REPORT No. 13/12 PETITION 1064-05 ADMISSIBILITY LUIS FERNANDO GUEVARA DIAZ COSTA RICA March 20, 2012 I. SUMMARY 1. The Inter-American Commission on Human Rights (hereinafter, the “Inter-American Commission” or “IACHR”), received on July 12, 20051 a complaint filed by the Finance Ministry Employees’ Union (SINDHAC) [Sindicato de Empleados del Ministerio de Hacienda ], Mr. Luis Fernando Guevara Díaz, and Ms. María de los Ángeles Díaz Cascante, legal guardian of Mr. Guevara Díaz (hereinafter, “the petitioners”), on behalf of Luis Fernando Guevara Díaz (hereinafter, “the alleged victim”), against the State of Costa Rica (hereinafter, the “State” or “Costa Rica”). The petitioners claim that the State violated the rights of the alleged victim, having allegedly discriminated against him because of his physical disability and having dismissed him from a job he held in the Finance Ministry. 2. The petitioners claim that the State is liable for having violated the norms of the American Convention on Human Rights (hereinafter, the “Convention” or the “American Convention”) as well as Article 18 of the Additional Protocol to the Inter-American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, the “Protocol of San Salvador” (hereinafter, the “Protocol of San Salvador”). They affirm that they exhausted domestic legal remedies by filing an amparo appeal that was decided by the Constitutional Bench of the Supreme Court on 14 February 2005. 3. The State claims that it has not violated human rights, that all domestic legal remedies have not been exhausted, and that there is a pretense to use the IACHR has a court of fourth resort. 4. Without prejudging on the merits of the complaint, having analyzed the positions of the parties and in compliance with the requirements provided in Articles 46 and 47 of the American Convention, the Commission decides to declare the case admissible for the purpose of examination of the alleged violation of the rights enshrined in Articles 8.1, 24, and 25 of the American Convention, in keeping with the provisions of Articles 1.1 and 2 of that Convention. The Commission further decides to notify the parties of this decision, to publish it, and to include it in its Annual Report to the General Assembly of the Organization of American States (OAS). II. PROCEEDINGS BEFORE THE COMMISSION 5. The petition, which was addressed to the IACHR, was originally sent and received on July 12, 2005 at the Inter-American Court of Human Rights. The petition was forwarded by the InterAmerican Court to the IACHR and was received on 19 September 2005. On 11 May 2010, the Commission transmitted the pertinent portions to the State and gave it two months to file its response, in keeping with Article 30.3 of its Regulations. The State filed its response on July 7, 2010; it was duly forwarded to the petitioners. On May 20, 2010, the State requested clarification on the 1 On July 12, 2005 the petition was received by the offices of the Inter-American Court of Human Rights (hereinafter, the “Inter-American Court”) and subsequently sent by that Court to the IACHR, the complaint having been received by the Executive Secretariat of the IACHR on 19 September 2005.