34
134. On June 23, 2006, the Constitutional Chamber denied the petition filed by him.207 It
held that “even though the duration of the measure adopted by the Court has not been established
precisely, it is not found unreasonable nor contrary to the principle of proportionality, considering that
the case is in the trial stage (…) and that the aim sought with the measure is to ensure that the purposes
of the proceeding are fulfilled.”208 It also noted that with regard to Mr. Martínez, “the presumption of
flight has been a factor throughout the proceeding.”209 The Constitutional Chamber held that the Court
hearing the case must proceed to the oral trial as diligently and expeditiously as possible.210
135. On July 17, 2007, the Criminal Court of the First Judicial Circuit of San José found Mr.
Martínez and another two individuals guilty of twelve charges for the offense of embezzlement of public
funds as an ongoing crime in abuse of public office, the Fund for Social Development and Family
Allocations and the Costa Rican State.211 The Criminal Court also extended the preventive detention
duration of the sentenced defendants for six additional months taking effect on August 17, 2007.212
136. On August 23, 2007, the Criminal Court of the First Judicial Circuit of San José issued a
ruling to follow up on the judgment of conviction wherein it imposed a 19-year prison term on Jorge
Alberto Martínez Meléndez. It also banned him from holding public office for a period of 12 years.213
137. On August 28, 2007, Mr. Martínez’ public defender filed a petition for habeas corpus
relief on the grounds that the sentence was issued on July 17 of that year and the preventive detention
was to take effect one month later and, therefore, he would be in custody for a month without any legal
basis.214 On September 7, 2007, the Constitutional Chamber denied the petition for “being due to a
material error.”215
138. On January 24, 2008, Mr. Martínez’ public defender filed a petition for habeas corpus
relief on the grounds that if it was a material error, the preventive detention would have ended on
207
Annex 102. Decision No. 2006-008979 of the Constitutional Chamber, dated June 23, 2006. Annex to petitioner’s
communication received in the IACHR on October 11, 2006.
208
Annex 102. Decision No. 2006-008979 of the Constitutional Chamber, dated June 23, 2006. Annex to petitioner’s
communication received in the IACHR on October 11, 2006.
209
Annex 102. Decision No. 2006-008979 of the Constitutional Chamber, dated June 23, 2006. Annex to petitioner’s
communication received in the IACHR on October 11, 2006.
210
Annex 102. Decision No. 2006-008979 of the Constitutional Chamber, dated June 23, 2006. Annex to petitioner’s
communication received in the IACHR on October 11, 2006.
211
Annex 103. Judgment No. 680-2007 of the Criminal Court of the First Judicial Circuit of San José, dated July 17,
2007. Pages 5486-5489. Annex to petitioner’s communication received in the IACHR on October 11, 2006.
212
Annex 103. Judgment No. 680-2007 of the Criminal Court of the First Judicial Circuit of San José, dated July 17,
2007. Pages 5486-5489. Annex to petitioner’s communication received in the IACHR on October 11, 2006.
213
Annex 104. Decision on the length of the prison sentence to be imposed on Jorge Martínez Meléndez by the
Criminal Court of the First Judicial Circuit of San José, dated August 23, 2007. Annex to petitioner’s communication of March 26,
2011.
214
Annex 105. Submission of Ricardo Barahona Montero to Constitutional Chamber of the Supreme Court of Justice,
dated August 28, 2007. Annex to petitioner’s communication received in the IACHR on October 11, 2006.
215
Annex 106. Decision No. 2007-013057 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 7, 2007. Annex to petitioner’s communication received in the IACHR on October 11, 2006.