89.
Finally, regarding the alleged denial of the right to “admit” and “access” evidence for
the defense, in the pleadings and motions brief, the representatives alleged that Mr. Martínez
Meléndez was denied the right to “admit evidence” because he was “prevented from
submitting […] essential evidence to prove that the funds of the [G]overnment programs were
not taken by him, but were received by the beneficiaries.” Such evidence consisted of the
testimonial statements of the beneficiaries of the Social Compensation Program. Regarding
the alleged denial of the right of access to evidence, they asserted, on the one hand, that the
State “concealed [a] set of important documentary evidence for the defense, thereby
preventing the establishment of the truth,” 102 and, on the other hand, that Mr. Martínez was
denied the opportunity to be present at all the hearings for the examination of the evidence
held during the first criminal proceeding against him. In relation to these facts, the
representatives alleged the violation of Article 8(2)(f) of the American Convention. They
further alleged that they expressed their disagreement with the actions of the domestic courts
by filing an appeal in cassation, which was rejected by the Third Chamber of Criminal
Cassation, which “refused to analyze” the documentation and arguments submitted, in
violation of Article 8(2)(h) of the Convention. Therefore, the Court considers it pertinent to
analyze these arguments, insofar as they seek to assess the compatibility of the acts of the
domestic courts with the American Convention, as well as the effectiveness of the remedy of
cassation, in order to determine whether in its substantiation a comprehensive evaluation of
the actions of the Criminal Court of the First Judicial Circuit of San José was carried out.
Consequently, the State’s objection on this point is dismissed.
90.
In conclusion, the Court dismisses the State’s preliminary objection with respect to the
arguments of the Commission and Groups 2, 3, and 6, and partially admits the arguments in
respect of Group 4, in accordance with the terms of paragraph 88 of this judgment.
E. Objection regarding the violation of the principle of complementarity in relation
to the prison conditions
E.1. Arguments of the Commission and the parties
91.
The State argued that this Court should refrain from hearing claims related to the
alleged violation of the right to personal integrity (humane treatment) of Rafael Rojas
Madrigal and Damas Vega Atencio, owing to various internal decisions aimed at addressing
the problems raised; therefore the intervention of this Court would be unnecessary in view of
the principle of subsidiarity or complementarity, taking into account that it could only analyze
the matter in the event that the State had failed to provide an adequate response at the
national level. Thus, with respect to Rafael Rojas Madrigal, it maintained that he had used the
remedy of amparo as a suitable means to demand adequate conditions at the CAI La Reforma,
access to health services and other aspects related to the right to personal integrity, obtaining
favorable rulings that would suggest an internal response to his claims. 103In particular, the
State issued a statement on the alleged harm to Mr. Rojas Madrigal, including his access to
102
The evidence referred to consisted of a series of checks whose originals were allegedly not produced
because the State “claimed that they had been lost, [and] that it could not produce or deliver them, and
[subsequently] it provided a set of photocopies whose origin could not be determined either, and that were used
to convict.”
103
Answering brief of the State (merits file, folios 1121 to 1123).
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