63
prison. Additionally, the prison authorities themselves acknowledged that it was not possible this way to
supervise the fair delivery of food. The Commission notes that the State did not submit information
pertaining to the measures adopted to comply with the orders of the Constitutional Chamber on this
issue in its decision.
259. Lastly, the Commission notes that in its 2010 report, the Office of the Ombudsman of
the Inhabitants of Costa Rica concluded that the CAI La Reform prison not only presented deficiencies in
the walls and roofs infrastructure, but also the electrical fixtures and sanitation facilities. In response,
the State acknowledged that at the CAI La Reforma facilities, the buildings “were built a long time ago”
and therefore there is “deterioration” thereof. It claimed that that has happened because of “the use of
the buildings, the destruction caused by the inmate population and also by the normal wear and tear on
things” and, therefore, repairs would be made. It contended that “the population deprived of liberty
itself breaks the rules of hygiene, showing improper hygiene habits (…) which is not attributable to the
authorities.”
260. Consequently, the IACHR concludes that the State breached its obligation to provide
minimum conditions of detention in keeping with human dignity in violation of Articles 5.1 and 5.2 of
the American Convention, in connection with Article 1.1 thereof, to the detriment of the victims in the
instant case, who have served their prison term at CAI La Reforma.
2.
Mr. Rojas Madrigal’s access to health services
261. Both the Commission and the Court have established that the State has the duty, as
guarantor of the health of the persons in its custody, to provide detainees with regular medical
checkups and care and adequate treatment whenever needed.357 As for the medical services that must
be provided to them, the Court has cited the United Nations Standard Minimum Rules for the Treatment
of Prisoners,358 which state that “the medical officer shall see and examine every prisoner as soon as
possible after his admission and thereafter as necessary, with a view particularly to the discovery of
physical or mental illness and the taking of all necessary measures.”359 Likewise, Principle 24 of the Body
of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment provides
that “a proper medical examination shall be offered to a detained or imprisoned person as promptly as
possible after his admission to the place of detention or imprisonment, and thereafter medical care and
treatment shall be provided whenever necessary. This care and treatment shall be provided free of
charge.”360
357
IACHR, Application to the Inter-American Court of Human Rights. Case 11.535, Pedro Miguel Vera Vera, Ecuador,
February 24, 2010, para. 42. IA Ct of HR, Case of Tibi v. Ecuador. Judgment of Preliminary Objections, Merits, Reparations and
Costs. September 7, 2004. Series C No. 114, para. 156; and Case of Vélez Loor v. Panama. Judgment of Preliminary Objections,
Merits, Reparations and Costs. November 23, 2010. Series C No. 218, para. 220.
358
IA Ct of HR, Case of Raxcacó Reyes v. Guatemala. Judgment of Merits, Reparations and Costs. September 15, 2005.
Series C No. 133, para. 99; and Case of Vera Vera et al v. Ecuador. Judgment of Preliminary Objections, Merits, Reparations and
Costs. May 19, 2011. Series C No. 226, para. 50.
359
UN, Standard Minimum Rules for the Treatment of Prisoners. Adopted by the First United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, held in Geneva in 1995, and approved by the Economic and Social Council
by its resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977, Rule 24.
360
UN, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Adopted by
the General Assembly in its resolution 43/173, of December 9, 1988, Principle 24.