CAT/OP/CRI/ROSP/1
74.
The Subcommittee takes notes of the fact that solitary confinement as a punishment
is prohibited in the national prison system regulations. Nevertheless, that provision is
inconsistent with article 473 (e) of the Code of Criminal Procedure, which states that a
sentence enforcement judge may “approve periods of isolation exceeding 48 hours, in cells”.
During its visit, the Subcommittee found that isolation in “punishment cells” is approved in
practice by sentence enforcement judges for periods exceeding 48 hours and that such a
measure has been imposed for periods of up to one month, without any medical supervision.
The person in solitary confinement has access to a telephone and is allowed one hour of sun
per day, although the Subcommittee found that one prisoner in solitary confinement had not
been outside or had access to a means of communication for two days.
75.
In some cases, solitary confinement is used as a prison management tool. At the Vilma
Curling closed rehabilitation centre, the Subcommittee interviewed two persons deprived of
their liberty who were being held in solitary confinement cells allegedly because they could
not be relocated to any other cell block for fear they would be attacked. Although one of the
prisoners suffered from multiple injuries, according to the prison doctor, no medical care had
been provided since the prisoner’s placement in solitary confinement.
76.
The Subcommittee recalls that solitary confinement is to be used only in
exceptional circumstances, for strictly limited periods of time, and with medical
supervision and court approval; it must not be used as a prison management tool. Under
the Nelson Mandela Rules, solitary confinement must not exceed a time period of 15
consecutive days. Conditions in solitary confinement cells should be such as to respect
the physical integrity and dignity of persons deprived of their liberty.
Search procedures
77.
In most of the prisons it visited, the Subcommittee heard numerous allegations as to
the use of dormitory searches as a violent form of punishment, in which the prison personnel
destroyed or confiscated the personal belongings of persons deprived of their liberty. In some
prisons, the Subcommittee was informed that persons deprived of their liberty and/or their
family members had been subjected to invasive and humiliating body searches. Several
persons deprived of their liberty claimed to have been subjected to humiliating body cavity
searches, on the pretext of searches for narcotics.
78.
The Subcommittee recommends that the authorities take the necessary measures
to ensure that searches are carried out in a non-violent manner and not with the aim of
intimidating persons deprived of their liberty. The Subcommittee recommends that the
State party ensure that search and entry procedures for visitors are not degrading and
are governed by the Nelson Mandela Rules (rules 50–52 and 60).
Rehabilitation programmes
79.
The Subcommittee received information from the Ministry of Justice and Peace on
the various programmes available in prisons. The Subcommittee does not have enough
information to evaluate the regularity, reliability and reach (measured as the number of
persons deprived of their liberty) of such programmes. However, the interviews conducted
revealed a lack of sufficient and appropriate rehabilitation measures. Most of the persons
interviewed had not been offered the opportunity to participate in physical, recreational,
educational or work-related activities.
80.
Costa Rica has introduced new “comprehensive rehabilitation units”. These units are
in fact three prisons which, according to the Ministry of Justice and Peace, are designed to
lower the risk of recidivism through a prison model that fosters social reintegration. The
Subcommittee visited the Reinaldo Villalobos Zúñiga Unit and noted a significant contrast
with the other prisons it had visited. The prison was clean and well-organized and the persons
deprived of their liberty were not locked in their cell blocks. Few police officers were present
in the educational centre and workshop areas; the Subcommittee was informed that the prison
model emphasized dynamic security. Although some aspects could be improved, the
Subcommittee found that, overall, it would be worthwhile replicating the rehabilitation model
in other Costa Rican prisons.
GE.21-00153
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