CAT/OP/CRI/CSPRO/1
52.
The Ministry of Public Security’s Protocol for the Processing, Transport and
Treatment of Persons in Police Custody – section (d) on the principles governing police
conduct during the processing and transport of persons apprehended and placed in police
custody, paragraph 4 – establishes a standard covering the rights of persons in custody,
including the right to be informed of the reason for one’s arrest, the right not to be compelled
to incriminate oneself, the right to appoint a lawyer of one’s choosing, the right to
communicate with a person of one’s choosing by telephone, the right to the protection of
one’s physical and psychological integrity and the right to medical assistance.
53.
As a means of monitoring compliance with the aforementioned protocol, police legal
advisers conduct visits to police stations and carry out checks on all activities carried out by
the officers, including activities related to the treatment of persons in custody.
54.
In this connection, the Judicial Investigation Agency has a manual on detainee
restraint and transport procedures, a detainee reception and release procedure and a special
directive (No. 119-DG-2014).
55.
There are various police forces in Costa Rica, the main ones being the national police
force, the transport police, the border guard, the criminal investigation police and the prison
police. Other specialized and municipal police forces also exist. Each police force keeps its
own records; the prison police keeps both manual and systematized digital records.
56.
The Ministry of Justice and Peace is fully prepared to participate in the establishment
of a central detention register. The need for such a tool should be assessed, however, since it
could be detrimental rather than beneficial to persons in custody, insofar as it could lead to
the stigmatization of persons currently or formerly deprived of liberty, and even of their
families, by giving a large number of police officers access to the background information
and sensitive data collected in relation to every detention.
57.
Ever since safeguards for persons deprived of liberty were successfully introduced,
the trend in Costa Rica has been not to keep permanent records of detentions and for access
to such records to be limited to that which is strictly necessary. For example, pursuant to the
2016 amendment of the Judicial Records and Archives Act, the time limits applicable to the
deletion of entries from personal criminal records were changed to prevent stigmatization
and to remove obstacles to access to the labour market for persons with a criminal record.
58.
Establishing such a system would require the support and advice of the National
Mechanism for the Prevention of Torture, whose extensive experience would help to ensure
a prudent approach to the Subcommittee’s recommendation based on the lessons learned
from the successful introduction of similar uniform registers in other countries.
59.
The Ministry of Public Security ensures that all persons deprived of liberty are duly
registered through instruments establishing mandatory checks on persons in custody. In this
regard, section 19 of the Protocol for the Processing, Transport and Treatment of Persons in
Police Custody provides that it is mandatory to keep a logbook of arrests and to fill in an
arrest registration form, a template of which is included in the annexes.
60.
Guidelines have been issued on the registration of information in databases managed
by the Directorate General of the Police. Circular No. MSP-DM-DVURFP-109-2020 of 25
May 2020 requires, inter alia, strict respect for the protection of images of minors and the
registration of all police activity in the Arrest and Seizure System, making it possible to
monitor all activities carried out by police officers in respect of persons in custody.
61.
The Judicial Investigation Agency uses a computerized registration and database
management system, the Central Criminal Register, which contains records pertaining to the
reception and release of every person taken into custody by the Judicial Investigation Agency,
his or her personal details, any belongings confiscated, any injuries detected, and any medical
attention provided. Currently, in view of the COVID-19 situation, the Agency has taken
measures to reinforce sanitary measures and handle potential infections appropriately, in
order to protect the health of its staff and the persons in its custody.
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