the Search Regulations; other officers say that they follow orders from their superiors […].” 341 It is an undisputed fact that the Sentence Execution Court declared itself incompetent to address this matter on July 18, 2007, stating that the Legal Department of the Ministry of Justice had jurisdiction over such matters. 342 238. In a decision dated May 7, 2009, the Department of Administrative Procedures of the Ministry of Justice stated that the Legal Department of said entity was instructed to carry out a preliminary investigation of the facts of July 20, 2006, alleged by Mr. Vega. However, it was unable to prove the responsibility of any prison officer and therefore it was not appropriate to apply any sanction. 343 239. Mr. Damas Vega also filed a complaint with the Sentence Execution Court alleging that on September 28, 2008, he was locked up in maximum security for 72 hours, without receiving an explanation of the reasons for his transfer, and held incommunicado for more than 20 hours. 344 On November 21, 2008, the Sentence Execution Court declared the appeal admissible, ordering “the immediate restitution of his rights”. It ordered the Director of Area B and the Director of Area F (maximum security), to take the necessary steps to ensure Mr. Vega’s physical integrity and that of the rest of the prison population, and also to inform him of the possible consequences of his transfer to Area B and, if he did not accept and agree to a different location, to make the respective record. 345 VIII. MERITS 240. The Court will now analyze the parties’ arguments on the merits of the case in the following order: i) Right to appeal the judgment before a higher judge or court; ii) Right to personal liberty; iii) Right to judicial guarantees, and iv) Right to personal integrity. VIII.I RIGHT TO APPEAL THE JUDGMENT BEFORE A HIGHER JUDGE OR COURT (Article 8(2)(h) 346 of the Convention, in relation to Article 1(1) thereof) A. Arguments of the Commission and the parties Complaint filed with the Sentence Execution Court of Alajuela, dated November 25, 2006 (evidence file, folios 20851-20854). 342 Report of the Commission 33/14 of April 4, 2014 para. 177 (merits file, folio 51) 343 Report of the Commission 33/14 of April 4, 2014 (merits file, folio 51), pleadings and motions brief of the common interveners SPIDH (merits file, folio 517) and Answering brief of the State (merits file, folio,1525). 344 Cf. Decision of November 20, 2008 (evidence file, folio 3198). 345 Cf. Decision of the Sentence Execution Court of Alajuela, of November 20, 2008 (evidence file, folios 20886 and 20887). See also Official letter No. 04088-2009-DHR-(AI) of the Ombudsman’s Office of May 4, 2009 (evidence file, folio 20909). This document contained the version of events recounted by the Prison Director: “the placement of the protected persons in areas other than the one in which they were being held is a consequence of the application of a Precautionary Measure, for protection and to safeguard institutional purposes, since the Prison Administration, […] identifies the appellant as one of the main instigators of the hunger strike.” However, the Ombudsman’s Office pointed out that the prison authorities omitted references to the causes of the inmates’ strike, namely, the alleged deficient outpatient care, authoritarian searches and poor food, and indicated that these causes were “totally acceptable since, in fact, complaints regarding deficient health care and poor preparation of food, are daily and reiterated before this Office.” Regarding the precautionary measure, the Ombudsman’s Office considered that since Mr. Damas Vega had been transferred to the CAI San Rafael on January 26, 2009, the Request for Intervention was closed. 346 Article 8(2)(h) establishes that: “Every person accused of a criminal offense has the right to be presumed innocent as long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: […] h) the right to appeal the judgment to a higher court. 341 75