Council and iii) the Interdisciplinary Technical Council, which evaluates the inmates’ response
to the Technical Assistance Plan. 334
C.1. Regarding the alleged mistreatment of Damas Vega Atencio
233. Damas Vega and other inmates filed a complaint with the Ministry of Justice and the
Office of the Comptroller of Services alleging that on July 20, 2006, a search was carried out
in the prison during which they were subjected to cruel, inhuman and degrading treatment,
as well as to acts of sexual violence by prison guards. 335 In his statement before this Court,
Damas Vega explained that the complaints filed regarding the sexual abuse did not prosper
before the administrative or judicial authorities. 336
234. On July 24, 2006, Damas Vega and other inmates of the CAI La Reforma filed a
complaint with the Ministry of Justice against the Security staff of Area B. They alleged that
on July 20, 2006, they were “frisked” in the genital area by an officer. They also complained
that their dormitories were searched and that they were not allowed to be present during the
search, stressing the risk that the officers might unlawfully plant illegal substances in their
absence. 337
235. On September 29, 2006, the Comptroller of Services of the prison system issued a
report on the facts described in the preceding paragraph. Based on interviews conducted with
inmates on September 21, 2006, and on the report of the Security Supervisor of Area B, on
September 20, 2006, the Comptroller’s Office recommended that “because the incident
denounced may constitute a violation of the principles established for search procedures,
stipulated in Article 9 of the Regulations for the Search of Persons and Inspection of Property
in the Costa Rican Penitentiary System, and the subsequent actions of some officers against
the prison population may constitute a breach of the prison staff’s duties, the complaint is
brought to the attention of the Director General for the corresponding action.” 338
236. The file contains a document entitled “Notification of rights and reporting of a criminal
act,” based on which Mr. Damas Vega filed a criminal complaint on September 24, 2006, for
the crime of sexual abuse and abuse of authority against officer “Reyes,” in relation to the
acts denounced on July 20, 2006. 339 On October 2, 2006, Mr. Vega requested before the
Courts of Justice of Alajuela that the criminal case be extended to include Supervisor Antonio
and Inspector Alen, superiors of Mr. Reyes, whom he considered to be the intellectual authors
of the crime. 340
237. On November 25, 2006, Mr. Vega filed a complaint with the Sentence Execution Court
of Alajuela, against the Area B Security Department of the CAI La Reforma. He alleged that
the prison officers used abusive search practices, including sexual touching, which provoked
opposition from many inmates, in reference to the events that allegedly took place on July
20, 2006 (infra para. 461). He added that “many prison guards are not informed or aware of
Undisputed facts in the State’s answering brief of February 5, 2016 (merits file, folios 1486-1487).
Pleadings and motions brief of the common intervenor SIPDH (merits file, folio 516) and IACHR Merits
Report 33/14 (merits file, folio 51).
336
Sworn statement of Damas Vega Atencio, of August 3, 2017 (evidence file, folio 44399 and folio 44400).
337
Complaint of July 24, 2006 (evidence file, folios 20829-20833).
338
Final Report and recommendation C.S. 403-06-Inf of September 29, 2006. Comptroller of Services of the
Ministry of Justice (evidence file, folio 20839).
339
Complaint of criminal act filed against Officer José Reyes for of sexual abuse and abuse of authority, of
September 24, 2006 (evidence file, folios 20841-20842).
340
Brief requesting that the case filed against José Reyes Carrillo also be extended to his supervisor called
Antonio and Inspector Alen, of October 2, 2006 (evidence file, folio 20844).
334
335
74