The magistrate Rueda Leal records a note.
\n\n\n\n| | | |\n|---|---|---|\n|
Luis Fdo.
\n\nSalazar A. | | \nJorge Araya G.\n | | \nAnamari Garro V. | | | \nIngrid Hess H.\n\n \n\n \n\nDigitally Signed Document\n\n-- Verification Code --\n\n\n\n TS437B5685PY61 \n\nEXPEDIENTE N° 26-002129-0007-CO \n\n \n\nTeléfonos: Telf01/ ALA-4TA (Telf02). Fax: Telf03 / Telf04. Dirección electrónica: www.poder-judicial.go.cr/salaconstitucional. Dirección: (Dirección01, Dirección02, 100 mts. Sur de la iglesia del Perpetuo Socorro).\n\nRegarding the water shortage, it is reported that all corresponding coordination has been carried out so that the incarcerated population and all officials of the prison center have potable water for drinking and non-potable water for performing daily cleaning and hygiene tasks. These coordinations have been carried out with the Instituto Costarricense de Alcantarillados, which collaborates with tanker trucks, and with the support of the Fire Department. In this regard, the Prison Police Command states that \"the problem here is not the water supply but rather that the incarcerated individuals do not ration this important liquid; the situation at this moment does not seem to matter to them, and this occurs despite explaining the situation to them in detail and asking for their collaboration. Even the maintenance department has previously put stop valves and faucets at each potable water intake, but the incarcerated individuals take advantage of every oversight to destroy or remove the valves used to regulate water waste, and thereby regulate the high consumption of water resources that supply the entire prison center.\" The appellant alleges that the authorities of the prison center have not solved the situation nor guaranteed a sufficient and continuous alternate supply; however, it must be stated that this is not true, as both the police force and the undersigned and the Administration of this prison center have implemented all necessary measures to provide potable and non-potable water to the affected incarcerated population and the officials. With regard to solving the presented problem, a company has already been contracted to repair the water pump, and they have already carried out the extraction, which is a complex procedure due to the weight and depth of the pump, continuing with the review of the breakdown and the coordination of its replacement or repair. In response to the damage caused by unforeseen technical failures outside the scope of institutional control and responsibility, as reported supra, immediate inter-institutional coordination was undertaken with the competent authorities, specifically with the Instituto Costarricense de Acueductos y Alcantarillados (AYA) and the Benemérito Cuerpo de Bomberos de Costa Rica. The primary purpose of the foregoing was to guarantee, in a timely, continuous, and sufficient manner, the supply of both potable water and non-potable water in the facilities of the Centro de Atención Institucional Jorge Arturo Montero Castro. Said management was carried out in strict adherence to the principles of continuity of public service, risk prevention, protection of public health, and safeguarding of fundamental rights, particularly the right to life, to health, and to dignified conditions of confinement for incarcerated persons, as well as adequate working conditions for the administrative, police, and technical staff who provide their services at said prison center. In that sense, the actions adopted had the purpose of guaranteeing the normal development of the center's daily activities and ensuring that the basic needs of the prison population and institutional staff were met without interruptions or serious impact, thus avoiding unsanitary conditions, accumulation of waste, foul odors, and an immediate risk to health, physical integrity, and human dignity. Additionally, it is pertinent to note that, complementary to the entry of water resources from external sources, various internal logistical and operational procedures were carried out, in coordination with mobile police units and administrative vehicles assigned to the Transportation Department. These actions consisted of transporting and filling storage tanks from the sector of UAI Reynaldo Villalobos, in order to subsequently redistribute the water resources to the different living areas, administrative areas, and essential zones of the prison center. The described actions were carried out as extraordinary, temporary, and proportional measures, aimed at mitigating the effects of the contingency that occurred, ensuring institutional operability, and preventing potential public health, security, or internal order risk situations, all in compliance with the legal duty of the Public Administration to guarantee the effective provision of services under its responsibility. It is important to inform Your Honor that this Administration has timely and diligently executed all necessary actions to remedy the water supply shortage that affected the Centro de Atención Institucional Jorge Arturo Montero Castro, a situation caused by technical failures outside the scope of institutional control. Said actions have been carried out under the principles of effectiveness, continuity of public service, and due administrative diligence. As a result of the measures adopted, it is considered that the impact generated by the referred contingency has been duly mitigated, guaranteeing the attention of the basic needs of both the incarcerated population and the staff working at the prison center. Likewise, follow-up and permanent supervision mechanisms have been implemented to verify the stability of the supply and immediately adopt any corrective action that may be necessary, until the full, regular, and definitive restoration of the water supply is achieved. It is important to indicate to Your Honor that, at present, the Administration is undertaking the necessary efforts and executing the corresponding corrective actions in order to resolve the situation presented, within the permitted technical and administrative margins. In this sense, the Administration of this prison center reports via official letter A-JAMC-054-2026, issued on January 26, 2026, that according to the Department of Architecture of the Ministry of Justice and Peace, in an email dated January 20, 2026, it is estimated that the repair will take approximately one and a half months. The foregoing is carried out with the objective of guaranteeing that both the incarcerated population and institutional staff have optimal, safe, and adequate conditions for the access and provision of the service, in strict adherence to the principles of legality, reasonableness, and protection of fundamental rights. In relation to the appellant's allegation that the lack of water has generated unsanitary conditions, accumulation of waste, foul odors, and an immediate risk to health, physical integrity, and human dignity, the command of the Prison Police reports that the collection of waste and cleaning of spaces has not undergone any variation, since a \"chapulín\" type vehicle with a trailer is available for the constant transport of waste, which prevents the production of foul odors and pests. This waste is collected at least twice a week by garbage trucks of the Municipality of Alajuela. For the reasons stated, and as far as the authorities of this prison center are concerned, we request that we be exonerated from all guilt and responsibility for the facts alleged in this Amparo Appeal, inasmuch as it has been duly demonstrated that the fundamental rights of the Prison Police and the incarcerated individuals have not been harmed.\" It requests that the appeal filed be declared without merit.\n4.- Alexander Bolaños Córdoba, in his capacity as Director of Adaptación Social, provides a sworn report (report rendered on January 29, 2026), in similar terms to the Centro de Atención Institucional Jorge Arturo Montero Castro.\n5.- María Antonieta Acuña Hernández, in her capacity as a.i. Director of the Área Rectora de Salud de Alajuela 2, provides a sworn report (report rendered on February 8, 2026), in the following terms: “In response to the request for information required by resolution dated January 23, 2026, and in follow-up to the case indicated in the subject line, it is stated that officials of the Área Rectora de Salud Alajuela 2 conducted inspection visits, the last one on February 2, 2026, to the La Reforma Prison Complex establishment, specifically to CAI Nombre02 (official letter CARTA-MS-DRRSCN-DARSA2-0403-2026). At the site, as indicated, officials Ilena Solano Guevara (Administration) and Bernal Chacón Muñoz (Head of Security) were present. 1. Regarding the problem of potable water shortage in the Complejo Penitenciario Occidente, the Dirección Regional de Rectoría de la Salud Central Norte requested information from the La Reforma Clinic about this situation and the contingency measures in the event of a potential gastrointestinal outbreak. 2. By official letter No. CLR-250-2026, Dr. Rafael González Cortés, a.i Director of the La Reforma Clinic (see attached copy), indicated that, as of January 21, 2026, no increase in medical consultations for gastrointestinal symptoms had been recorded among the prison population associated with the interruption of the potable water supply. As contingency measures, the following have been implemented: • Continuous water supply via tanker truck, with an approximate frequency of two to three daily entries by AyA (potable) and the Benemérito Cuerpo de Bomberos de Costa Rica (non-potable). • Provision of four drums per module, which are replenished each time they are depleted. • Differentiated availability of potable water for human consumption and non-potable water for sanitary use (bathrooms). • Maintains permanent surveillance of the situation in the medical area of the Complejo Penitenciario Occidente. 3. On behalf of this Directorate, on January 28, 2026, sanitary order No. MS-DRRSCN-DARSA2-OS-017-2026 was issued, regarding opportunities for improvement in the logistics of the provisional potable water supply in the Complejo Penitenciario Occidente. The foregoing, taking as input the inspections carried out by the Regulation Team. It is worth mentioning that the centers are being supplied with water by tanker trucks from AyA and the Fire Department (potable and non-potable water, respectively), and certain areas maintain the potable water supply through pipes. The administrative act was directed to the Dirección General de Adaptación Social and is known to the directors of the prison centers. This sanitary order is within its compliance period. 4. On January 30, 2026, an inter-institutional meeting was held between the Ministry of Justice and Peace and the Ministry of Health, via Microsoft Teams (see attached log). At this meeting, the following actions were agreed upon: • Installation of drums with valves to prevent water handling with containers and thereby reduce water contamination. • Sampling of water stored in drums to measure its chlorination. • Convening the next meeting with AyA representatives to assess water supply to the center. • Extension of medical care hours for February 1, 2026. • Distribution of personal hygiene supplies, toilet paper, gel alcohol. • Establishment of direct communication lines. 5. Due to the application of new specific guidelines for the High Containment Circuits of the National Penitentiary System, the Directorate of the CAIs must respect the profile of the incarcerated person to apply specific security protocols, such as the number of officers necessary to enter the dormitories. 6. On February 2, 2026, as recorded in the ocular inspection report No. MS-DRRSCN-DARSA2-0380-2026, official Diana Espinoza Navarro appeared at the facilities of CAI Nombre02 to assess the physical-sanitary conditions and potable water supply. The foregoing, in response to the following amparo appeals: 26-002130-0007-CO, 26-001878-0007-CO, 26-002129-0007-CO, and 26-001778-0007-CO. At the prison center, Messrs. Andy Betancourt Prendas, Bernardo Casanova A., Miguel Fallas Jiménez, Luis Carlos Jiménez C., and other Prison Police officers were present. 7. Regarding the physical-sanitary problems set forth by Mrs. Nombre01, the following is stated: a. Regarding the prolonged potable water cut-off: The cut-off referenced is associated with a major failure in the pump of the main well located in CAI Luis Paulino Mora Mora. According to what was indicated by the Dirección General de Adaptación Social, the repairs could take at least one more month; therefore, they have implemented the measures described above, and these apply to the prison population and officials of the Ministry of Justice and Peace. b. Insufficient water supply for the population (inmates and police): As for this point, the distribution of water by AyA tanker trucks was confirmed. The water is stored in drums and these are distributed in the dormitories of the incarcerated individuals and police, as well as in the administrative offices. In addition to the foregoing, package deliveries of up to 6 liters per day of containers (drum and jug type), personal hygiene and cleaning items are permitted from family members and acquaintances of the incarcerated individuals. On their part, as indicated by the center authorities, the acquisition of drums with hermetic lids is being managed, and they are building devices to dispense water, in compliance with what was requested in sanitary order MS-DRRSCN-DARSA2-OS-017-2026. The sanitary authority noted that, during the tour, drums with potable and non-potable water were observed, and in the dormitories of the prison police, it was confirmed that water did arrive (low flow). According to the authorities, at night, the tank that supplies the CAI is filled with water from the secondary well; however, the source is limited. c. Accumulation of waste and foul odors: Regarding waste collection, this has not been affected by the pump failure in the well. In general, during the visit, the spaces and surroundings of the referred CAI were observed to be clean. Ministry of Justice and Peace officials periodically provide cleaning supplies (brooms, shovels, disinfectants, and chlorine). Based on the foregoing, the sanitary authority concluded that, despite the interruption of the potable water service in the Complex, and in CAI Jorge Arturo Montero Castro, the incarcerated individuals, prison police, and administrative officials currently have a potable water supply through the use of tanker trucks from AyA and the secondary well of the La Reforma aqueduct system. Likewise, there is support from non-potable water for cleaning tasks and sanitary toilet flushing, supplied by the Benemérito Cuerpo de Bomberos de Costa Rica. Furthermore, in reference to sanitary order MS-DRRSCN-DARSA2-OS-017-2026, it was determined that the Ministry of Justice and Peace is executing the requested measures; therefore, no sanitary deficiencies or health problems were determined in the population (incarcerated individuals and officials) that would warrant the issuance of new administrative acts. In any case, compliance with the referred sanitary order will be monitored through meetings and inspections of the establishment until the existing problem with the main well that supplies potable water to the Complejo Penitenciario La Reforma is corrected.\"\n6.- The legal requirements have been observed in the procedures followed.\n\nDrafted by Judge Araya García; and,\n\nConsidering:\nI.- Object of the appeal. The appellant claims a violation of the fundamental rights of the amparo petitioners, stating that in Centro de Atención Institucional Nombre02 there has been a prolonged and continuous cut-off of the potable water supply, meaning there has not been sufficient water for human consumption, which causes unsanitary conditions. Despite the foregoing, the prison authorities have taken no action to resolve this problem.\nII.- Preliminary matters. Before analyzing the merits of the case, it must be clarified that, upon better consideration, this Chamber decided to summarily dismiss the amparo appeals filed on behalf of sentenced incarcerated individuals, given that precept 482 of the Código Procesal Penal grants broad powers to the execution judges, who are only subject to the law (in a broad sense), international treaties, and the Political Constitution. Consequently, regarding matters pertaining to the execution of the sentence, the prison authorities are subordinate to the decisions of the sentence execution judges, and it is the latter, in their capacity as justice operators, who are the first called upon to resolve the petitions of sentenced incarcerated individuals that are raised in defense of their rights (including fundamental ones) during the serving of the sentence. Thus, concerning the exercise of jurisdictional protection of fundamental rights, the Chamber would only hear cases admitted through the habeas corpus route, since amparo is inadmissible against jurisdictional resolutions and actions of the Judiciary (subsection 30 b) of the Ley de la Jurisdicción Constitucional), this latter with the exception of matters referred to judicial delay in the terms established by the jurisprudence of this court, access to constitutional justice, and those relating to issues of human dignity, health, and life of the amparo petitioners, whose resolution should not be delayed by referring the appellant to the sentence execution jurisdiction.\nPrecisely, in the sub lite case, an exception is presented, as a situation is reported that could generate public health conditions that threaten the fundamental rights of the amparo petitioners, incarcerated individuals of the respondent prison center. Once the point is clarified, we proceed to resolve the situation claimed in this matter.\nIII.- Proven facts. Of importance for the decision in this matter, the following facts are deemed duly proven, either because they have been so accredited or because the respondent has omitted to refer to them as provided in the initial order:\n\n| | |\n|---|---|\n| a) | Since January 13, 2026, the potable water supply at CAI Jorge Arturo Montero Castro has not been provided, due to a major failure of the pump located in well 1 of CAI Luis Paulino Mora Mora, whose repair could take at least 1 month (see the reports rendered and the evidence provided). |\n| b) | Given the indicated problem, the following has been stated at the prison center: “(...) among the actions carried out, coordination was undertaken with the competent authorities, including Acueductos y Alcantarillados and the Fire Department, to request the necessary help and so that they could provide us with the tanker trucks that both institutions have; thus, in response to our request, both institutions have collaborated with us to date with the water transport units belonging to the Fire Department 341-479 and that of AyA 102-1545. It is worth mentioning that to date these units enter once per day, according to their availability and operability to supply the trucks, to collaborate with us satisfactorily regarding our problem. |\n\n(attached are official memoranda JEF-0117-26-2026, JEF-0114-2026, and JEF-0118-2026 which demonstrate the actions described, evidencing the police action)” (see the reports rendered and the evidence provided).\n\nc) On January 27, 2026, the Área Rectora de Salud Alajuela 2 of the Ministry of Health conducted an inspection due to the shortage of potable water (agua potable) at the CAI Jorge Arturo Montero Castro, with the following result: “(…) Once the inspection visit to the site in question was carried out, it was possible to demonstrate that there are no non-compliances in physical-sanitary conditions that represent health problems (…)” (sic) (see the reports rendered and the evidence provided).\n\nd) On January 28, 2026, the Área Rectora de Salud Alajuela 2 of the Ministry of Health notified the Dirección General de Adaptación Social of sanitary order no. MS-DRRSCN-DARSA2-OS-017-2026, with the following actions: “(…) Rechlorinate the barrels in which water (agua) for consumption is stored, following the proportion of five teaspoons or two bottle caps of liquid chlorine per barrel, according to PAHO (…) Immediate (…) Re-adapt the containers for potable water (agua potable) for direct consumption: - The containers must be obligatorily closed, with a hermetic lid or equivalent system, to prevent the direct manipulation of the water (agua) and contact with hands, cups or other objects - In the event of budgetary limitations, the existing barrels must be adapted with a lid and a tap or faucet-type system at the bottom, allowing water (agua) to be extracted without needing to open the container. - Alternatively, closed containers with integrated nozzles or dispensers, designed to guarantee the hygiene and safety of water (agua) intended for human consumption, may be acquired (…) 5 working days (…) Submit a comprehensive maintenance, rehabilitation and monitoring plan for the well pumping systems that includes: - Equipment inventory - Failure history - Status of critical components (control systems, power cabling, pipes, valves) - Schedule of inspections and maintenance activities (mechanical, electrical and lubrication), cleanings, among others. - Identification of critical spare parts. - Maintain critical stock inventory (…) 10 working days (…)” (sic) (see the reports rendered and the evidence provided).\n\ne) On March 11, 2026, the Área Rectora de Salud Alajuela 2 of the Ministry of Health carried out an inspection with the following result: “(…) During the inspection visit made to the Centro de Atención Institucional Jorge Arturo Montero Castro, at the time of the inspection walkthrough it was demonstrated that the CAI has a supply of potable water (agua potable), it was demonstrated that the medical offices, both the one for staff and the one for persons deprived of liberty, in addition to the kitchens, both for staff and for persons deprived of liberty, have potable water (agua potable). • The potable water (agua potable) service was reestablished as of March 6, 2026 (…) Once the inspection visit concluded, the issues raised by the petitioner in the present amparo appeal against the Centro de Atención Institucional Jorge Arturo Montero Castro were not demonstrated, it being important to emphasize that since March 6, 2026, the potable water (agua potable) service has been reestablished in a normal manner” (sic) (the emphasis does not belong to the original) (see the evidence provided in case file no. 26-006445-0007-CO).\n\nIV.- Regarding the specific case. This Constitutional Chamber, through judgment No. 2026005391 at 09:34 hours on February 13, 2026, resolved the amparo appeal (recurso de amparo) No. 26-001448-0007-CO, filed in identical terms to the present one:\n\n“(…) In the sub lite case, the petitioner indicates that the protected person is deprived of liberty in the CAI Nombre02 and alleges that, both that CAI and the CAI Terrazas, are experiencing a shortage of water (agua). She details that the protected person has an upset stomach, because they give him non-potable water (agua no potable). She points out that she has sent emails to the Contraloría de Servicios of the Ministry of Justice and Peace, but what they tell her is that it is false that there is no water (agua). She reproaches that the entry of hygiene articles is only allowed every 2 months. From the case file it emerges that the person under protection is deprived of liberty as a sentenced person in living unit C of the CAI Jorge Arturo Montero Castro. In January 2026, the respondent CAI had a shortage of potable water (agua potable) due to technical failures in the extraction system of well no. 1 and the respondent prison center adopted provisional measures to provide water (agua) to the prison population. In view of the foregoing, through the course resolution of this amparo, the Área Rectora de Salud de Alajuela 2 was asked to conduct an inspection of the prison center, for the purpose of confirming or discarding the unsanitary conditions. In this regard, after the inspection, through sanitary order no. MS-DRRSCN-DARSA2-OS-017-2026 of January 28, 2026, the Área Rectora de Salud Alajuela 2 of the Ministry of Health ordered the Dirección General de Adaptación Social: “In accordance with current legislation, the Ministry of Health has the technical, political, and legal competence to dictate and order actions on matters of Public and Environmental Health protection. By virtue of the above, and in follow-up to the Amparo Appeals Case Files No. 26-001448-0007-CO and 26-001879-0007-CO appealed by Mrs. Nombre04 and Mrs. Nombre05, regarding the shortage of potable water (agua potable) in the Centros de Atención Institucional (CAI) Nombre02 and Nombre06. The foregoing, due to an operational failure of the pump at well 1. As stated in document CARTA-MS-DRRSCN-DARSA2-0285-2026 (see attached copy); inspections were carried out on January 27, 2026, and it was determined advisable that the Ministry of Justice and Peace, through its different organizational units, proceed to (…)\n\nThe administrative act (Sanitary Order) has the fundamental purpose of protecting the health of the population and the environment. The foregoing with legal basis in article 50 of our Political Constitution, the General Health Law articles 1, 2, 4, 7, 8, 9, 264, 265, 266, 267, 268, 269, 272, 273 and 355, Reglamento para la calidad del Agua Potable (DE-38924-S), other related laws. To the party failing to comply, a fine of one base salary will be imposed in compliance with the provisions of article 378 of the General Health Law: A fixed fine of one base salary shall be applied to anyone failing to comply with the orders or special or general measures dictated by the health authorities, provided that the act does not constitute a crime...”. It is warned that in the event of non-compliance with this sanitary order, a complaint will be filed before the Public Prosecutor's Office for the crime of disobedience, article 314 of the Penal Code “314. Disobedience A prison term of six months to three years shall be imposed on whoever fails to comply or fails to enforce, in all its aspects, the order given by a jurisdictional body or by a public official in the exercise of their duties, provided that it has been communicated personally, except if it concerns one's own detention.” “In accordance with articles 60 and following of the Ley Orgánica del Ministerio de Salud, in relation to this sanitary order, it is appropriate to file Appeals for Reconsideration with a Subsidiary Appeal within five working days counted from its notification. The appeal may be filed before the Office of the Área de Salud and, if necessary, the reconsideration will be resolved by the Dirección Regional del Ministerio de Salud and, if necessary, the appeal will be resolved by the Ministry of Health.”\n\nIn this regard, it is proven that, despite the CAI adopting measures to provide water (agua) to the persons deprived of liberty, the means were not optimal and, therefore, the aforementioned sanitary order was issued. Hence, the violation of the fundamental rights of the protected party is proven, as a situation of unsanitary conditions is verified in relation to the supply of potable water (agua potable). From this perspective, it is appropriate to grant the appeal in the terms to be stated in the operative part (…)\n\nPor tanto:\n\nThis appeal is declared with merit. Alexander Bolaños Córdoba, in his capacity as Director General of Adaptación Social, is hereby ordered; as well as Melissa González Gaitán, in her capacity as Acting Director of the centro de atención institucional Nombre02, or whoever holds those positions, to issue the pertinent orders and arrange what is necessary within the scope of their respective competences, so that, IMMEDIATELY, they comply with the provisions of sanitary order no. MS-DRRSCN-DARSA2-OS-017-2026 of January 28, 2026, issued by the Área Rectora de Salud Alajuela 2, within the timeframes established therein. The respondent authorities are warned that, in accordance with article 71 of the Ley de la Jurisdicción Constitucional, a prison term of three months to two years or a fine of twenty to sixty days shall be imposed on anyone who receives an order that they must comply with or enforce, issued within an amparo appeal and does not comply with it or does not enforce it, provided the crime is not more severely penalized. The State is ordered to pay the costs, damages and losses caused by the events serving as the basis for this declaration, which shall be liquidated in the execution of a judgment from the contentious-administrative jurisdiction. Judge Rueda Leal notes. Notify (…)” (sic) (the emphasis does not belong to the original).\n\nSubsequently, this Constitutional Chamber analyzed another case regarding the matter claimed here (case file no.\n\n26-006445-0007-CO, judgment no. 2026-011081 of 09:20 hours on March 27, 2026), in which it was verified that on March 11, 2026, the Alajuela 2 Health Governing Area (Área Rectora de Salud Alajuela 2) of the Ministry of Health carried out an inspection with the following result: \"(...) During the inspection visit conducted at the Jorge Arturo Montero Castro Institutional Care Center (Centro de Atención Institucional Jorge Arturo Montero Castro), at the time of the inspection walkthrough it was evident that the CAI has a potable water supply; it was evident that the medical offices, both for staff and for persons deprived of liberty, as well as the kitchens for both staff and persons deprived of liberty, have potable water. • The potable water service was reestablished as of March 6, 2026 (...) Once the inspection visit was concluded, the problems raised by the petitioner in this amparo appeal against the Jorge Arturo Montero Castro Institutional Care Center were not evident, it being important to emphasize that since March 6, 2026, the potable water service was reestablished normally\" (sic) (emphasis not in the original).\n\nThus, in said decision (judgment no. 2026-011081 of 09:20 hours on March 27, 2026), the following was indicated:\n\n\"V.- In addition to the foregoing, it must be highlighted that according to what was indicated by the Alajuela 2 Health Governing Area of the Ministry of Health, since March 6, 2026, the CAI Jorge Arturo Montero Castro, the medical offices, and the kitchens have had a normal supply of potable water.\"\n\nConsequently, the petitioner must abide by what was decided in this latest judgment.\n\nV.- Conclusion. Let the petitioner abide by what was decided in judgment No. 2026-011081 of 09:20 hours on March 27, 2026.\n\nVI.- NOTE FROM JUDGE RUEDA LEAL. I note that with regard to the jurisdictional protection of fundamental rights, this Chamber would only hear matters brought before it by means of the habeas corpus appeal, with the exceptions already mentioned for the amparo proceeding. Additionally, the avenue of an unconstitutionality action –abstract constitutional review– remains open, provided the petitioner meets the requirements established in articles 73 through 79 of the Law of the Constitutional Jurisdiction (Ley de la Jurisdicción Constitucional).\n\nVII.- DOCUMENTATION PROVIDED TO THE CASE FILE. The parties are warned that if they have provided any paper document, as well as objects or evidence contained in any additional electronic, computer, magnetic, optical, telematic device or one produced by new technologies, these must be collected from the office within a maximum period of 30 business days counted from the notification of this judgment. Otherwise, all material not collected within this period will be destroyed, pursuant to the provisions of the \"Regulation on the Electronic File before the Judiciary\" (Reglamento sobre Expediente Electrónico ante el Poder Judicial), approved by the Full Court in session No. 27-11 of August 22, 2011, article XXVI and published in Judicial Bulletin number 19 of January 26, 2012, as well as the agreement approved by the Superior Council of the Judiciary, in session No. 43-12 held on May 3, 2012, article LXXXI.\n\nTherefore:\n\nLet the petitioner abide by what was decided in judgment No. 2026-011081 of 09:20 hours on March 27, 2026.\n\nJustice Rueda Leal records a note.\n\n| | | | |\n| --- | --- | --- | --- |\n| |  | | |\n| | Fernando Castillo V. | | |\n| | Presidente | | |\n| |  | |  |\n| | Fernando Cruz C. | | Paul Rueda L. |\n| |  | | |\n\nLuis Fdo.
\n\nSalazar A.
Jorge Araya G.
Anamari Garro V.
Ingrid Hess H.
Digitally Signed Document
-- Verification Code --
TS437B5685PY61
EXPEDIENTE N° 26-002129-0007-CO
Telephones: Tel01/ ALA-4TA (Tel02). Fax: Tel03 / Tel04. Email: www.poder-judicial.go.cr/salaconstitucional. Address: (Address01, Address02, 100 mts. South of the Perpetuo Socorro church).