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presentation of its reports. Under article 23 of the Act approving the Optional Protocol and
article 12 of the Act establishing the National Mechanism for the Prevention of Torture, the
Government undertakes to publish and disseminate the mechanism’s annual reports.
III. Legal and institutional framework for the prevention of
torture and ill-treatment
A.
Classification of torture as an offence and obstacles to investigating
cases of torture (paras. 15, 21, 22 and 23)
9.
Legislative Assembly. Bill No. 22171 establishing hate crimes, racial discrimination
and other human rights violations as separate offences is currently before the Legislative
Assembly. Its aim is to bring the crime of torture into line with the definition set out in
international treaties, through the following provision:
Torture
Article 386 bis.- Anyone who inflicts pain or physical or mental suffering on another
person, or intimidates or coerces another person in connection with an act they have
committed or are suspected of committing, in order to obtain information or a
confession from them or from a third party, or on grounds of skin colour, physical
characteristics, race, ethnicity, sex, religion, disability, nationality, sexual orientation,
gender identity, political views, social origin, economic status or health condition,
shall be punished by 3 to 10 years’ imprisonment.
If such acts are committed by a public official, the penalty shall be 5 to 12 years’
imprisonment and 2 to 8 years’ disqualification from office.
10.
The Public Prosecution Service has stated its willingness to work with the Legislative
Assembly on introducing a new criminal offence of torture, which would be in line with the
definition established in international treaties, in order to properly characterize unlawful acts
inflicted by or at the instigation of or with the consent or acquiescence of a public official,
upon persons deprived of their liberty.
11.
Since the adoption of Act No. 8189 of 18 December 2001, which added an article 123
bis to the Criminal Code, the offence of torture has been set forth under the “Injury” section
of the title “Offences against life” of the Code.
12.
Article 123 bis represents a significant advance in the fulfilment of the Convention
insofar as it incorporates a definition of the offence that is closely aligned with the one
contained in article 1 of the Convention.
13.
The definition of this offence has reinforced other guarantees contained in the Code
of Criminal Procedure (Act No. 7594 of 10 April 1996). For example, article 96 states that
under no circumstances may accused persons be subjected to any form of coercion or threat;
nor may any means be used to oblige, induce or cause them to make statements against their
will; nor may any charges or counterclaims be laid against them with a view to obtaining a
confession.
14.
Costa Rica takes the view that tackling the problem of torture requires the State to
provide victims with assistance and protection and to safeguard their rights, including the
means of obtaining redress and rehabilitation and the right to fair and adequate compensation.
15.
The Public Defence Service, which is attached to the judicial branch, participates in
the following commissions that address the issue of deprivation of liberty, as well as torture
and ill-treatment:
• The Criminal Affairs Commission
• The Access to Justice Commission for persons deprived of their liberty
GE.20-17766
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