CAT/OP/CRI/CSPRO/1
B.
Prisons
Allegations of torture and ill-treatment (para. 44)
62.
The Ministry of Public Security provides various means for citizens to report cruel
treatment: reports can be submitted through the “9-1-1 Emergency” platform; by telephone
at 2586-4399 and 2227-6824; by email at contralo@seguridadpublica.go.cr; through the
reports and complaints form on the Ministry’s website, on the web page of the Office of the
Comptroller of Services (https://www.seguridadpublica.go.cr/contraloria/denuncia.aspx); or
in person. The Office of the Comptroller is staffed by legal and administrative professionals
who are independent of the law enforcement authorities.
63.
Police officers receive training on the prosecution and punishment of cruel treatment
as part of their initial training programme. They are also expected to familiarize themselves
with instruments compliance with which is mandatory, such as circular No. 145-2017-DGFPA of 2 November 2017, which prohibits all forms of cruel treatment and establishes a
commitment in this regard.
64.
In accordance with the Subcommittee’s recommendations, the Ministry of Public
Security has taken various measures with regard to its mechanisms for reporting possible acts
of torture or ill-treatment against persons deprived of their liberty. Some of the measures
taken are described in the following documents, which are included in the annexes:
• Directive No. MSP-DM-DVURFP-DGFP-02-2019, update to the Protocol for the
Processing, Transport and Treatment of Persons in Police Custody
• Circular No. MSP-DM-DVURFP-DGFP-109-2020, general guidelines for the
registration of information in databases managed by the Directorate General of the
Police
• Circular No. 145-2017-DGFP-A, legal grounds for arrest, searches, use of balaclavas
and use of official vehicles
• Circular No. MSP-DM-DVURFP-DGFP-DO-PYO-0046-2020, intervention and
custody protocol for the police forces of the Directorate General of the Police in the
context of the national COVID-19 emergency
Overcrowding (paras. 47 and 51)
65.
The Ministry of Justice and Peace agrees that reducing overcrowding will require
much more than the construction of new prisons. Crime is a social phenomenon that reflects
the deep-rooted structural realities of our region, and unfortunately imprisonment rates are
on the increase. For so long as new offences carrying custodial sentences continue to be
established while no substantial progress is made in addressing the root causes of crime, it
will continue to be very difficult to reduce the levels of prison overcrowding in Costa Rica.
66.
It has been recognized that there is a need to establish a high-level national
commission involving the three branches of State and representatives of specialized agencies,
academia and civil society for the purpose of defining public policies on criminal justice
capable of paving a coherent path forward.
67.
While the Ministry of Justice and Peace has continued to build new prisons, it remains
committed to the idea of establishing such a commission in order to draw up medium- and
long-term policies that can bring about a reduction in crime rates, recidivism and prison
overcrowding.
68.
A methodology to determine the capacity of prisons has already been established and
is being applied throughout the prison system. It was developed by the Department of
Architecture, in view of the need for a prison infrastructure model that meets the basic
accommodation and security needs of prisoners and staff.
69.
The Department of Architecture, which is part of the Ministry of Justice and Peace,
carried out a comprehensive assessment of all available prison space and used this assessment
to establish a methodology for designing and assessing prisoner accommodation. The process
was carried out in accordance with national legislation, in particular the Building Regulations
GE.20-17766
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