Rican prisons, since 2012 the statistics of the CAI La Reforma show a steady decrease in the
prison population.
E.2.2. Regarding drinking water
107. On August 14, 2012, Mr. Rojas Madrigal filed a writ of amparo dated August 5, 2012, 139
before the Constitutional Chamber, alleging the consumption of non-potable water and water
shortages at the CAI La Reforma, which allegedly could last for several days. On September
14, 2012, the Constitutional Chamber declared the appeal admissible 140 based on reports of
the National Water Laboratory of the Costa Rican Institute of Aqueducts and Sewerage
(Instituto Costarricense de Acueductos y Alcantarillados, AyA) of August 19, 2010, July 12,
2011, September 6, 2011 and September 3, 2012. The Chamber concluded that the water in
this prison facility “is not potable and is a high risk for the health of consumers” 141 and ordered
the prison administration to take steps to ensure a continuous supply of water within three
months, as well as its potability within one month. It also ordered the Deputy General Manager
of the Costa Rican Institute of Aqueducts and Sewerage to coordinate with the National Water
Laboratory “in order to carry out water potability tests on the prison’s water supply” and to
submit a report on the matter. 142
E.2.3. Regarding access to medical care
108. On June 26, 2006, Rafael Rojas filed an incidental plea of illness with the Sentence
Execution Court of the first Judicial Circuit of Alajuela, in which he reported that he had been
diagnosed with diabetes in 2001, prior to being incarcerated in the CAI La Reforma. He stated
that after his transfer to that prison facility in 2002, he requested a meeting with the Prison
Director to request medical follow-up for this illness, but the prison was unable to provide
such treatment. He also mentioned other physical ailments, such as blindness and a hernia
aggravated by his work in the prison and asked to be transferred to a facility with appropriate
medical care for his condition. 143 On March 27, 2007, the court declared the motion
inadmissible based on the report of the prison’s medical director, and stated that there was
no evidence of “negligence, neglect or arbitrariness on the part of the prison’s medical
authorities that would in any way harm [Mr. Rojas’] right to life or health.” 144
109. On December 18, 2006, the Constitutional Chamber ruled on the motion of habeas
corpus filed by Mr. Rojas on December 12, 2006, in which he alleged that it was impossible
for him to receive medical care as an inmate at CAI La Reforma, due to the existence of
maximum weekly quotas since there was only a single health care professional. He added
that the Director of cellblock Area C sent him a letter asking him to withdraw the motion, to
which he agreed because “he was going [to be] transferred.” 145 In view of this, the
Cf. Brief of Rafael Antonio Rojas Madrigal addressed to the Constitutional Chamber of the Supreme Court
of Justice, August 5, 2012 (evidence file, folio 1841-1845).
140
Cf. Decision No. 20120:1.2846 of the Constitutional Chamber, of September 14, 2012 (evidence file, folio
1851).
141
Cf. Decision No. 20120:1.2846 of the Constitutional Chamber, of September 14, 2012(evidence file, folio
1859).
142
Cf. Reports of the engineers Jairo Alfaro Vargas and Martín Echeverri Brenes, responsible for maintenance
at La Reforma, of November 2, 2015 and of October 30, 2015, respectively. (evidence file, folios 36241-36257).
143
Cf. Complaint filed by Mr. Rojas Madrigal, of June 26, 2007(evidence file, folios 1723-1732).
144
Cf. Decision of the Sentence Execution Court of Alajuela No. 1004-2007 of March 27, 2007 that dismissed
the plea of illness (evidence file, folio 1796).
145
Cf. Decision of the Constitutional Chamber, of December 18, 2006. Annex to the communication of the
petitioner dated March 7, 2007 (evidence file, folios 1762-1766).
139
41