45
five years had elapsed since the judgment of October 2, 2002 was handed down, and therefore this
judgment was vacated.298
8.2.
CAI La Reforma prison facilities
177. Damas Vega and other individuals deprived of liberty 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
conducted in which they were subjected to cruel, inhuman and degrading treatment, as well as acts of
sexual violence.299 On July 18, 2007, the Court of Sentence Execution of Alajuela found it did not have
jurisdiction to hear claims on these crimes because it found that it is not its duty but instead is the duty
of the Legal Department of the Ministry of Justice and Grace.300 Next, on May 7, 2009, the Department
of Administrative Proceedings of the Ministry of Justice and Grace ruled it is unable to prove
responsibility of any of the prison guards and therefore it is not appropriate to impose any sanction. It
also noted that there is no certainty that the crimes that are the subject of the instant proceeding have
actually taken place.301
178. On September 22, 2006, the Constitutional Chamber dismissed the petition for
constitutional relief on amparo filed by Mr. Damas Vega against the director and other officials of CAI La
Reforma prison.302 The alleged victim contended that he has not had access to medical care nor has he
received treatment for his condition as a diabetic. The Constitutional Chamber noted that “it is evident
that (…) he has received periodical medical care.”303
179. On October 2, 2006, Mr. Vega filed a grievance with the Sentence Execution Judge,
calling attention to the poor food provided at the CAI La Reforma prison.304 On March 15, 2007, the
Sentence Execution Court denied said grievance on the grounds that “the quantities and types of foods
provided to prisoners are appropriate.”305 It found that there is no “inadequate management in the
preparation of food for the population deprived of liberty.”306
298
Annex 138. Decision to dismiss with prejudice on grounds of lapsing of statute of limitations of criminal action
issued by the Trial Court of the South Zone, dated May 16, 2013. Annex to petitioner’s communication received in the IACHR on
September 3, 2013.
299
Annex 139. Complaint dated July 24, 2006. Annex to compact disc attached by the State to its communication of
October 25, 2010.
300
Annex 140. Decision No. 103-09 of the Sentence Execution Court of Alajuela, dated July 18, 2007. Annex to
compact disc attached by the State in its communication of October 25, 2010.
301
Annex 141. Final Decision No. 010-223-2006 of the Department of Administrative Proceedings of the Ministry of
Justice and Grace, dated May 7, 2009. Annex to compact disc attached by the State in its communication of October 25, 2010..
302
Annex 142. Decision No. 2006-014040 of the Constitutional Chamber, dated September 22, 2006. Annex to
petitioner’s communication of December 11, 2006.
303
Annex 142. Decision No. 2006-014040 of the Constitutional Chamber, dated September 22, 2006. Annex to
petitioner’s communication of December 11, 2006.
304
Annex 143. Submission of grievance, dated October 2, 2006. Annex to petitioner’s communication of December
11, 2006.
305
Annex 144. Decision No. 899-07 of the Sentence Execution Court, dated March 15, 2007. Annex to petitioner’s
communication of July 16, 2007.
306
Annex 144. Decision No. 899-07 of the Sentence Execution Court, dated March 15, 2007. Annex to petitioner’s
communication of July 16, 2007.