Report No. 40 (2012) IACHR. Petition No. 3226-02 (Costa Rica)

Report Number40
Petition Number3226-02
Alleged VictimMaría Yamileth Scott Hernández
CourtInter-American Comission of Human Rights
Respondent StateCosta Rica
Case TypeArchive
Report No. 40/12

2


REPORT No. 40/12

DECISION TO ARCHIVE

PETITION 3226-02

MARIA YAMILETH SCOTT HERNANDEZ

COSTA RICA

March 20, 2012



ALLEGED VICTIM: Maria Yamileth Scott Hernandez


PETITIONER: Maria Yamileth Scott Hernandez


ALLEGED VIOLATIONS: Article 5.1 of the American Convention on Human Rights


DATE PROCESSING BEGAN: March 11, 2003



I. POSITION OF THE PETITIONER


        1. On August 28, 2002, the Inter-American Commission on Human Rights received a complaint lodged by María Yamileth Scott Hernández on account of the alleged violation of the right to health and humane treatment by the State of Costa Rica.


        1. The petitioner alleged that she was the victim of malpractice on the part of the Costa Rican Social Security Institution, because in 1996 she was discovered to have a surgical needle lodged in her pelvis, an anomaly she attributes to presumed negligence on the part of the medical team that operated on her in 1986.


II. POSITION OF THE STATE


        1. The State requested that the petition be declared inadmissible because domestic remedies had not been exhausted.


III. PROCESSING BY THE IACHR


  1. The petition was received by the Commission on August 28, 2002. On March 11, 2003, pursuant to Article 34 of its Rules of Procedure in force at that time, the Commission began processing the case and requested pertinent information from the State, to be provided within two months. The reply was received on July 7, 2004.


  1. The State's reply was forwarded to the petitioner on August 3, 2004, with a request that she submit any observations she deemed pertinent. There was no reply from the petitioner. That request for comments made on August 3, 2004 was reiterated by the IACHR on April 06, 2010. The Commission also asked that she remit up to date information so as to enable it to evaluate whether the grounds for the petition subsisted. The petitioner was also told that if the information was not received within one month, the IACHR could...

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