25
order to protect his (…) life (…).”126 The General Directorate replied that it would examine “the
possibility of placing him in another prison establishment.”127
102. On March 28, 2007, the Court of Sentence Execution of Alajuela denied a request for
medical care leave filed by Mr. Rojas.128 The alleged victim indicated that he had not been treated at CAI
La Reforma prison even though he has diabetes.129 The Court of Sentence Execution noted that based
on a forensic medical examination submitted to it, it discards that he is suffering from an disease that
cannot be treated in the prison facility.130 It also noted that there is no evidence of negligence, neglect
or arbitrariness by prison medical officials, which in any way has infringed the right to life or health of
Mr. Rojas.131
103. On January 28, 2008, CAI La Reforma officials reported that they offered Mr. Rojas a
chance to be transferred to another prison facility.132 They claimed that Mr. Rojas stated that “he
declines the offer, because he would lose [his] family tie and climate conditions of the location would
affect [him], including his health.“133 They further noted that he contended that “at this time his is fine
in the place where he is and his physical integrity is not at risk.”134
104. On May 29, 2008, the Constitutional Chamber denied the petition for amparo relief filed
by more than ten persons deprived of liberty of the CAI La Reforma prison facilities, including Mr. Rojas,
on May 5, 2008.135 Said persons requested that prison officials be required to provide nourishment that
is satisfactory and is sufficient for all inmates, inasmuch as food is rationed and is inadequate.136 The
Constitutional Chamber concluded that the serving of meals was conducted by the inmates themselves,
which “directly places at risk the physical integrity and therefore the right to life and health of the
126
Annex 60. Official Letter D.G. 101-2007 of the General Directorate of Social Adaptation, dated January 17, 2007.
Annex to petitioner’s communication of March 7, 2007.
127
Annex 60. Official Letter D.G. 101-2007 of the General Directorate of Social Adaptation, dated January 17, 2007.
Annex to petitioner’s communication of March 7, 2007.
128
Annex 61. Decision No. 1004-2007 of the Sentence Execution Court of Alajuela, dated March 28, 2007. Annex to
petitioner’s communication of August 18, 2009.
129
Annex 61. Decision No. 1004-2007 of the Sentence Execution Court of Alajuela, dated March 28, 2007. Annex to
petitioner’s communication of August 18, 2009.
130
Annex 61. Decision No. 1004-2007 of the Sentence Execution Court of Alajuela, dated March 28, 2007. Annex to
petitioner’s communication of August 18, 2009.
131
Annex 61. Decision No. 1004-2007 of the Sentence Execution Court of Alajuela, dated March 28, 2007. Annex to
petitioner’s communication of August 18, 2009.
132
Annex 62. Treatment Report of the CAI La Reforma prison, dated January 28, 2008. Annex to petitioner’s
communication of February 4, 2008.
133
Annex 62. Treatment Report of the CAI La Reforma prison, dated January 28, 2008. Annex to petitioner’s
communication of February 4, 2008.
134
Annex 62. Treatment Report of the CAI La Reforma prison, dated January 28, 2008. Annex to petitioner’s
communication of February 4, 2008.
135
Annex 63. Decision No. 2008-009067 of the Constitutional Chamber, dated May 29, 2008. Annex to petitioner’s
communication of August 18, 2009.
136
Annex 63. Decision No. 2008-009067 of the Constitutional Chamber, dated May 29, 2008. Annex to petitioner’s
communication of August 18, 2009.