CAT/OP/CRI/CSPRO/1 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. GE.20-17766 7

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