QCOSTARICA – The magistrates of the Constitutional Court (Sala Constitucional) proved right an inmate of the La Reforma prison, who refused to be taken to a medical appointment in handcuffs and shackles.
File no. 15.-002477-007-CO indicated that the inmate refused to be mobilized in this way, missed his appointment and filed an action with the Constitutional Court for a violation of his rights.
The judges, in their decision in the case, described the measures taken by prison authorities as “disproportionate and irrational”.
“The appellant in the case is a person that does not manifest any degree of danger (…),” said the statement from the Court.
The Ministry of Justice (Ministerio de Justicia y Paz) argued that the inmate did not qualify for any exceptions to the use of restraints during transport.
The Court, admitting the need to keep prison staff and CCSS medical staff safe, however, it characterized the incident as an excessive use of restraints, and ordered the warden of La Reforma, not to jeopardize the dignity and physical integrity of inmates when being moved outside the prison.