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higher court. This is evident from the fact that the motion for review of conviction is only admissible
when the judgment has already become final and conclusive, and its purpose is to correct any possible
judicial errors with regard to aspects, which may have not been addressed during the ordinary appeals
stage.
222. Based on the foregoing, it is evident that, for the victims of the instant case, this
legislative reform did not cure the violation of the right enshrined in Article 8.2.h of the Convention.
2.2.
Law No. 8837 of 2010
223. The proven facts show that Law No. 8837 created a motion for appeal of judgment, to
be heard by the new Courts of Appeal, as well as amending the content of the writ of cassation. The
transitional provisions provide for two distinct circumstances. For individuals whose petition for writ of
cassation was denied prior to the new law coming into force, it provides that they may file, a single time,
a motion for review of judgment. For individuals whose petition for writ of reversal on cassation was
pending disposition at the time the law came into force, it provides that they may seek to convert the
petition for writ of cassation into a motion for appeal under the new law.
224. In the instant case, the vast majority of the victims fall under the first of the two
circumstances; in other words, their only option under Law No. 8837 was a single-time filing of a motion
for review of judgment. In this regard, the Commission reiterates its holdings of paragraphs 203 and
221 of the instant report.
225. As to Mr. Rojas Madrigal, his petition for a writ of reversal on cassation was pending
decision at the time Law No. 8837 was enacted. Accordingly, his case falls under the second
circumstance, that is, the opportunity to convert his petition for a writ of cassation into a motion for
appeal. Based on the proven facts, Mr. Rojas Madrigal moved for this conversion but his motion was
denied on the grounds that “it only references the violation of Article 8.2.h of the American Convention
(…) (and) did not explain the reasons that led him to believe that, despite his petition being filed prior to
Law No. 8837 came into force, the procedure for appeal of conviction, provided for therein, should be
applied to his case.”
226. In conclusion, even though the Commission views as a positive step the change in the
law implemented by the State of Costa Rica, which resulted in the creation of a motion for appeal for
persons convicted after said statute was enacted, with regard to the victims in the instant case, the
reform did not cure the violation of the right set forth in Article 8.2.h of the American Convention.
B.
Right to a competent, independent and impartial judge (Article 8.1 of the American
Convention, in connection with Article 1.1 thereof)
227.
Article 8.1 of the American Convention provides that:
Every person has the right to a hearing, with due guarantees and within a reasonable time,
by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.