35 January 17, 2008.216 On January 29, 2008, the Criminal Court of the First Judicial Circuit of San José extended Mr. Martínez’ preventive detention by two additional months based on the “high penalty with which the defendants were punished.” 217 139. On February 1, 2008, the Constitutional Chamber granted the petition on the grounds that Mr. Martínez “was in custody without any warrant being in effect to legitimately order the deprivation of his liberty” until the decision of January 29, 2008 of the Criminal Court of the First Judicial Circuit of San José.218 Notwithstanding, it did not order his release because of the existence of the aforementioned decision.219 140. On March 11, 2008, the Third Chamber granted the petition for a writ of reversal of judgment on cassation filed by Mr. Martínez.220 Mr. Martínez alleged violation of the principle of impartiality on the grounds that one of the judges who took part in issuing the decision of July 30, 2004, when the preventive detention of one of the defendants was assessed, subsequently was a member of the trial court panel that issued the conviction.221 The Third Chamber found that said situation did not constitute a violation of due process.222 However, two of the judges issued a dissenting opinion in favor of petition filed by him, finding that “the flaw that is the subject of the claim took place and its consequence is that the judgment of conviction should be vacated” inasmuch as “in the preventive detention decision, a ruling was also made on the perpetration and guilt that are attributed to the defendants based on the facts.”223 141. Mr. Martínez also alleged that there was erroneous assessment of the evidence. The Third Chamber rejected said argument and held that “it cannot be contested on cassation, as can be gathered by a simple reading of Article 443 of the Code (…), to object to the veracity of the facts set forth in the charging document.”224 The Third Chamber rejected other arguments based on the fact that they had been previously made and adjudicated by the trial court. 216 Annex 107. Submission of Ricardo Barahona Montero to Constitutional Chamber of the Supreme Court of Justice, dated January 24, 2008. Annex to petitioner’s communication received at the IACHR on October 11, 2006. 217 Annex 108. Decision No. 2008-01650 of the Constitutional Chamber of the Supreme Court of Justice, dated February 1, 2008. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 218 Annex 108. Decision No. 2008-01650 of the Constitutional Chamber of the Supreme Court of Justice, dated February 1, 2008. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 219 Annex 108. Decision No. 2008-01650 of the Constitutional Chamber of the Supreme Court of Justice, dated February 1, 2008. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 220 Annex 109. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, dated March 11, 2008. Annex to petitioner’s communication received in the IACHR on March 10, 2010. 221 Annex 109. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, dated March 11, 2008. Annex to petitioner’s communication received in the IACHR on March 10, 2010. 222 Annex 109. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, dated March 11, 2008. Annex to petitioner’s communication received in the IACHR on March 10, 2010. 223 Annex 109. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, dated March 11, 2008. Annex to petitioner’s communication received in the IACHR on March 10, 2010. 224 Annex 109. Decision No. 2008-00232 of the Third Chamber of the Supreme Court of Justice, dated March 11, 2008. Annex to petitioner’s communication received in the IACHR on March 10, 2010.