B.3. Alleged failure to exhaust domestic remedies with respect to the prison conditions of
Rafael Rojas and Damas Vega Atencio
58.
This Court recalls that the rule of prior exhaustion of domestic remedies is conceived
in the interests of the State, since it seeks to exempt it from responding before an
international body for acts attributed to it before it has had the opportunity to remedy them
by its own means. 52 Therefore, the Court will analyze whether, in the instant case, the alleged
victims filed the remedies that would allow the State to rectify the alleged violations of the
Convention in relation to prison conditions at the CAI La Reforma. 53
59.
Regarding the alleged failure to exhaust domestic remedies in relation to the conditions
of detention, it is necessary to clarify that in its answering brief the State only filed a
preliminary objection with respect to the alleged victims Rafael Antonio Rojas Madrigal and
Damas Vega Atencio.
60.
The petitions of Rafael Rojas and Damas Vega were filed on July 29, 2004 54 and
November 3, 2004, 55 and the Admissibility Report was issued approximately seven years
later, on July 22, 2011 (supra para. 3.b). Regarding the conditions of detention in the CAI La
Reforma, during the admissibility stage before the Commission, Rafael Rojas filed, prior to
the issuance of the Admissibility Report: a complaint of illness before the Sentence Execution
Court of the first Judicial Circuit of Alajuela on June 26, 2006; 56 two writs of habeas corpus
on July 18 57 and December 12, 2006; 58 a complaint on November 26, 2007; 59 a writ of
amparo on May 5, 2008, 60 and a writ of amparo on January 18, 2010. 61 For his part, Damas
Vega filed, prior to the issuance of the Admissibility Report, the following appeals: a complaint
on June 19, 2006; 62 a writ of amparo on September 7, 2006; 63 a complaint on October 2,
52
20.
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para.
53
Cf. Case of Díaz Peña v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of
June 26, 2012. Series C No. 244. paras. 123 to 127.
54
Cf. Petition regarding Rafael Rojas Madrigal (evidence file, folio 8601). It should be noted that he allegedly
filed a second petition on November 17, 2008.
55
Cf. Petition regarding Damas Vega Atencio (evidence file, folio 6957). The State alleged the presentation
of the petition of November 3, 2004, in relation to file 99-000506-062-PE, as well as a second petition on March
3, 2005 regarding File 01-002231-0063-PE.
56
In this complaint he alleged that he had not received medical treatment for various physical ailments.
Cf. Complaint filed by Mr. Rojas Madrigal, June 26, 2007 (evidence file, folios 1723-1732).
57
In this complaint he claimed to have suffered ill-treatment, theft and death threats after collaborating
with the institution on a confidential report on the extortion practiced by a gang of inmates against the rest of the
prisoners. Cf. Decision of the Constitutional Chamber, of July 26, 2006 (evidence file, folios 1737-1739).
58
In this complaint, he alleged the impossibility of receiving medical assistance due to the maximum weekly
quotas attended by a single health professional. Cf. Decision of the Constitutional Chamber, of December 18,
2006. Annex to the communication of the petitioner of March 7, 2007 (evidence file, folios 1762-1766).
59
In this complaint he alleged torture by prison officers of CAI La Reforma. Cf. Criminal complaint of
November 26, 2007 (evidence file, folio 1752), and Merits Report of the Commission (merits file, folio 51);
pleadings and motions brief of the common interveners SPIDH (merits file, folio 517), and answering brief (merits
file, folio 1525).
60
In this complaint he alleged food shortages suffered by the inmates, since the food was distributed by
other inmates Cf. Decision No. 2008-009067 of the Constitutional Chamber, May 29, 2008 (evidence file, folio
1800).
61
In this complaint he alleged food shortages at breakfast, reduced amounts of food on visiting days and
overcrowding in Area B of the CAI La Reforma Cf. Decision No. 2011-001692 of the Constitutional Chamber,
February 11, 2011, ruling on another motion for amparo filed by Rafael Rojas (evidence file, folio 1810).
62
He denounced the alleged theft of food from the prison facility by prison officers. Cf. Petition dated June
19, 2006, sent to the Courts of Justice of Alajuela, the Office of the Public Prosecutor, the Deputy Prosecutor’s
Office, the Regional Delegation of the OIJ and the Office of the Comptroller General of the Republic, on June 19,
2006 (evidence file, folio 20802).
63
In this complaint he alleged a lack of medical care for chest pains. Cf. Decision No. 2006-014040 of the
Constitutional Chamber, of September 22, 2006 (evidence file, folios 42188-42189).
22