When the judiciary in Costa Rica declared national strike last Wednesday, July 19, the Supreme Court issued a very clear statement to all judicial agencies saying that they must continue to prove certain basic services, saying that “access to justice is a human right,” according to a Supreme Court statement

Unfortunately, this has not been the case at the country’s morgue in San José. With 19 bodies awaiting autopsies as of Sunday, and mourner’s protesting outside the facility, not even an order from the Supreme Court could get things moving until Monday morning, according to reports in several local media.

A grouping of the 25 different trade unions that represent the 16,000-odd judicial branch workers in Costa Rica called for the national strike over a bill currently under consideration by the Legislative Assembly’s special committee on retirement plans.

The strike has meant a suspension of court hearings, the reception of complaints for minor offenses, and other “non-essential” services. Initially it was stated the strike could end Wednesday, July 26. The unions are requesting the current legislation be tabled, and that union representatives be invited back to negotiate an agreement with legislators.

The bill under consideration, which is based on technical studies from the University of Costa Rica and the superintendent of retirements varies considerably from the proposal put forth earlier this year by one of the judiciary unions, according to a report in Informatico.

“This new plan would increase the retirement age to 65, the years of service to 35, eliminate early retirement, increase the worker contribution to 17 percent, and reduce the amount of the pension to undignified amounts for workers, such as a 72 percent of the average of the last 20 years of service,” said Costa Rican Judicial Association (ACOJUD) President Adriana Orocú, who opposes the pending legislation.

Among the services declared essential by the Supreme Court last week when the strike began include, collection of bodies, autopsies, and delivery of bodies, as well as urgent forensic medicine services. Likewise, procedures relating to restraining orders, exit permits, trials for those in detention, and matters relating to alimony and child support, rapid response to rape victims, among others – including any other urgent situation, were not to be interrupted by the strike.

“The buildings must keep their public access areas open and operate during the usual schedules,” detailed Carlos Chinchilla Sandí, Supreme Court President, in a statement.

When the national ombudsman’s office (Defensoria de los Habitantes) began receiving complaints after the strike began that bodies of people’s loved ones were not being autopsied or delivered to them, the agency filed an injunction against the judiciary. And when no immediate results were obtained, they took the matter to the Supreme Court.

The high court Saturday afternoon ordered the Judicial Investigation Agency (OIJ) to “immediately execute the necessary measures and actions so that autopsies and the subsequent delivery of bodies can be carried out.”

Attorney General of the Republic, Jorge Chavarría, was designated as in charge of monitoring compliance with the orders, and found that OIJ workers at the country’s morgue had not complied with orders to tend to the bodies piling up as requested.

The OIJ said the earliest workers would be back at work would be Monday morning, and with each autopsy lasting about four hours, the first body – or bodies – would begin to be released no sooner than Monday afternoon, said a report in Elmundocr.com.

The ombudsman’s office has also filed a complaint against the judiciary for allegedly failing to respond to a domestic violence complaint that was filed after the strike began, said the Defensoría press office.