b) Admissibility of the petition. On July 22, 2011, the Commission adopted Admissibility
Report 105/11, in which it declared the admissibility of the eight petitions, decided to join
them and processed them under case No. 12,820.
c) Merits Report. On April 4, 2014 the Commission adopted Merits Report No. 33/14
(hereinafter “Merits Report” or “Report No. 33/14”), pursuant to Article 50 of the Convention.
In its report, the Commission reached a number of conclusions and made various
recommendations to the State:
i.Conclusions. The Commission concluded that the State was responsible for:
1.
The violation of the right to appeal the judgment as established in Article 8(2)( h) of the American
Convention, in connection with the obligations set forth in Articles 1(1) and 2 thereof, to the detriment of
Manfred Amrhein, Ronald Fernández, Carlos Osborne, Carlos González, Arturo Fallas, Rafael Rojas Madrigal,
Carlos Eduardo Yepes Cruz, Luis Archbold Jay, Enrique Floyd Archbold Jay, Fernando Saldarriaga
[Saldarriaga], Miguel Antonio Valverde, Guillermo Rodríguez Silva, Martín Rojas Hernández, Manuel
Hernández Quesada, Damas Vega Atencio, Miguel Mora Calvo and Jorge Martínez Meléndez.
2.
The violation of the right to an impartial judge established in Article 8(1) of the American
Convention, in connection with the obligations set forth in Article 1(1) thereof, to the detriment of Rafael
Rojas Madrigal.
3.
The violation of the right to personal liberty as established in Articles 7(1), 7(2) and 7(5) of the
American Convention, in connection with the obligations set forth in Article 1(1) thereof, to the detriment of
Jorge Martínez Meléndez.
4.
The violation of the right to humane treatment (personal integrity) as established in Articles 5(1)
and 5(2) of the American Convention, connection with the obligations set forth in Article 1(1) thereof, to the
detriment of Rafael Rojas Madrigal, with respect to the failure to provide access to health services, as well as
to the detriment of all the victims of the instant case who have served their sentence at CAI La Reforma
prison, because of the conditions of detention in said facility.
ii.Recommendations. The Commission made the following recommendations to the State:
1.
To order full reparation for the violations declared in the instant Merits Report, including adequate
compensation.
2.
To order the necessary measures to be taken so that, as soon as possible, the victims are able to
pursue a remedy whereby they obtain a review of their convictions in keeping with Article 8(2)(h) of the
American Convention, under the standards established in the instant report.
3.
To order the necessary measures to ensure that the conditions of detention at CAI La Reforma prison
comply with Inter-American standards on the subject matter. Particularly, ensure that adequate medical care
is made available to persons deprived of liberty at said prison facility, including the victims of the instant case.
d) Notification to the State. On April 28, 2014, the Merits Report was notified to the State,
which was granted an initial period of two months to report on compliance with the
recommendations. Despite the two extensions granted to the State, it did not formally express
its willingness to comply with the recommendations.
e) Submission to the Court. On November 28, 2014, the Commission submitted the case to
the Court “given the need to obtain justice” in light of “all facts and human rights violations
described in the Merits Report.” 3 It asked the Court to declare the international responsibility
of the State for the violations indicated in Report No. 33/14, and to order Costa Rica to comply
with the recommendations contained in said report as measures of reparation.
Manuel Adilio Hernández Quesada (evidence file, folio 5947); 7) Petition P 221-05, submitted on March 3, 2005
by Miguel Mora Calvo. Cf. Petition regarding Miguel Mora Calvo (evidence file, folio 6589), and 8) Petition P 117404, submitted on November 3, 2004, by Damas Vega Atencio. Cf. Petition regarding Damas Vega Atencio
(evidence file, folio 6957).
3
The Commission appointed Commissioner José de Jesús Orozco Henríquez and the then Executive Secretary,
Emilio Álvarez Icaza L. as its delegates before the Court and Elizabeth Abi-Mershed, Assistant Executive Secretary,
Silvia Serrano Guzmán and Erick Acuña Pereda, lawyers of the Executive Secretariat of the Commission, as its
legal advisers.
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