39
request for constitutional relief under amparo alleging a failure to formally charge him.249 The IACHR
does not have information on the decisions issued with regard to either the habeas corpus or the
amparo petitions.
154. Lastly, on October 7, 2006, Mr. Hernández filed a motion for review of conviction
alleging failure to formally charge him for the crimes, to introduce and assess under the law evidence in
the criminal proceeding.250 On May 23, 2007, the Third Chamber denied the motion to review noting
that the crimes for which he was charged and subsequently sentenced “were formally brought against
him.”251
7.
Miguel Mora Calvo
7.1.
Judgment No. 736-98
155. On September 24, 1998, the Trial Court of Alajuela convicted Mr. Miguel Mora Calvo, for
the crime of organization for international and domestic drug trafficking against public health,
sentencing him to a nine-year prison term.252
156. On August 11, 2000, the Third Chamber denied the motion for review of conviction filed
by Mr. Mora alleging a violation of due process because he was not advised of his right to not testify
against himself.253 The Third Chamber held that the Constitutional Chamber has noted that said situation
in an abbreviated [guilty plea] proceeding such as the one Mr. Mora was undergoing “does not
constitute a due process infringement.”
157. On May 28, 2008, the Court of Criminal Cassation of the Second Judicial Circuit of
Alajuela denied the motion for review of conviction filed by Mr. Mora on the grounds that he was
undergoing an abbreviated proceeding [to plead guilty] and he was not advised of his right to silence at
the time of accepting the facts.254 The Court of Cassation noted that said arguments were previously
made during the hearing on the motion for review of conviction, which was denied.
7.2.
Judgment No. 632-2000
158. On December 5, 2000, the Trial Court of Goicoechea found Miguel Mora guilty of the
crime of possession, transportation and storage of drugs, with the aggravating factor of involving
249
Annex 118. Submission of petition for habeas corpus writ, dated November 21, 2005. Annex to petitioners’
communication of July 22, 2007.
250
Annex 119. Submission of motion for review of conviction, dated October 7, 2006. Annex to petitioners’
communication of July 22, 2007.
251
Annex 120. Decision No. 2007-00509 of the Third Chamber of the Supreme Court of Justice, dated May 23, 2007.
Annex to petitioners’ communication of August 27, 2007.
252
Reference to judgment No. 736-98 in: Annex 121. Decision No. 2000-000917 of the Third Chamber of the Supreme
Court of Justice, dated August 11, 2000. Annex to State’s communication of December 8, 2008.
253
Annex 121. Decision No. 2000-000917 of the Third Chamber of the Supreme Court of Justice, dated August 11,
2000. Annex to State’s communication of December 8, 2008.
254
Annex 122. Decision No. 2008-00236 of the Court of Criminal Cassation of the Third Judicial Circuit of Alajuela,
dated May 28, 2008. Annex to State’s communication of December 8, 2008.