CAT/OP/CRI/CSPRO/1
been applied. According to reports issued by the Research and Statistics Unit, in the first two
years after the adoption of the Act, the number of women subject to this particular custody
and surveillance measure increased from 71 as of December 2017, to 142 as of December
2018, to 201 as of December 2019 and then to 208 as of July 2020.
141. The Costa Rican State is respectful of the individual guarantees of all inhabitants of
the Republic, including persons deprived of liberty. Health care is a human right that cannot
be denied; the State therefore strives to provide health care to all persons deprived of liberty
who require it, in accordance with available means and resources. Catering services are
provided in accordance with the needs of the prison population by qualified professionals,
with the help and participation of persons deprived of liberty. Persons who require a special
diet for health reasons are accommodated. With regard to personal hygiene products, the
current global situation has forced public institutions to redouble their efforts to ensure a
healthy environment in order to combat COVID-19. This situation has not spared the prison
system, which has provided detainees with the necessary products to disinfect their living
areas and maintain a healthy environment. In addition, donations are often received from
civil society and private businesses.
C.
Centres for adolescents and young adults in conflict with the law
(para. 94)
142. The power to amend existing laws lies with the Legislative Assembly, but the
executive branch can make recommendations in that regard. The State would be grateful if
the Subcommittee could point out those aspects of its juvenile criminal legislation that are
contrary to the international instruments to which Costa Rica has acceded, so that it can
follow up on the Subcommittee’s recommendation. The Ministry of Justice and Peace stands
ready to participate in a process of legislative reform in order to better protect the human
rights of the juvenile prison population; it must be borne in mind, however, that the legislative
process falls outside its remit by virtue of the principle of the division of powers. There is
currently one specialized centre for juvenile offenders in the prison system. For budgetary
reasons, allowing juvenile detainees to remain close to their local communities represents a
considerable challenge for the system. Nonetheless, the state of juvenile prison infrastructure
has been assessed and taken into account in the aforementioned Central Infrastructure Plan.
143. The law that governs due process in juvenile criminal matters is Act No. 8460.
Disciplinary procedure is covered in chapter IV of the Act, specifically articles 108 to 110.
Other laws, such as the Criminal Code and the Code of Criminal Procedure, may also be
applied to address any gaps in due process. All disciplinary measures constituting cruel,
inhuman or degrading treatment are strictly prohibited, including corporal punishment,
solitary confinement as a punishment and any other punishment that may compromise the
physical or mental health of the person concerned.
144. With regard to the prevention of self-harm among the prison population, the activities
organized at the Zurquí Juvenile Training Centre are designed to promote the personal
development of young people and mitigate the adverse effects of imprisonment and
punishment. These activities, which include sport, recreation, art, culture, group and
individual support sessions, education and volunteering, not only allow young people to build
their skills and competencies but are also key to alleviating the stress of confinement and thus
to preventing self-harm and other forms of self-destructive behaviour, such as violent conduct
and psychoactive substance abuse.
145. In the event of self-harm, professional psychologists apply a protocol developed by
the National Institute of Criminology. Professional psychologists developed a specific
psychotherapeutic procedure for residents of the Zurquí Juvenile Training Centre, given the
frequency and patterns of self-harm there. It was observed that some young people were selfharming because of the influence of their peers. This finding inspired a group approach to
the problem, which yielded significant results that helped to reduce and prevent self-harm.
With regard to the provision of medical assistance in the Juvenile Training Centre, cases of
self-harm are handled by a professional staff nurse, who, where necessary, can refer patients
18
GE.20-17766
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