each prisoner are appropriate.” The judicial authority stated that there is no “inadequate
management in the preparation of food for the prison population.” 112
93.
The Commission considered that the alleged victims who were detained at the CAl La
Reforma lived in conditions incompatible with their human dignity, due to overcrowding, the
lack of drinking water, the poor quality of the food and the system of food distribution. In
addition, the Commission noted that the CAl La Reforma had infrastructure deficiencies in the
walls, ceilings, electrical installations and sanitary facilities.
94.
The Commission also noted that between 2006 and 2013, Mr. Rafael Rojas filed various
amparo and habeas corpus petitions and complaints related to lack of access to health
services. The Commission pointed out that these appeals were dismissed based exclusively
on reports of the prison authorities of La Reforma, which stated that Mr. Rojas had received
medical attention when he required it. It also found that the State did not present information
on the measures taken to comply with the Constitutional Chamber’s order, and considered
that the fact that a person deprived of their liberty had to appeal twice to a judicial authority
to obtain the required medical treatment evidences problems in the timely and adequate
access to treatment in CAl La Reforma. However, regarding the alleged violation of Mr. Damas
Vega’s right of access to health, it held that it did not have sufficient elements to rule on this
matter.
95.
The SIPDH representatives alleged that the prison conditions denounced in this case
“not only remain unresolved, but have worsened.” 113
96.
The Inter-American Defenders argued that Rafael Rojas and other alleged victims
have suffered “the extremely serious problem of overcrowding that exists in the national
prison system.” They also pointed out the State’s failure to observe control of conventionality
with respect to the issue of prison overcrowding, given that “innumerable actions have been
filed by prisoners,” the Public Defense Office, the Ombudsman’s Office, foundations and NGOs,
as well as rulings of the Constitutional Chamber, opinions of the sentence execution judges
and repeated complaints by public officials within the prison system, which have declared
overcrowding and technical closure of prison units, since “more than ten thousand people are
held in a serious situation of vulnerability.” 114
E.2. Considerations of the Court
97.
With respect to the arguments of the parties, the Court recalls that the inter-American
human rights system consists of a national level, through which each State must guarantee
the rights and freedoms set forth in the Convention and investigate and, if necessary, try and
punish the violations committed; and that if a specific case is not resolved at the domestic or
national level, the Convention provides for an international level in which the main organs are
the Commission and the Court. This Court has also indicated that when a question has been
resolved at the domestic level, pursuant to the provisions of the Convention, it is not
necessary to bring the matter before the Inter-American Court for approval or confirmation.
This is based on the principle of complementarity or subsidiarity, which permeates the interAmerican human rights system, “reinforcing or complementing the protection offered by the
Cf. Answering brief of the State (merits file, folio 1523).
Cf. Pleadings and motions brief of the common interveners SIPDH (merits file, folios 528).
114
Cf. Pleadings and motions brief of the common interveners Inter-American Public Defenders (merits file,
folios 817 to 822).
112
113
37