CAT/OP/CRI/RONPM/1
been made public can form the basis of applications to the Fund, in accordance with its
published criteria.
10.
The Subcommittee wishes to express its gratitude to the national preventive
mechanism for its assistance related to the planning and undertaking of the visit.
II. National preventive mechanism
11.
The Ombudsman’s Office was designated as the national preventive mechanism by
Executive Decree No. 33568-RE-MSP-G-J, signed on 13 December 2006 and published on
19 February 2007. The mechanism began functioning as an independent body within the
Ombudsman’s Office on 19 January 2009. The legal status of the national preventive
mechanism became official through the adoption of Act No. 9204 of 2014. In accordance
with article 1 of the Act, the mechanism’s objective is
to protect the fundamental human rights of persons who are in any way deprived of
their liberty and to prevent any act of torture or other cruel, inhuman or degrading
treatment by regularly carrying out inspections of prisons and detention facilities and
centres.
12. Currently, the mechanism has since been designated as a “highly decentralized body”
attached to the Ombudsman’s Office. Pursuant to article 83 of the General Public
Administration Act, highly decentralized bodies do not fall under the usual hierarchy in
which subordinate bodies are subject to the orders, instructions and circulars of a superior
authority. The mechanism enjoys financial independence and autonomy in carrying out its
activities, which are established by national law on the basis of the Optional Protocol.
13.
At the time of the Subcommittee’s visit, the mechanism’s team was composed of a
director, a political scientist and a social worker, as well as an administrative assistant. One
lawyer’s post was waiting to be filled. In cases where the mechanism requires a specialist,
for instance a physician or architect, it requests a loan of staff from the Ombudsman’s
Office, which has greater human resources. Such loans are permitted under article 17 of the
regulations implementing the act that established the mechanism.
14.
The mechanism conducts periodic visits to places in which persons are deprived of
their liberty, in order to observe the treatment of such persons. 2 Following the visits, the
mechanism makes recommendations to the competent authorities with a view to the
prevention of torture and other cruel, inhuman or degrading treatment or punishment.
III. Recommendations to the national preventive mechanism
A.
Structure and independence
15.
During its visit, the Subcommittee noted with satisfaction that the national
preventive mechanism has a strong position and enjoys legitimacy vis-à-vis the Costa Rican
authorities. The mechanism is thus able to fulfil, unimpeded, its mandate of monitoring,
issuing recommendations and engaging in dialogue with the authorities. The mechanism’s
reports contain extensive information relating to its observations and its recommendations
are used to inform decisions by the judicial and executive branches of power.
16.
The Subcommittee is concerned that the mechanism may be understaffed. It
currently lacks human resources and multidisciplinary staff to carry out its work
independently from the Ombudsman’s Office. For instance, the mechanism has to request
the Office’s help in providing drivers, physicians, psychologists and other specialized
workers in order to carry out its daily work.
17.
The Subcommittee recommends that the mechanism consider hiring, as part of
its main team and permanent staff, medical and psychological experts with experience
2
4
Article 5 of the act establishing the mechanism.
GE.19-21442