in one or other of the claims. It explains that that does not imply violation of the principles of
impartiality and objectivity.
63. As to the exhaustion of domestic remedies, the State contends that the fact that most of
the outcomes of the cases filed by the petitioner do not satisfy his expectations does not mean
that his human rights were violated.As to supposed violations of Article 5 of the Convention,
the State asserts that the petitioner has not adequately exhausted domestic
remedies66.Regarding the criminal case in which judgment No 614-09 was handed down, it
contends that it is still under way, given that appeals proceedings are still pending a decision.
With respect to the alleged failure to formally read the charges,it claims that the petitioner did
not exhaust domestic remedies, that he does not offer facts to support his claim, and that he
had the opportunity to present his complaints regarding procedural irregularities during the
preliminary hearing and that he did not do so.
Petition 1174-04: Damas Vega Atencio
64. The State rejects the petitioner’s allegations. In particular, it maintains that even though
the alleged victim was transferred to “Maximum Security” as a precautionary measure in the
face of an uprising and hunger strike that occurred on September 28, 2008, this does not
mean that he was put in isolation67. It further alleges that the principle of the rule of law is not
violated in the Criminal Code as a whole, nor in its Article 213; that Mr. Vega Atencio worked
on several jobs and that he received the corresponding remuneration for them, under the
terms and conditions provided for in the regulations and signed agreements; that he has
available to him the pertinent health and nutritional services, that his health condition is
monitored, and that he is provided with a special diet. It indicates that the placement of
convicts in the country’s various prisons is done in accordance with the legal regulations.
Petition 221-05: Miguel Mora Calvo
65. The State rejects the petitioner’s allegations. It specifically contends that the petitioner has
not exhausted domestic remedies. It states in particular that: a) at the time the petition was
submitted to the IACHR, requests for review of judgments No. 736-98 and No. 632-2000 were
still awaiting decision; b) he did not file a request for review of judgment No. 218-0368.It
stresses that persons who were sentenced for a crime prior to the Law on Criminal Appeals,
who may have been prevented from filing an appeal against their sentence because of the
previous rules on admissibility of such an appeal, may avail themselves of the review
procedure to bring their claims before the court (claims of fact or of law that may not have
been resolved through the appeals procedure).
Petition 587-05: Manuel Hernández Quesada
66. The State rejects the petitioner’s allegations. As to the requirement that domestic
remedies be exhausted, the State alleges that such domestic remedies were not exhausted 69.
Regarding the alleged unconstitutionality of laws Nos. 8.503, 7.728 and 7.333 that, in the
petitioner’s view, adversely affect the principle of impartiality and violate Article 8 of the
American Convention, the State contends that such allegations were not presented for a
domestic debate, through an unconstitutionality action, which would have been the most
66
On this matter, the State alleges that the petitioner has available to him a number of remedies before the Court
supervising execution of the sentencet (Juzgado de Ejecución de la Pena), which is the body responsible for such
matters as cases of illness, complaints, isolation, etc., none of which he has used. It also states that Mr. Rojas
Madrigal is a prisoner who is constantly filing cases with the various administrative and judicial bodies to present his
disagreements. It claims that in none of these complaints has it been determined that his rights were violated by
alleged aggressions and wounds inflicted by staff of the Penitentiary Security unit.
67
The State indicates that the Director of “La Reforma” reported that prisoners housed in these cells do not have
contact with each other, but are not in a state of isolation.
68
The State contends that the petitioner may not use groundless arguments for not having filed a petition for review –
i.e., that the judges that would hear the review request would be the same as those who decided the appeals casegiven that the legal system operates with alternate or substitute judges.
69
Despite this, the State asserts that the petitioner had the opportunity to file for a review procedure under the rules
of Law No 8.503, which was decided by the Third Chamber of the Supreme Court on May 23, 2007 on substantiated
legal grounds, and the review was denied.
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