28
111. The Constitutional Chamber ordered the water contamination problem to be solved
within a period of one month.157 It noted that in order to ascertain that it was indeed solved, the Costa
Rican Institute of Aqueducts and Sewers shall coordinate with the National Water Laboratory to test the
water of CAI La Reforma prison and provide a report thereof to the Chamber.158 The Constitutional
Chamber also concluded that the suspensions of water service “are disproportionate and affect,
therefore, the health of those deprived of liberty.”159 It ordered the authorities to provide potable
water service continually within a period of three months, “that is to say, for 24 hours a day seven days
a week.”160
112. In a communication received on December 25, 2012, Mr. Rojas filed a petition for
amparo relief with the Constitutional Chamber. He requested for the third time that his right to health
be ensured inasmuch as he did not have access to medical services. He claimed that he suffers from
high fevers, blood in his stool and diarrhea. He specifically contended that the prison overcrowding
problem made his condition worse.161
113. On December 27, 2012, the Constitutional Chamber ordered the authorities “to adopt
the necessary measures to ensure that Rafael Antonio Rojas Madrigal receives the medical attention he
requires to adequately treat his ailment (…) either in the Institutional Care Center [the prison] itself or at
a hospital facility.”162
114. On January 18, 2013, the Constitutional Chamber granted the petition for amparo relief
filed by Mr. Rojas, received on December 25, 2012.163 The Constitutional Chamber found it to be proven
fact that on September 7, 2011, Mr. Rojas was diagnosed with hemorrhoids and was prescribed a
treatment.164 It noted that because medical attention had just been sought for him with the filing for
amparo, it “constitutes a violation of his right to health.”165 Accordingly, the Constitutional Chamber
157
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
158
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
159
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
160
Annex 70. Decision No. 2012012846 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 14, 2012. Annex to petitioner’s submission of December 21, 2012.
161
Annex 71. Submission of amparo petition of Mr. Rojas Madrigal, dated December 25, 2012. Annex to petitioner’s
submission of April 22, 2013.
162
Annex 72. Decision of the Constitutional Chamber, dated December 27, 2012. Annex to petitioner’s submission of
April 22, 2013.
163
Annex 73. Decision of the Constitutional Chamber, dated January 18, 2013. Annex to petitioner’s submission of
April 22, 2013.
164
Annex 73. Decision of the Constitutional Chamber, dated January 18, 2013. Annex to petitioner’s submission of
April 22, 2013.
165
Annex 73. Decision of the Constitutional Chamber, dated January 18, 2013. Annex to petitioner’s submission of
April 22, 2013.