In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission has attached hereto a copy of the report on the merits, Report No. 33/14, prepared
in compliance with Article 50 of the Convention, together with a copy of the complete record of
the case before the Inter-American Commission (Appendix I) and the annexes used in the
preparation of Report No. 33/14 (Annexes). Said report on the merits was notified to the State
of Costa Rica in a communication dated April 28, 2014, giving the State two months to report on
compliance with the recommendations. The State of Costa Rica, after having been granted two
extensions, has not formally expressed its willingness to comply with the recommendations,
primarily regarding the right to appeal the judgment, nor has it made any proposal to move
toward compliance.
Accordingly, the Inter-American Commission submits to the jurisdiction of the Court all of the
facts and human rights violations described in Report No. 33/14, in view of the need to obtain justice
for the victims in the case.
In this connection, the Commission requests that the Court conclude and declare that the
State of Costa Rica bears international responsibility for:
1.
Violation of the right to appeal the judgment, as established in Article 8.2 (h) of the
American Convention, in relation to the obligations set out in Articles 1.1 and 2 of the same
instrument, to the detriment of Manfred Amhrein, Ronald Fernández, Carlos Osborne, Carlos
González, Arturo Fallas, Rafael Rojas Madrigal, Carlos Eduardo Yepez Cruz, Luis Archbold Jay, Enrique
Floyd Archbold Jay, Fernando Saldarriaga, Miguel Antonio Valverde, Guillermo Rodríguez Silva,
Martín Rojas Hernández, Manuel Hernández Quesada, Damas Vega Atencio, Miguel Mora Calvo, and
Jorge Martínez Meléndez.
2.
Violation of the right to an impartial judge, as established in Article 8.1 of the
American Convention, in relation to the obligations set out in Article 1.1 of the same instrument, to
the detriment of Rafael Rojas Madrigal.
3.
Violation of the right to personal liberty, as established in Articles 7.1, 7.2, and 7.5 of
the American Convention, in relation to the obligations set out in Article 1.1 of the same instrument,
to the detriment of Jorge Martínez.
4.
Violation of the right to humane treatment, as established in Articles 5.1 and 5.2 of the
American Convention, in relation to the obligations set out in Article 1.1 of the same instrument, to
the detriment of Rafael Rojas Madrigal, with regard to the absence of access to health services, as well
as to the detriment of all victims in the present case who served their terms in the CAI La Reforma
prison, owing to the detention conditions in that facility.
Therefore, the Commission requests that the Inter-American Court establish the following
reparation measures:
1.
Provide comprehensive reparations for the violations declared in the report on the
merits, including adequate compensation.
2