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.