238. Various States of the region, such as Argentina,333 Costa Rica,334 Dominican 335 Republic, El Salvador,336 Honduras,337 and Nicaragua,338 have recognized that, arising from the control of legality or constitutionality of the enforcement of sentences, such judges have the obligation to ensure the observance of respect for and the guarantee of the human rights of persons deprived of liberty. 239. According to the State, the criminal enforcement courts of Guatemala are special courts whose role is to monitor compliance and enforcement of prison sentences and decide on matters that arise during enforcement of the sentence. These courts also supervise security measures, principal and accessory penalties and all of the regimes to which convicted persons are subject, including cases of conditional suspension of criminal proceedings. According to the State, the enforcement courts were established under the Code of Criminal Procedure of 1992, as institutions of an eminently judicial nature responsible for “the enforcement of Cf. Code of Criminal Procedure of Buenos Aires Province. "Article 25- Enforcement Judge– the Enforcement Judge shall examine: […] 3. Matters concerning the observance of all guarantees including those in the national and provincial Constitutions and in International Treaties concerning the treatment to be given to persons deprived of their liberty who are convicted.” 333 Judgment of the Constitutional Chamber of the Supreme Court of Costa Rica, Judgment Nº 10543, File: 00010539-0007-CO of October 17, 2001, states: "(…) it has been recognized that the treatment or enforcement of sentences must be inspired by the principle of humanity, inasmuch as the person deprived of liberty retains all the basic rights that that have not been limited as a logical consequence of the sentence imposed (...) The foregoing is consistent with the most qualified doctrine and constitutional case law, which indicates that in the enforcement of sentences, that the administration may only impose certain limitations on the human rights of inmates, in accordance with the legal system (Principle of Legality). In this regard, Article 40 of the Constitution, which prohibits cruel or degrading treatment acquires major importance, and may be interpreted in many ways, as the result of deliberate intent, weaknesses in the organization of prison services or lack of resources." 334 335 Cf. Dominican Code of Criminal Procedure, Articles 74 and 437: "Article 74: Criminal enforcement judges are responsible for supervising the enforcement of Judgments, the conditional suspension of proceedings, and the substantiation and settlement of all matters concerning the enforcement of the sentence." "Article 437: The enforcement judge will monitor full compliance with condemnatory sentences and will decide on all matters arising during enforcement. The petitions submitted will be decided according to the procedure for incidental motions under this heading. The enforcement judge may order any necessary inspections and visits to prison establishments, and may summon the inmates or the authorities of those establishments to appear before him, for the purposes of monitoring and control. He will issue, ex officio, the measures deemed appropriate to correct and prevent any failings observed in the operation of the system, and will order the competent authority to implement these as required. The enforcement judge will also monitor compliance with the terms imposed in the conditional suspension of the proceeding, based on the reports received and, as appropriate, will transmit these to the competent judge for their revocation or for the declaration of extinction of the criminal action." Cf. Code of Criminal Procedure of El Salvador, Article 340: “The enforcement judge will be responsible for overseeing the treatment of the detainee (...)". 336 Cf. Code of Criminal Procedure of Honduras, Article 382, subparagraphs 5 and 6. "Article 382: (...) 5) Based on studies by the technical teams of prison establishments, settle the claims of inmates against decisions concerning their initial classification and the progression and regression of the treatment period; and, 6) Reach appropriate agreement on complaints formulated by inmates in penal institutions, in relation to the system and its operation, or regarding the treatment that they receive, when their fundamental rights or their prison rights and benefits are affected." 337 Cf. Code of Criminal Procedure of the Republic of Nicaragua, Art. 411: "Illness of prisoners. If during the enforcement of the prison sentence, the convicted person suffers an illness that cannot be treated adequately in the prison and poses a serious risk to their health or life, the Enforcement Judge shall order, based on medical reports, the internment of the sick inmate in an appropriate establishment and shall order the measures necessary to prevent his escape (...)." 338 Similarly, see Article 23 of the Ley de Ejecución, beneficios y control jurisdiccional de la sanción penal. Law No. 745, of December 1, 2010 that establishes that the Judge of Criminal Enforcement and Prison Monitoring must visit prisons or remand centers at least twice a month. 75