Costa Rica, Supreme Court of Justice, 5 August 2022, No. 18045-2022
Case overview
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Case ID
Decision date
Deciding body (English)
Deciding body (Original)
Type of body
Type of Court (material scope)
Type of jurisdiction
Type of Court (territorial scope)
Instance
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Outcome of the decision
Link to the full text of the decision
General Summary
A group of persons deprived of liberty filed an amparo action against the Ministry of Health and the penitentiary center where they were held, indicating that despite the pandemic being controlled, their visitors were not being allowed to bring food into the prison for them.
The Court indicated that the entry of food by visitors was restricted due to the application of the protocols issued to prevent contagion with COVID-19 which was reasonable because it sought to protect the life and integrity of the population deprived of liberty, as well as of prison officials, during the pandemic.
Facts of the case
Six inmates filed an amparo action against the Ministry of Health and the penitentiary center where they were being held, arguing that although the pandemic was under control, their visitors were not allowed to bring food into the prison. They considered this measure an abuse of authority.
The Claimants pointed out that it did not make sense that outside the prison environment, it was possible to walk around without a mask, but this measure was maintained. They added that if the regulation was to protect their health, what should be done was to disinfect the space where they were being held, where there were rats and funguses.
Type of measure challenged
Measures, actions, remedies claimed
Individual / collective enforcement
Nature of the parties
Claimant(s)
Private individualDefendant(s)
Public
Type of procedure
Reasoning of the deciding body
After analyzing the case, the Court found that the entry of food brought by visitors was restricted due to the application of the protocols issued by the Ministry of Health to prevent the contagion of COVID-19.
The Court determined that the measure taken by the Ministry of Health, developed by the Ministry of Justice and Peace, and adopted by the penitentiary center where the Claimants were held, was not arbitrary since it was a public and notorious fact that the pandemic had not ended. Therefore, the implementation of measures aimed at preventing the spread of COVID-19 was reasonable since they were taken to protect the life and integrity of the population deprived of liberty and the penitentiary officials.
In addition, the Court indicated that although people were not allowed to bring in food during visits, from Monday to Friday food and other products were allowed in, and families could send them by sending inmates packages.
Conclusions of the deciding body
The Court indicated that the entry of food brought by visitors was restricted due to the application of the protocols issued to prevent the spread of COVID-19 which was reasonable because it sought to protect the life and integrity of the population deprived of liberty, as well as of prison officials.
Fundamental Right(s) involved
- Prisoners’ rights
- Right to bodily integrity
- Right to health (inc. right to vaccination, right to access to reproductive health)
Fundamental Right(s) instruments (constitutional provisions, international conventions and treaties)
- Right to health, Art. 46, Constitution of Costa Rica
- Right to bodily integrity, Art. 48, Constitution of Costa Rica
Rights and freedoms specifically identified as (possibly) conflicting with the right to health
General principle applied
Balancing techniques and principles (proportionality, reasonableness, others)
The Court implicitly applied the principle of reasonableness by indicating that the measures used by the penitentiary and the Ministry were not arbitrary because they sought to protect the life and health of the population deprived of liberty.
