46
180. On March 22, 2007, the Sentence Execution Court denied the grievance filed by Mr.
Vega relating to the lack of medical care. It noted that “it is evident that the individual deprived of
liberty has not been restricted in his right to health inasmuch as his ailment has be treated in a timely
fashion.” It ordered the person in charge of the area of health at CAI La Reforma prison to take “the
pertinent steps so that adequate medical care continues to be provided to him.”307
181. Mr. Vega filed several petitions and motions relating to i) the denial of a request for an
operation for the diabetes he suffers from; ii) the lack of access to health care and ambulance service;
and iii) being subject to a search in which there was “groping in the genital area and inmates’ belongings
were destroyed and stolen. The petitions and motions were denied on November 6 and 9 of 2007, and
October 30 of 2008 due to the lack of evidence.308
182. Subsequently, Damas Vega filed a grievance alleging that on September 28, 2008, he
was transferred to maximum security without being apprised of the reasons and that he was held in
solitary confinement for 27 hours.309 On November 20, that year, the Court of Sentence Execution of
Alajuela accepted his claim.310 The Court held that the prison authority did not disprove the allegations
of Mr. Vega and, therefore, a variety of situations are apparent, which “take place within the dynamics
of the facilities and are troubling and worrying to the undersigning judge.”311
183. The Court vacated the measure that was in effect on Mr. Vega and ordered “immediate
reinstatement of his rights.” It noted that “the necessary security measures must be taken to ensure the
physical integrity of the inmate and the rest of the inmate population.”312
V.
LEGAL ANALYSIS
184. The Commission will examine the proven facts by first addressing the allegations
common to the body of joined petitions, to wit, the alleged violation of the right set forth in Article 8.2.h
of the Convention. The Commission notes that some of the petitions address other violations of the
American Convention, including allegations on the right to a competent, independent and impartial
judge; the right to a defense; the right to personal liberty; and the right to humane treatment. After
dealing with the allegation common to all of the petitions, the Commission will examine said rights as
they pertain to each particular person or group of persons, who alleged violation of these rights in their
case.
307
Annex 144. Decision No. 959-2007 of the Sentence Execution Court, dated March 22, 2007. Annex to petitioner’s
communication of July 16, 2007.
308
Annex 146. Decisions Numbers. 2007-015929; No. 2007-016081; and No. 2008-016309 dated November 6 and 9,
2007, and October 30, 2008 . Annex to compact disc attached by the State in its communication of October 25, 2010.
309
Annex 147. Decision of the Sentence Execution Court of Alajuela, dated November 20, 2008. Annex to petitioner’s
communication received December 9, 2011.
310
Annex 147. Decision of the Sentence Execution Court of Alajuela, dated November 20, 2008. Annex to petitioner’s
communication received December 9, 2011.
311
Annex 147. Decision of the Sentence Execution Court of Alajuela, dated November 20, 2008. Annex to petitioner’s
communication received December 9, 2011.
312
Annex 147. Decision of the Sentence Execution Court of Alajuela, dated November 20, 2008. Annex to petitioner’s
communication received December 9, 2011.