27
108. On July 17, 2012, the Constitutional Chamber granted the amparo relief sought by Mr.
Rojas. It found that “it is obvious that his fundamental right to health has been violated (…) which is
attributable to the authorities of the Institutional Care Center La Reform.”148 The Constitutional
Chamber ordered the alleged victim to be transferred to the medical appointment that has been
scheduled.149
109. On August 5, 2012, Mr. Rojas sought constitutional relief by amparo from the
Constitutional Chamber from alleged lack of access to potable water at CAI La Reforma prison facilities.
He contended that i) inmates are given non-potable to drink; ii) water is usually rationed every three
hours and is only available for 10 minutes; and iii) at times there is no water for the whole day. He
further asserted that this has happened over 2011 and 2012. He claimed that persons have died as a
result of this situation and others were ill.150
110. On September 14, 2012, the Constitutional Chamber granted the request for amparo
relief brought by Mr. Rojas, received on August 14, 2012.151 The Constitutional Chamber found the
reports of the National Water Laboratory as proven facts establishing with certainty that the water
supplied to the persons deprived of liberty at CAI La Reforma prison facilities was “not potable and a
was high health risk to the users” and that the internal water works of the facilities “presented fecal
contamination,” an “absence of water disinfection,” an absence of a quality control program, and an
absence of a storage tank cleaning program.”152 Additionally, said report identified that the water
pumps were turned off from 17:40 hours until 5:30 hours and that when the service is provided it is for
20 to 40 minute intervals, depending on the area of the facilities.153 The Constitutional Chamber noted
that, since 2010, the Costa Rican Institute of Aqueducts and Sewers has been warning both the Ministry
of Justice and the authorities at the prison facilities about the water contamination.154 It maintained
that despite the warnings, “it is not apparent that any steps have been taken to solve the
aforementioned issue.” 155 It also noted that the CAI La Reforma authorities “did not introduce any
evidence at all (…) to prove that the water is actually potable.”156
148
Annex 68. Decision No. 2012009242 of the Constitutional Chamber, dated July 17, 2012. Annex to petitioner’s
submission of December 21, 2012.
149
Annex 68. Decision No. 2012009242 of the Constitutional Chamber, dated July 17, 2012. Annex to petitioner’s
submission of December 21, 2012.
150
Annex 69. Submission of Rafael Antonio Rojas Madrigal to the Constitutional Chamber of the Supreme Court of
Justice, dated August 5, 2012. Annex to petitioner’s submission of December 21, 2012.
151
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
152
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
153
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
154
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
155
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
156
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.