Constitutional Chamber requested the Director of CAI La Reforma to transfer Mr. Rojas “to a
place where his life and personal integrity are not at risk” and “to take the measures necessary
to ensure that Rafael Antonio Rojas receives the medical attention he requires to adequately
treat his condition, either at the institutional care center (CAI La Reforma), or at an
appropriate hospital facility […].” 146 It also ordered the prison administration to submit a
report within 48 hours. 147
110. On December 21, 2006, the Constitutional Chamber received the requested report,
which stated that Mr. Rojas had refused to be taken to the hospital area and to undergo the
laboratory tests offered to him. Similarly, it referred to his safety, pointing out that “it is
important to note the offer made to transfer him to some other space if he considers himself
to be at risk, but he has indicated that he is satisfied with his current location in Area B.” 148
111. Based on said report, on January 9, 2007, the Constitutional Chamber declared Mr.
Rojas’ habeas corpus motion inadmissible, due to the lack of evidence indicating the alleged
violation of his right to physical integrity. 149 As for the violation of the inmate’s right to health,
it pointed out that the result of the analysis carried out on Mr. Rojas “is not consistent with
an untreated diabetic patient.” It added that at the prison “outpatient care is scheduled every
day and an average of 16 to 20 patients are seen daily. In addition the prison clinic has an
emergency service to which inmates who request medical attention can go […] whenever they
need it.” 150This contradicted Mr. Rojas Madrigal’s statement. 151
112. Subsequently, on June 25, 2012, Rafael Rojas filed a writ of amparo alleging that he
was suffering from an umbilical hernia and requesting treatment, assessment and
compensation for his condition. 152 On June 28, 2012, the Constitutional Chamber ordered the
prison authorities to take the necessary steps to ensure that Rafael Rojas received the medical
care he required until the Chamber issued its decision. 153 On July 17, 2012, the Constitutional
Chamber declared “a violation of the appellant’s right to health” attributable to the prison
authorities of La Reforma, and ordered that Mr. Rojas be taken to his scheduled medical
appointment. 154 On December 25, 2012, Rafael Rojas filed another writ of amparo before the
Constitutional Chamber alleging that he was suffering from a lack of medical care at the CAI
La Reforma, and on December 27, 2012, the Constitutional Chamber ordered the prison
Cf. Decision of the Constitutional Chamber, of December 18, 2006. Annex to the communication of the
petitioner of March 7, 2007 (evidence file, folio 1765).
147
Cf. On December 21, 2006, the Constitutional Chamber received the report requested, which stated that
Mr. Rojas had refused to be transferred to the hospital area and to have the tests offered to him. The report also
referred to the inmate’s safety, pointing out that “it is important to emphasize the offer made to relocate him in
some other space if he considered himself to be at risk, but he has indicated that he is fine with his current
placement in Cell Block B”. Cf. Official letter of the Institutional Care Center of La Reforma, of December 21, 2006
(evidence file, folios 1768-1770).
148
Cf. Official letter of the Institutional Care Center of La Reforma, of December 21, 2006 (evidence file,
folios 1768-1770).
149
Cf. Decision No. 2007·000008 of the Constitutional Chamber, of January 9, 2007 (evidence file, folio
1788).
150
Cf. Decision No. 2007000008 of the Constitutional Chamber, of January 9, 2007 (evidence file, folio
1784).
151
Cf. Decision No. 2007·000008 of the Constitutional Chamber, of January 9, 2007 (evidence file, folios
1783-1784).
152
Cf. Brief of Rafael Antonio Rojas Madrigal addressed to the Constitutional Chamber of the Supreme Court
of Justice, of June 25, 2012 (evidence file, folios 1818-1822).
153
Cf. Decision of the Constitutional Chamber of the Supreme Court of Justice, of June 28, 2012 (evidence
file, folio 1826).
154
Cf. Decision No. 2012009242 of the Constitutional Chamber, of July 17, 2012 (evidence file, folios 18371838).
146
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