38
crimes were not established as to time and space; and ii) the experts’ and witnesses’ testimony was
confusing and conflicting.240
6.
Manuel Hernández Quesada
150. On November 23, 2001, the Office of the Public Prosecutor of Alajuela brought a
criminal complaint against Manuel Hernández Quesada for the crimes of rape and sexual abuse. On July
16, 2003, the Trial Court of Alajuela convicted Mr. Hernández for two counts of the crime of statutory
rape and one count of sexual abuse of a minor in concurrence with each other. The Trial Court
sentenced him to a 24-year prison term.241
151. On July 14, 2003, Manuel Hernández filed a petition for a writ of reversal of conviction
on cassation.242 He alleged violation of due process and the right to a defense in connection with a lack
of diligence of the public defenders. He contended that no adequate technical defense was mounted
inasmuch as the public defender i) did not file motions on his behalf despite the irregularities in the
proceedings; ii) he did not contest, request clarification or addition to any of the expert witness reports
given in the case; iii) he did not object to the charges as formulated by the Office of the Public
Prosecutor; and iv) he advised the defendant to refrain from taking the stand to testify.243
152. On November 28, 2003, the Third Chamber denied the petition.244 The Third Chamber
held that Mr. Hernández did not explain the irregularities committed by the three public defenders, who
were appointed to him during the proceeding.245 It noted that “the contention is an overt, subjective
disagreement with the decision of the Trial Court.”246 It also held that the arguments made by him do
not show “how what was admitted to the record in each of the expert witness reports could have been
disproven.”247
153. On November 21, 2005, Mr. Hernández filed a petition for writ of habeas corpus relief
alleging a violation of Article 8.2.h of the American Convention.248 On October 30, 2006, he filed a
240
Annex 114. Submission filed by Guillermo Rodríguez to the Third Chamber of the Supreme Court of Justice, dated
July 22, 2011. Annex to petitioner’s communication of October 4, 2011.
241
Annex 115. Judgment No. 332-003 of the Trial Court of Alajuela, dated June 16, 2003. Annex to petitioners’
communication of July 22, 2007.
242
Annex 116. Submission of petition for reversal on cassation, dated July 14, 2003. Annex to petitioners’
communication of July 22, 2007.
243
Annex 116. Submission of petition for reversal on cassation, dated July 14, 2003. Annex to petitioners’
communication of July 22, 2007.
244
Annex 117. Decision No. 2003-01104 of the Third Chamber of the Supreme Court of Justice, dated November 28,
2003. Annex to petitioners’ communication of July 22, 2007.
245
Annex 117. Decision No. 2003-01104 of the Third Chamber of the Supreme Court of Justice, dated November 28,
2003. Annex to petitioners’ communication of July 22, 2007.
246
Annex 117. Decision No. 2003-01104 of the Third Chamber of the Supreme Court of Justice, dated November 28,
2003. Annex to petitioners’ communication of July 22, 2007.
247
Annex 117. Decision No. 2003-01104 of the Third Chamber of the Supreme Court of Justice, dated November 28,
2003. Annex to petitioners’ communication of July 22, 2007.
248
Annex 118. Submission of petition for habeas corpus writ, dated November 21, 2005. Annex to petitioners’
communication of July 22, 2007.