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COMMITTEE AGAINST TORTURE BEGINS REVIEW OF REPORT OF COSTA RICA
05 May 2008
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Committee against Torture
MORNING
5 May 2008
The Committee against Torture this morning began its consideration of the second periodic report of Costa Rica on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Christian Guillermet, Senior Ambassador and Director General for Foreign Policy at the Ministry of Foreign Relations of Costa Rica, said that the offence of torture had been recently criminalised. It could now lead to imprisonment from three to ten years and this could go up to twelve years if the indicted individual was a public official. This had been an important step. International treaties, once approved by the Legislative Assembly, had a higher authority than domestic laws.
Costa Rica had a long standing tradition of political asylum, said Mr. Guillermet. Throughout history, many had come to Costa Rica to seek protection. The Government had rejected the asylum request of Mr. Mario de Jesus Uribe Escobar, on the basis of available information and with respect to the norms for granting asylum. His application had been seen as inappropriate. He was purportedly sought for the offence of carrying out crimes and supporting armed groups. Mr. Uribe should not escape the Columbian justice.
Serving as Rapporteur for the report of Costa Rica, Committee Expert Nora Sveaass said that on the training of personnel, it was positive to see that this issue had been addressed so thoroughly by the State Party. Forty pages out of the 70 pages of the report dealt with this matter; this showed how important this issue was for Costa Rica. It was also positive to note that the introduction of the crime of torture into the criminal code had happened just half a year after the consideration of the initial report. However it did not cover the crimes of acquiescence and consent of torture. Were there any other provisions covering these crimes?
Luis Gallegos, the Committee Expert serving as Co-Rapporteur for the report of Costa Rica, noted that training in human rights was going to be reduced; this was seen as counterproductive. What were the effects of the training? How was it evaluated and how did the State ensure that it was effective? Also, the increase of violence in the Costa Rican society was worrying as it could lead to a saturation of prisons. The migrant issue was the most important one, underlined Mr. Gallegos. Xenophobia against Columbians was surprising. Public officials should launch a campaign against expressions of this kind. The detention of migrants seemed to have no limited period of time and this was worrying.
Other issues of concern raised by Experts included counter terrorism, with an Expert stating that the situation was very different between Central and North America. Had there been any discussions in parliament about this issue? Also, what legal instruments were used to reject the application of Mr. Uribe? An Expert said that it seemed that there were categories of nationals who did not have access to justice and this was worrying.
Also representing the delegation of Costa Rica were members of the Costa Rican Permanent Mission to the United Nations Office at Geneva.
The delegation will return to the Committee at 3 p.m. on Tuesday, 6 May 2008, to provide its responses to the questions raised today.
Costa Rica is among the 145 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m. this afternoon, it will hear the answers of Algeria to the questions posed by Experts on 2 May 2008.
Report of Costa Rica
The second periodic report of Costa Rica (CAT/C/CRI/2) notes that one of the most important aspects to be underlined was the approval by the Legislative Assembly of an addition to an article of the Criminal Code stating that the act of inflicting on a person pain or physical or mental suffering, or intimidating or coercing a person by reason of an act which he or she has committed or is suspected of committing, or in order to obtain from him or her or from a third person information or a confession, or on grounds of race, nationality, sex, age, political, religious or sexual preferences, social position, economic situation or civil status, shall be punished by imprisonment of three to ten years. According to the statistical records of the Costa Rican prison system, during the period 2001-September 2005, a total of 73 prisoners died in the institutions of the national prison system, for various reasons including homicide, suicide and natural causes. As for deportations carried out by the General Directorate for Migration and Aliens, during 2002-2005 most of them concerned Nicaraguans in an irregular situation; other significant groups were Colombians, Ecuadoreans and Peruvians. Costa Rica, as established by various reports by States and non-governmental organizations, has no recorded cases of judicial, extra-judicial or political assassinations or disappearances, not is it Government policy to violate human rights in any of the wide variety of possible ways. Costa Rica has the highest refugee population in Latin America. Some 13,500 persons live in the country under this statutory regime, 8,500 of whom are Colombians.
The report also notes that the officers of the Prison Police, in the context of their induction training, receive a course entitled “Constitution and fundamental rights”, which reinforces the idea of observance of prisoners’ fundamental rights. As for the human rights programme taught to the police forces, the course aims to ensure that the members of the security forces observe human rights, for which it is essential that they understand the importance of human rights at national and international levels, observance and application of them in the exercise of their police duties and the rights that help the responsible official to enforce the law. Prisoners must be treated at all times as human beings enjoying all their rights, for whom the principles inherent in their dignity and equality in relation to all human beings must be an essential principle. In August 2005 the total population in prison centres was 13,143; the total number of inmates between 2001 and 2005 was increasing and, although low in percentage terms, this growth led to a substantial burden on the Government authorities since it was necessary to extend the prisons and find real solutions to the overcrowding problems in the prisons. Regarding care for AIDS in the penitentiary centres, in 1986, when four cases of HIV/AIDS were detected at the San José institutional penal centre, the Department of Social Adaptation and the Ministry of Justice launched initiatives for the care and prevention of this disease in prisons, despite the high profile of the issue at the time.
Presentation of Report
CHRISTIAN GUILLERMET, Senior Ambassador and Director General for Foreign Policy at the Ministry of Foreign Relations of Costa Rica, said that the report had been drafted on the basis of broad consultations with State institutions and civil society. It was seen as an internal evaluation report. A set of institutional weaknesses had been identified during the process of drafting the report and they had tried to bring remedies to these with the collaboration of the concerned authorities. The report was frank and it mentioned the areas where the country had shortcomings.
Mr. Guillermet underlined that for several decades, Costa Rica had been promoting and protecting all fundamental rights for all of its citizens and persons living on its territory. The Government was committed to upholding the right to life and no one should be submitted to cruel treatment or torture. In parallel with constitutional guarantees there was a whole body of legal instruments protecting the rights of individuals. The offence of torture had been recently criminalised. It could now lead to imprisonment from three to ten years and this could go up to twelve years if the indicted individual was a public official. This had been an important step.
Mr. Guillermet pointed out that international treaties, once approved by the Legislative Assembly, had a higher authority than the domestic laws. The jurisprudence of the Constitutional Chamber had often recognised that international treaties not only had the same value as law but that they also prevailed over the Constitution.
With respect to acts of torture, Costa Rica had devoted most of its efforts to monitoring the respect of the prohibition on torture, Mr. Guillermet said. A number of bodies carried out this monitoring, including the Public Defenders’ Office and other internal offices as well as justice and constitutional courts. The Costa Rican State had taken a set of administrative, judicial and legislative measures to prevent acts of torture. Measures had also been taken to improve and increase the training of the police force to ensure better treatment for all. In addition, the matter of human rights had been included into the training programmes, in line with the recommendations of the Committee after its consideration of the initial report.
Mr. Guillermet pointed out that Costa Rica had been very pleased to preside over the work which had given rise to the Optional Protocol to the Convention against Torture. This was an indispensable instrument that allowed the monitoring of the situation in prisons. Costa Rica had ratified the Optional Protocol in 2005.
Costa Rica also had a long standing tradition of political asylum, said Mr. Guillermet. Throughout history, many had come to Costa Rica to seek protection. The Government had rejected the asylum request of Mr. Mario de Jesus Uribe Escobar, on the basis of available information and with respect to the norms for granting asylum. His application had been seen as inappropriate. He was purportedly sought for the offence of carrying out crimes and supporting armed groups. Mr. Uribe should not escape the Columbian justice.
Refugees were seen as persons who provided contributions to the development of the country. Migrants were continuously welcome. Costa Rica was a developing country and the contribution of migrant workers was highly valued, noted Mr. Guillermet. Conditions were created for them to be well included into the society and the State had appropriate bodies in place allowing them to appeal in the case their rights were not being respected.
The situation of minority groups was also of importance, said Mr. Guillermet; in particular, the indigenous community had to be helped, especially in the socio-economic sector. Judges of the Republic carried out consultations with indigenous people before ruling on disputes, and they informed them about the scope of conflict. Further, the police, prison staff and law enforcement services were thoroughly trained in human rights and the national police school regularly carried out evaluations in this regard.
Questions Raised by Committee Experts
NORA SVEAASS, the Committee Chairperson serving as Rapporteur for the Report of Costa Rica, said that Costa Rica was a nation that could look back at a long lasting tradition of peace and respect of human rights. It was the home of the Inter-American Court of Human Rights and had also been one of the first countries to set up an Ombudsman for children. The signing of the Optional Protocol to the Convention against Torture in 2005 was welcomed. Concerning training of personnel, it was positive to see that this issue had been addressed so thoroughly by the State party. Forty pages out of the 70 pages of the report dealt with this matter; this showed how important this issue was for Costa Rica.
It was also positive to note that the introduction of the crime of torture into the criminal code had happened just half a year after the consideration of the initial report, said Ms. Sveaass. However, she wondered why torture was not mentioned in the Constitution and why the mention in the Criminal Code did not include the full text as proposed by the Committee. It did not cover the crimes of acquiescence and consent of torture. Were there any other provisions covering this? Also, why was the suspension from office for a public official convicted of a crime of torture limited in time?
Ms. Sveaass noted that many persons in Costa Rica had been sentenced for abuse of power. She wondered whether the crime of torture would have been more correct in these cases. On the personal details recorded when someone was arrested, who had access to it? How long did it take for someone in pre-trial detention to be brought before a judge? Did it ever happen that the legally authorized incommunicado detention lasted longer that the authorized ten days? What was the maximum length of detention for pre-trial detention?
Concerning potential victims of trafficking in asylum seeking centres, what measures had been taken to ensure that such cases were not being overlooked? Ms. Sveaass noted that there was a lot of tension at the Costa Rican borders as many people wanted to enter the country. There had been allegations of violence by border control personnel. What was being done to address this issue? Concerning young asylum seekers, was there a way to find out if they had been victims of trafficking or had been involved in armed conflicts? When the number of asylum seekers was very high, it was a challenge to find out who was in most need of protection. It had also been reported that people had been stopped at 50 km from the border outside the country. What were the legal provisions to ensure that people in need of protection were not being sent back without processes being initiated?
LUIS GALLEGOS, the Committee Expert serving as Co-Rapporteur for the Report of Costa Rica, noted that training in human rights was going to be reduced; this was seen as counterproductive. What were the effects of the training? How was it evaluated? How did they ensure that it was effective?
Mr. Gallegos said that there had been a parallel report issued by the lesbian and gay human rights commission which addressed several issues. The delegation was asked to elaborate on this subject. Many issues in the report lacked specific details and statistics. Also, the increase of violence in the Costa Rican society was worrying as it could lead to a saturation of prisons. There was overcrowding in prisons in many developing countries and issues about the treatment of detainees, juveniles and females thus arose.
Concerning domestic violence, Mr. Gallegos said that the State was responsible for preventing it. It was a matter of universal concern. How was it criminalized in Costa Rica? Also, did Costa Rica permit the manufacturing of products that could be used for torture purposes?
The migrant issue was the most important one, underlined Mr. Gallegos. Xenophobia against Columbians was surprising. Public officials should launch a campaign against expressions of this kind. The detention of migrants seemed to have no limited period of time and this was worrying.
Other Committee Experts asked questions and made comments about various issues, including how basic information on human rights was made available in places of detention. Also, it seemed that there were categories of nationals that did not have access to justice and this was worrying. Nothing had been mentioned about juvenile delinquents and street children in the report. What happened to them? There was a decrease in the number of children in custody, was it because there was a decrease in delinquency or was it because the issue was being taken less care of?
Was the principle of non-refoulement to a country where an individual risked to be tortured respected by the asylum law? With respect to counter terrorism, it was noted that the situation was very different between Central and North America. Had there been any discussions in parliament about this issue? Also, what legal instruments had been used to reject the application of Mr. Uribe?
____________
For use of the information media; not an official record
MORNING
5 May 2008
The Committee against Torture this morning began its consideration of the second periodic report of Costa Rica on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing the report, Christian Guillermet, Senior Ambassador and Director General for Foreign Policy at the Ministry of Foreign Relations of Costa Rica, said that the offence of torture had been recently criminalised. It could now lead to imprisonment from three to ten years and this could go up to twelve years if the indicted individual was a public official. This had been an important step. International treaties, once approved by the Legislative Assembly, had a higher authority than domestic laws.
Costa Rica had a long standing tradition of political asylum, said Mr. Guillermet. Throughout history, many had come to Costa Rica to seek protection. The Government had rejected the asylum request of Mr. Mario de Jesus Uribe Escobar, on the basis of available information and with respect to the norms for granting asylum. His application had been seen as inappropriate. He was purportedly sought for the offence of carrying out crimes and supporting armed groups. Mr. Uribe should not escape the Columbian justice.
Serving as Rapporteur for the report of Costa Rica, Committee Expert Nora Sveaass said that on the training of personnel, it was positive to see that this issue had been addressed so thoroughly by the State Party. Forty pages out of the 70 pages of the report dealt with this matter; this showed how important this issue was for Costa Rica. It was also positive to note that the introduction of the crime of torture into the criminal code had happened just half a year after the consideration of the initial report. However it did not cover the crimes of acquiescence and consent of torture. Were there any other provisions covering these crimes?
Luis Gallegos, the Committee Expert serving as Co-Rapporteur for the report of Costa Rica, noted that training in human rights was going to be reduced; this was seen as counterproductive. What were the effects of the training? How was it evaluated and how did the State ensure that it was effective? Also, the increase of violence in the Costa Rican society was worrying as it could lead to a saturation of prisons. The migrant issue was the most important one, underlined Mr. Gallegos. Xenophobia against Columbians was surprising. Public officials should launch a campaign against expressions of this kind. The detention of migrants seemed to have no limited period of time and this was worrying.
Other issues of concern raised by Experts included counter terrorism, with an Expert stating that the situation was very different between Central and North America. Had there been any discussions in parliament about this issue? Also, what legal instruments were used to reject the application of Mr. Uribe? An Expert said that it seemed that there were categories of nationals who did not have access to justice and this was worrying.
Also representing the delegation of Costa Rica were members of the Costa Rican Permanent Mission to the United Nations Office at Geneva.
The delegation will return to the Committee at 3 p.m. on Tuesday, 6 May 2008, to provide its responses to the questions raised today.
Costa Rica is among the 145 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m. this afternoon, it will hear the answers of Algeria to the questions posed by Experts on 2 May 2008.
Report of Costa Rica
The second periodic report of Costa Rica (CAT/C/CRI/2) notes that one of the most important aspects to be underlined was the approval by the Legislative Assembly of an addition to an article of the Criminal Code stating that the act of inflicting on a person pain or physical or mental suffering, or intimidating or coercing a person by reason of an act which he or she has committed or is suspected of committing, or in order to obtain from him or her or from a third person information or a confession, or on grounds of race, nationality, sex, age, political, religious or sexual preferences, social position, economic situation or civil status, shall be punished by imprisonment of three to ten years. According to the statistical records of the Costa Rican prison system, during the period 2001-September 2005, a total of 73 prisoners died in the institutions of the national prison system, for various reasons including homicide, suicide and natural causes. As for deportations carried out by the General Directorate for Migration and Aliens, during 2002-2005 most of them concerned Nicaraguans in an irregular situation; other significant groups were Colombians, Ecuadoreans and Peruvians. Costa Rica, as established by various reports by States and non-governmental organizations, has no recorded cases of judicial, extra-judicial or political assassinations or disappearances, not is it Government policy to violate human rights in any of the wide variety of possible ways. Costa Rica has the highest refugee population in Latin America. Some 13,500 persons live in the country under this statutory regime, 8,500 of whom are Colombians.
The report also notes that the officers of the Prison Police, in the context of their induction training, receive a course entitled “Constitution and fundamental rights”, which reinforces the idea of observance of prisoners’ fundamental rights. As for the human rights programme taught to the police forces, the course aims to ensure that the members of the security forces observe human rights, for which it is essential that they understand the importance of human rights at national and international levels, observance and application of them in the exercise of their police duties and the rights that help the responsible official to enforce the law. Prisoners must be treated at all times as human beings enjoying all their rights, for whom the principles inherent in their dignity and equality in relation to all human beings must be an essential principle. In August 2005 the total population in prison centres was 13,143; the total number of inmates between 2001 and 2005 was increasing and, although low in percentage terms, this growth led to a substantial burden on the Government authorities since it was necessary to extend the prisons and find real solutions to the overcrowding problems in the prisons. Regarding care for AIDS in the penitentiary centres, in 1986, when four cases of HIV/AIDS were detected at the San José institutional penal centre, the Department of Social Adaptation and the Ministry of Justice launched initiatives for the care and prevention of this disease in prisons, despite the high profile of the issue at the time.
Presentation of Report
CHRISTIAN GUILLERMET, Senior Ambassador and Director General for Foreign Policy at the Ministry of Foreign Relations of Costa Rica, said that the report had been drafted on the basis of broad consultations with State institutions and civil society. It was seen as an internal evaluation report. A set of institutional weaknesses had been identified during the process of drafting the report and they had tried to bring remedies to these with the collaboration of the concerned authorities. The report was frank and it mentioned the areas where the country had shortcomings.
Mr. Guillermet underlined that for several decades, Costa Rica had been promoting and protecting all fundamental rights for all of its citizens and persons living on its territory. The Government was committed to upholding the right to life and no one should be submitted to cruel treatment or torture. In parallel with constitutional guarantees there was a whole body of legal instruments protecting the rights of individuals. The offence of torture had been recently criminalised. It could now lead to imprisonment from three to ten years and this could go up to twelve years if the indicted individual was a public official. This had been an important step.
Mr. Guillermet pointed out that international treaties, once approved by the Legislative Assembly, had a higher authority than the domestic laws. The jurisprudence of the Constitutional Chamber had often recognised that international treaties not only had the same value as law but that they also prevailed over the Constitution.
With respect to acts of torture, Costa Rica had devoted most of its efforts to monitoring the respect of the prohibition on torture, Mr. Guillermet said. A number of bodies carried out this monitoring, including the Public Defenders’ Office and other internal offices as well as justice and constitutional courts. The Costa Rican State had taken a set of administrative, judicial and legislative measures to prevent acts of torture. Measures had also been taken to improve and increase the training of the police force to ensure better treatment for all. In addition, the matter of human rights had been included into the training programmes, in line with the recommendations of the Committee after its consideration of the initial report.
Mr. Guillermet pointed out that Costa Rica had been very pleased to preside over the work which had given rise to the Optional Protocol to the Convention against Torture. This was an indispensable instrument that allowed the monitoring of the situation in prisons. Costa Rica had ratified the Optional Protocol in 2005.
Costa Rica also had a long standing tradition of political asylum, said Mr. Guillermet. Throughout history, many had come to Costa Rica to seek protection. The Government had rejected the asylum request of Mr. Mario de Jesus Uribe Escobar, on the basis of available information and with respect to the norms for granting asylum. His application had been seen as inappropriate. He was purportedly sought for the offence of carrying out crimes and supporting armed groups. Mr. Uribe should not escape the Columbian justice.
Refugees were seen as persons who provided contributions to the development of the country. Migrants were continuously welcome. Costa Rica was a developing country and the contribution of migrant workers was highly valued, noted Mr. Guillermet. Conditions were created for them to be well included into the society and the State had appropriate bodies in place allowing them to appeal in the case their rights were not being respected.
The situation of minority groups was also of importance, said Mr. Guillermet; in particular, the indigenous community had to be helped, especially in the socio-economic sector. Judges of the Republic carried out consultations with indigenous people before ruling on disputes, and they informed them about the scope of conflict. Further, the police, prison staff and law enforcement services were thoroughly trained in human rights and the national police school regularly carried out evaluations in this regard.
Questions Raised by Committee Experts
NORA SVEAASS, the Committee Chairperson serving as Rapporteur for the Report of Costa Rica, said that Costa Rica was a nation that could look back at a long lasting tradition of peace and respect of human rights. It was the home of the Inter-American Court of Human Rights and had also been one of the first countries to set up an Ombudsman for children. The signing of the Optional Protocol to the Convention against Torture in 2005 was welcomed. Concerning training of personnel, it was positive to see that this issue had been addressed so thoroughly by the State party. Forty pages out of the 70 pages of the report dealt with this matter; this showed how important this issue was for Costa Rica.
It was also positive to note that the introduction of the crime of torture into the criminal code had happened just half a year after the consideration of the initial report, said Ms. Sveaass. However, she wondered why torture was not mentioned in the Constitution and why the mention in the Criminal Code did not include the full text as proposed by the Committee. It did not cover the crimes of acquiescence and consent of torture. Were there any other provisions covering this? Also, why was the suspension from office for a public official convicted of a crime of torture limited in time?
Ms. Sveaass noted that many persons in Costa Rica had been sentenced for abuse of power. She wondered whether the crime of torture would have been more correct in these cases. On the personal details recorded when someone was arrested, who had access to it? How long did it take for someone in pre-trial detention to be brought before a judge? Did it ever happen that the legally authorized incommunicado detention lasted longer that the authorized ten days? What was the maximum length of detention for pre-trial detention?
Concerning potential victims of trafficking in asylum seeking centres, what measures had been taken to ensure that such cases were not being overlooked? Ms. Sveaass noted that there was a lot of tension at the Costa Rican borders as many people wanted to enter the country. There had been allegations of violence by border control personnel. What was being done to address this issue? Concerning young asylum seekers, was there a way to find out if they had been victims of trafficking or had been involved in armed conflicts? When the number of asylum seekers was very high, it was a challenge to find out who was in most need of protection. It had also been reported that people had been stopped at 50 km from the border outside the country. What were the legal provisions to ensure that people in need of protection were not being sent back without processes being initiated?
LUIS GALLEGOS, the Committee Expert serving as Co-Rapporteur for the Report of Costa Rica, noted that training in human rights was going to be reduced; this was seen as counterproductive. What were the effects of the training? How was it evaluated? How did they ensure that it was effective?
Mr. Gallegos said that there had been a parallel report issued by the lesbian and gay human rights commission which addressed several issues. The delegation was asked to elaborate on this subject. Many issues in the report lacked specific details and statistics. Also, the increase of violence in the Costa Rican society was worrying as it could lead to a saturation of prisons. There was overcrowding in prisons in many developing countries and issues about the treatment of detainees, juveniles and females thus arose.
Concerning domestic violence, Mr. Gallegos said that the State was responsible for preventing it. It was a matter of universal concern. How was it criminalized in Costa Rica? Also, did Costa Rica permit the manufacturing of products that could be used for torture purposes?
The migrant issue was the most important one, underlined Mr. Gallegos. Xenophobia against Columbians was surprising. Public officials should launch a campaign against expressions of this kind. The detention of migrants seemed to have no limited period of time and this was worrying.
Other Committee Experts asked questions and made comments about various issues, including how basic information on human rights was made available in places of detention. Also, it seemed that there were categories of nationals that did not have access to justice and this was worrying. Nothing had been mentioned about juvenile delinquents and street children in the report. What happened to them? There was a decrease in the number of children in custody, was it because there was a decrease in delinquency or was it because the issue was being taken less care of?
Was the principle of non-refoulement to a country where an individual risked to be tortured respected by the asylum law? With respect to counter terrorism, it was noted that the situation was very different between Central and North America. Had there been any discussions in parliament about this issue? Also, what legal instruments had been used to reject the application of Mr. Uribe?
____________
For use of the information media; not an official record
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