Report No. 65 (2013) IACHR. Petition No. 11.495 (Costa Rica)

• Year: 2013
• Petition Number: 11.495
• Report Number: 65
• Respondent State: Costa Rica
• Court: Inter-American Comission of Human Rights
• Case Type: Archive
• Alleged Victim: Juan Ramón Chamorro Quiroz

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REPORT No. 65/13

DECISION TO ARCHIVE

PETITION 11.495

COSTA RICA

July 16, 2013

ALLEGED VICTIM: Juan Ramón Chamorro Quiroz

PETITIONER: Comisión para la Defensa de los Derechos Humanos en Centro America (CODEHUCA) [Commission for the Defense of Human Rights in Central America]

VIOLATIONS ALLEGED: Articles 5, 8 and 25 of the American Convention on Human Rights

DATE ON WHICH PROCESSING COMMENCED: February 28, 1995

1. POSITION OF THE PETITIONER

1. On February 28, 1995, the Inter-American Commission on Human Rights received a petition that the Comisión para la Defensa de los Derechos Humanos en Centroamérica (CODEHUCA) [Commission for the Defense of Human Rights in Central America] (hereinafter “the petitioner”) lodged against the State of Costa Rica (hereinafter the “State” or “Costa Rica”) alleging its responsibility for violation of the rights to judicial guarantees and to judicial protection, recognized in the American Convention on Human Rights (hereinafter the “American Convention”), to the detriment of Juan Ramón Chamorro Quiroz.

2. The petitioner asserted that on February 21, 1995, Mr. Chamorro had allegedly been apprehended by two persons in khaki uniforms and carrying M-16 rifles, one of whom hit him. The following day, Mr. Chamorro was allegedly deported, without being given the opportunity to file the domestic judicial remedies or to enter any complaint with the competent authorities. The petitioner added that Mr. Chamorro was allegedly unable to return to Costa Rica because he was undocumented and without economic means. The petitioner’s contention was that Mr. Chamorro’s undocumented status was no justification for denying him access to justice, as was done in this case.

2. POSITION OF THE STATE

3. In response to the claims made in the petition, the State maintained that the petition was inadmissible on the grounds that the remedies under Costa Rican domestic law had not been pursued and exhausted. It also pointed out that in the deportation proceedings, all domestic and international norms on the subject of deportation had been observed. It added that Mr. Chamorro could have filed remedies to have the order for his deportation nullified, or an appeal of the decision to deport or a petition seeking a writ of habeas corpus. It also argued that Mr. Chamorro could have filed a complaint concerning his alleged assault by agents of the State, but did not do so. It also observed that once in his country of origin, there was nothing to prevent Mr. Chamorro from applying to return to Costa Rica through the legally established means, to file a complaint with the competent authorities concerning the...