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within 24 hours of his or her arrest, except when the latter requires additional time in order
to seek the assistance of a defence lawyer of his or her choosing.
43.
Pursuant to articles 11 and 37 of the Constitution of Costa Rica and articles 235, 237,
283 and 284 of the Code of Criminal Procedure, the police may apprehend any person caught
in the act of committing an offence or a contravention and must inform the prosecutor of the
arrest within six hours, so that the latter may take control of the investigation and order the
necessary preliminary measures to promptly gather or safeguard evidence and prevent
suspects from fleeing or going into hiding.
44.
In strict compliance with the aforementioned constitutional and procedural rules, the
Protocol for the Processing, Transport and Treatment of Persons in Police Custody – in
section 7 on police custody procedure, paragraph 1 – provides that persons in custody must
be brought before the competent judicial authority within six hours, and – in paragraph 13 of
the same section – that the maximum period of detention in a holding cell is six hours, unless
the authority in charge of the case requests an extension, in which case the reason for the
extension must be recorded in the detention register.
45.
These measures are in place to prevent periods of custody in excess of six hours. It is
important to note, however, that if the prosecutor orders the detention of a person in custody
pursuant to article 237 of the Code of Criminal Procedure, he or she has 24 hours to determine
that person’s legal status.
46.
All persons deprived of liberty have the same rights and responsibilities, including the
right to receive medical care and treatment as required. Medical attention is provided to
persons deprived of liberty whenever necessary, including when the person in question
requires assistance for injuries linked to the circumstances of his or her arrest or requires
special treatment for a specific illness and needs to undergo a medical examination.
47.
If a person deprived of liberty is injured or falls ill, the competent court or the Public
Prosecution Service must request the competent health-care provider to issue a medical report.
48.
In the light of the health emergency caused by the COVID-19 pandemic, a new
intervention and custody protocol was developed for the police forces under the authority of
the Directorate General of the Police containing guidelines on the treatment and care of
persons deprived of liberty who have been infected with the virus. The protocol determines
the procedure to be followed in such cases to protect police officers and persons deprived of
liberty and defines the conditions in which infected persons in custody should be held to
ensure that they do not come into contact with others, while making the best use of resources
and keeping the risk of infection to a minimum.
49.
Any person deprived of liberty who appears or claims to be the victim of ill-treatment
or physical abuse is examined by a physician in the place of detention or in one of the
hospitals attached to the Costa Rican Social Insurance Fund. A complaint must be filed
immediately if the physician discovers signs of ill-treatment or physical abuse or at the
request of the person concerned. All complaints are assigned a complaint number and a
unique tracing number to facilitate processing. They are submitted to the Public Prosecution
Service, which handles the next steps and applies the appropriate procedure.
50.
The Judicial Investigation Agency performs medical examinations according to an
established documented procedure on all persons deprived of liberty who claim to have been
assaulted if they show signs of physical assault upon entering custody and agree to receive
medical assistance. For budgetary reasons, it is not currently possible to examine every
person taken into custody by the Judicial Investigation Agency throughout the country.
51.
The Public Defence Service monitors compliance with the obligation to provide
medical assistance to persons in police custody during its visits to places of custody. In
accordance with Circular No. 16-ADM-2020, the Public Prosecution Service tasks
prosecutors with making regular visits to prisons and detention facilities to interview persons
deprived of liberty in order to identify possible cases of torture and other cruel, inhuman or
degrading treatment or punishment, abuse of authority, assault or other offences committed
during or in relation to detention, which, if discovered, are subject to criminal prosecution.
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