158. The Commission indicated that it could not find any violation of the State’s right of
defense in relation to the alleged new facts concerning Damas Vega and Jorge Martínez, since
Costa Rica did not indicate to which alleged new facts it was referring.
B.2. Considerations of the Court
159. First, the preliminary objection raised by the State regarding the alleged violations
derived from the prison conditions in the CAI La Reforma to the detriment of Rafael Rojas
Madrigal and Damas Vega Atencio was previously accepted; therefore, the facts presented by
the SIPDH in relation to the complaints about the prison food at CAI La Reforma will not be
examined within the factual framework of this case. For the same reason, the facts related to
the incidental plea of illness filed on November 13, 2006 by Damas Vega Atencio will not be
examined either.
160. Secondly, regarding the allegations of Factum Consorcio about what happened to Jorge
Martínez Meléndez at the CAI San José, as well as the allegations of the Public Defenders
regarding the alleged “structural violations in the Costa Rican prison system,” the Court notes
that the Merits Report of the Commission refers only to the situation of the CAI La Reforma, 193
without any considerations about the CAI San José or about the Costa Rican prison system
as a whole. 194 Consequently, the Court considers that these facts do not fall within the factual
framework of the case and therefore will not rule on the matter.
161. Third, the Court notes that in the Merits Report, the Commission held that the State
failed to comply with its obligation to ensure the minimum conditions of detention compatible
with human dignity, in violation of Articles 5(1) and 5(2) of the Convention, in relation to
Article 1(1) thereof, to the detriment of all the victims in the instant case who served their
sentences in the CAI La Reforma. However, it did not specify the time, manner and place of
the facts that gave rise to the alleged violations of the personal integrity of each of the alleged
victims who served their sentences in the CAI La Reforma, beyond those denounced by Rafael
Rojas and Damas Vega.
162. This Court has established that, based on the adversarial principle, the discussion of
factual issues must be reflected in the Merits Report. 195 Thus, it is for the Court to decide in
each case on the admissibility of the arguments relating to the factual framework, in order to
safeguard the procedural balance between the parties. 196 In this case, the Court considers
that, since the facts that led to the alleged violation of the right to personal integrity of each
of the victims - with the exception of Rojas Madrigal and Vega Atencio- were not specified in
the Merits Report or in the pleadings and motions brief, the State found itself, in the
proceedings before this Court, in a situation of procedural imbalance and therefore, these
alleged violations do not form part of the factual framework of the case.
193
Cf. Merits Report No. 33/14 of April 4, 2014, paras. 94 to 155, 177 to 183 and 255 to 268 (merits file,
folios 28 to 35, 51, 52 and 68 to 71).
194
In relation to the situation at CAI La Reforma, the Commission mentioned in the Merits Report that “the
State recognized that there has been an increase in the number of persons deprived of liberty at prison facilities
and noted that more resources have been allocated in the 2013 draft budget for the construction of prison
infrastructure.” However, it did not provide details of time, mode or place that would enable the Court to determine
which establishments it was referring to, since the Commission’s analysis always focused on the situation in the
CAI La Reforma. Cf. Merits Report No. 33/14 of April 4, 2014 (merits file, folio 68).
195
Cf. Case of Gutiérrez and Family v. Argentina. Merits, reparations and costs. Judgment of November 25,
2013. Series C No. 271, para. 31, and Case of Human Rights Defender et al. v. Guatemala. Preliminary objections,
merits, reparations and costs. Judgment of August 28, 2014. Series C No. 283, Para. 28.
196
Cf. Case of the Mapiripán v Massacre v. Colombia, supra, para. 58, and Case of Human Rights Defender et al.
v. Guatemala, supra, para. 28.
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