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have the Constitutional Chamber’s decision before it, which was referenced by Mr. Vega, nor further
documentation regarding his condition and the measures that the State did or did not adopt, while he
was at the CAI La Reforma prison. In this respect, the Commission does not have sufficient evidence to
rule on this allegation.
3.
Allegations of torture or cruel, inhuman or degrading treatment
268. Lastly, the Commission notes that Messrs. Rojas Madrigal and Damas Vega, made
allegations regarding supposed acts of torture or cruel, inhuman and degrading treatment. The
Commission does not have the minimum of evidence required to be able to make a factual
determination on these circumstances.
VI.
CONCLUSIONS
269. Based on the analysis of the facts and law in the instant report, the Commission
concludes that the State of Costa Rice is responsible for:
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 Yepez Cruz, Luis Archbold Jay, Enrique Floyd Archbold Jay,
Fernando Saldarriaga, Miguel Antonio Valverde, Guillermo Rodríguez Silva, Martín Rojas Hernández,
Manuel Hernández Quesada, Damas Vega Atencio, Miguel Mora Calvo and Jorge Martínez Meléndez.
1.
2.
Violation of the right to an impartial judge as 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.
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.
4.
Violation of the right to humane treatment as established in Articles 5.1 and 5.2 of the
American Convention, in 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.
VII.
RECOMMENDATIONS
270.
Based on the conclusions of the instant merits report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THE STATE OF COSTA
RICA:
1.
To order full reparation for the violations declared in the instant merits report, including
adequate compensation.