16 67. On July 22, 2002, the Criminal Court of the First Judicial Circuit of San José ordered a trial proceeding to be opened for three crimes of rape, one crime of aggravated corruption, two crimes of sexual abuse of a minor and two crimes of deprivation of liberty of three children.53 68. On December 12, 2002, the Criminal Court of the First Judicial Circuit of San José issued its judgment finding Mr. Rojas responsible for two crimes of sexual abuse of minors and for one crime of raping a minor [statutory rape].54 The Criminal Court sentenced him to a 24-year jail term.55 69. On January 20, 2002, a petition for a writ of reversal on cassation was filed.56 A violation of due process rights and the right to a defense was alleged, on the grounds that i) no physical identification of the individuals was conducted; ii) no notice was served of the court rulings; iii) findings on the technical defense were omitted; iv) the judgment could not be fully read; v) no correlation could be drawn between the charges and the conviction. On July 31, 2003, the Third Chamber denied the petition.57 70. On February 6, 2004, the Third Chamber denied the motion for review of conviction 58 filed by him. It held that one of the admissibility rules for a motion of review of conviction is that the issues have not been previously raised. It noted that the arguments being submitted have already been addressed in the cassation decision of July 31, 2003.59 71. Mr. Rojas filed four additional motions for review of conviction on March 1, 15, and 29, and April 12, 2004.60 In these motions, he alleged i) failure to gather essential evidence; ii) failure to provide a basis for the conviction; iii) violation of the principle of consistency between the charges and the judgment; and iv) preclusion from providing testimony during the preliminary hearing.61 53 Annex 19. Order to institute trial proceedings of the Criminal Court of the First Judicial Circuit of San José, dated July 22, 2002. Annex to petitioner’s communication of January 14, 2005. 54 Annex 20. Judgment No. 1536-02 of the Criminal Court of the First Judicial Circuit of San José, dated December 12, 2002. Annex to petitioner’s communication of January 14, 2005. 55 Annex 20. Judgment No. 1536-02 of the Criminal Court of the First Judicial Circuit of San José, dated December 12, 2002. Annex to petitioner’s communication of January 14, 2005. 56 Annex 21. Submission of petition for writ of cassation, dated January 20, 2002. Annex to petitioner’s communication of September 25, 2009. 57 Annex 22. Decision No. 2003-00625 of the Third Chamber of the Supreme Court of Justice, dated July 31, 2003. Annex to petitioner’s communication of January 14, 2005. 58 Annex 23. Decision No. 2004-00047 of the Third Chamber of the Supreme Court of Justice, dated February 6, 2004. Annex to petitioner’s communication of December 20, 2008. 59 Annex 23. Decision No. 2004-00047 of the Third Chamber of the Supreme Court of Justice, dated February 6, 2004. Annex to petitioner’s communication of December 20, 2008. 60 Annex 24. Submission of motion for review, dated March 1, 15 and 29, and April 12, 2004. Annex to petitioner’s communication of December 20, 2008. 61 Annex 24. Submission of motion for review, dated March 1, 15 and 29, and April 12, 2004. Annex to petitioner’s communication of December 20, 2008.

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