Rican Extradition System