c)
it modified the judicial review proceeding, which shall act against the
judgment issued by the tribunals of appeal12: i) when the existence of contradictory
orders issued by said tribunals are alleged, or by said tribunals and by the Court of
Criminal Review,13 or ii) when the judgment does not comply with or erroneously
applies a substantive or procedural legal precept.14
12.
The representatives took positive note of the sanction made on April 29, 2010 by the
Legislative Assembly of Costa Rica to the “Law for the Creation of Appeal Proceedings for
Judgments, additional amendments to the provisions of appeals and implementation of new
orality rules in criminal proceedings,” which became the Law of the Republic No. 8.837 after
its publication in the “La Gaceta”, Costa Rica’s Official State Newspaper, on June 9, 2010.
Also, they stated that although ��full compliance with this chapter of the Judgment will only
be achieved when the new procedural system gains complete practical enforcement,” it
must, however, be assumed that the State will apply this system appropriately and in good
faith. Also, they manifested that “with the introduction of the new procedural system, the
State has complied formally with that set forth by the Judgment and that any divergence
that may arise during the application of said system would relate to general compliance with
duties that Costa Rica must undertake in accordance with the Convention, rather than the
execution of the Judgment on the [present case].” Finally, the representatives stated that
with “the complete and definitive execution of the Judgment, […] Costa Rica honors once
again its recognized commitment to the international protection of human rights.”
13.
The Inter-American Commission “evaluat[ed] the progress stemming from the
approval of the Law No. 8.837 and consider[ed] that it incorporates elements taken into
account by the Court in its [J]udgment regarding the scope of Article 8(2)(h) […] of the
American Convention.” Also, it observed that, in relation to this progress, it is necessary to
assess its practical implementation, since the Commission “has a great number of petitions
related to the issue set forth in the present operative paragraph of the [J]udgment.”
14.
The Tribunal positively values the various measures adopted by Costa Rica to comply
with the Judgment of the present case, fundamentally, taking into account the high
complexity of the material —the system of appeals for criminal matters— and the measures
which are necessary to comply with this goal. Notwithstanding the difficulties, since the
issuance of the Judgment, the State adopted various measures in order to advance toward
full compliance with it provisions. Accordingly, the Inter-American Court viewed the
approval of Law. No. 8.503 “Law of Opening of Criminal Cassation” (hereinafter “Law of
Opening”) positively and the fact that said law was approved one year and seven months
after the notification of the Judgment. Also, the Tribunal valued that the Judicial Power
adopted “immediate measures,” even before the approval of the Inaugural Law, so as to
bring judicial practice in to line with the provisions of the Judgment.15
12
Cf. Article 467.- Appealable Orders, Code of Criminal Procedure, reformed by Article 5 of the “Law of
Creation of Recourses of Appeal of Judgments, other reforms to the regimen of challenges and implementation of
new rules of orality in the criminal process.”
13
Cf. Article 468.- Motives, Code of Criminal Procedure, reformed by Article 5 of the “Law of Creation of
Recourses of Appeal of Judgments, other reforms to the regimen of challenges and implementation of new rules of
orality in the criminal process.”
14
Cf. Article 468.- Motives, Code of Criminal Procedure, supra note 13.
15
Cf. Case of Herrera Ulloa v. Costa Rica, Supervision of Compliance of Judgment. Order of the Court of
July 9, 2009, Considering Clause twenty-eight.