The Tribunal Penal de Heredia (Heredia court) yesterday denied releasing Cherlyn Tomayko from detention at the women’s prison, El Buen Pastor, after the ministra de Seguridad Pública announced the decision on Wednesday to grant the “Gringa” refugee status.
Tomayko is in the centre of a legal battle after her ex-husband filed charges of kidnapping when the woman fled to Costa Rica with her children, fleeing spousal abuse. Tomayko was detained by Interpol and being held at the Buen Pastor since last September, fighting extradition.
Tomayko is now married to a Costa Rican, becoming a naturalized citizen and has two children with the man.
The Heredia court decision was handed down by judge Carlos Zalazar at 1pm, denying the woman her liberty and that it would be up to the Constitutional Court to render a decision on the Tomayko’s liberty.
On Wednesday and to the annyoance of US Embassy in San José officials, the ministra de Seguridad Pública, Janina del Vecchio, announced that Tomayko was being granted refugee status. The US Embassy in San José quickly announced cancellation of plans that were to have been held the day following of the donation of an airplane to the Seguridad ministry.
The US annoyance was further evidenced yesterday when US Ambassador to Costa Rica, Peter Cianchette, personally called Costa Rica’s foreign minister, Bruno Stagno, to communicate his feelings on the matter. Cianchette also met with minister Del Vecchio yesterday afternoon.
“He (Cianchette) told me he respects our decision, though he is not in agreement with it”, said Del Vecchio following the meeting.
Jeannette Carrillo, president of the Instituto Nacional de la Mujer (Inamu) - women’s institute - explained that she trusts that the constitutional court justices will give Tomayko her liberty. Meanwhile, Javier Montero (Tomayko’s husband) and their three children, sat beside Tomayko at the Buen Pastor waiting for the nightmare to be over.
For his part, Costa Rica president, Oscar Arias, said he gave the Ok to grant Tomayko refugee status and had discussed the case with Carrillo.

