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In accordance with Article 35 of the Rules of Procedure of the InterAmerican Court, the Commission is enclosing with this communication a copy of
report No. 85/10 prepared in compliance with Article 50 of the American
Convention, as well as a copy of the entire file before the Inter-American
Commission (Appendix I) and the annexes used in the preparation of Report 85/10
(Annexes).
The merits report was notified to the Costa Rican State by a
communication dated August 23, 2010, which was given two months to report on
the implementation of the recommendations made therein. On three different
occasions, the State requested an extension from the Commission in order to
implement those recommendations.
The Commission granted the requested
extensions, but thus far no significant progress has been made toward compliance.
The Commission is therefore submitting this case to the jurisdiction of the
Inter-American Court in order to get justice for the victims.
As for the recommendation to “[l]ift the ban on in vitro fertilization in the country
through the necessary legal procedures”, following notification of merits report 85/10
the Commission received information from the Costa Rican State concerning two
bills on in vitro fertilization and embryo transfer that had been introduced in the
Legislative Assembly and whose purpose was to lift the ban on that practice in
Costa Rica. According to the information available, Bill 17,900 was tabled, and Bill
18,057 is still in the legislative process. Hence, at the present time, the ban on the
practice of in vitro fertilization is still in force in Costa Rica.
As for the recommendation to “[e]nsure that any regulation of the practice of in
vitro fertilization once the ban is lifted be compatible with the state’s obligations with
respect to the rights recognized in articles 11(2), 17(2) and 24 (…) [and] take particular care
to make certain that persons and/or couples that need and want the treatment have access
to the technique of in vitro fertilization so that the treatment can serve its purpose”, the
Commission believes it would be inappropriate for it to issue any definitive
observations on the bills introduced, since one has already been tabled and the
other is still being discussed. It therefore reserves the right to make observations
on any law eventually approved in these or other legislative processes, to the extent
that they are germane to any reparations that the Court might order.
Regarding the recommendation to “[m]ake full reparations to the victims in the
present case, to include pecuniary and non-pecuniary damages and measures of satisfaction
for the harm done”, the Commission notes that the only information the State has
provided concerns the internal mechanisms that the victims could pursue to obtain
reparations for “damages and injuries”. From the information available, it turns out
that the State has not taken any steps to order the reparations that the victims are
owed for the violations of the American Convention declared in the merits report.
The Inter-American Commission is submitting to the jurisdiction of the Court
the full facts and human rights violations as set out in merits report 85/10 and is
asking the Court to adjudge and declare the international responsibility of the Costa
Rican State for the following:
a) The violation of the rights established in Articles 11.2 and 17.2 of the
American Convention, in connection with the obligations established in