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RESOLUTION
Nº 16/87 CASE
9788 COSTA
RICA September
22, 1987
THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS: HAVING
SEEN the background on Case Nº 9788, which is essentially the
following: detention of the German citizen, Mr. Claus W. Haupt Korte, in
the Republic of Costa Rica for common crimes in the rape of a female
minor and fraud through the use of false documents; criminal trial and
sentence by the First Superior Criminal Court of San José, Section One,
Nº 279 of December 3, 1981, declaring the aforementioned perpetrator
responsible for the above-mentioned crimes and sentencing the guilty
party to l6 years in prison, CONSIDERING:
1. That in the
light of the terms of reference provided by the claimant, it cannot be
deduced or concluded that he has been the victim of any violation of the
human rights provided for in the American Convention on Human Rights, in
particular, of the right to the legal guarantees under Article 8 of that
Convention; 2. That the
Government of Costa Rica has answered satisfactorily, extensively and in
timely fashion the Commission's request that it be informed of the
details of this case, indicating "that the claimant's assertions
are unfounded and that there is no specific evidence that in any way
leads to the conclusion that Mr. Korte was judged without proper defense
or that his basic rights were violated," which opinion the
Commission shares on the basis of the information contained in the
record. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 1. To declare
inadmissible the communication to which Case Nº 9788 refers, and,
therefore, to close the case without further process. 2. To convey this
resolution to the Government of Costa Rica and to the claimant. |