54. The State considers it important that by resolution of the Inter-American Court of
November 22, 2010 concerning supervision of the execution of the sentence in the case of
Herrera Ulloa, the Court concluded the case, in light of the aforementioned law, and ordered it
archived, finding that Costa Rica had fully complied with the decision in that
judgment.Therefore, it contends that the Inter-American Court found that Costa Rica gave
effect to the provisions of Article 8 (2) (h) of the American Convention, guaranteeing broad
supervision or enforcement of the decisions of the trial courts.
55. As to allegations about deficiencies in the Office of the Public Defender, the State indicates
that in domestic law and practice, if the accused does not choose his own defense attorney, he
is assigned a public defender whose role and competences are regulated in the Code of
Criminal Procedure and in the Law establishing the Judiciary [“Ley Orgánica”], and providing
that he may intervene at all stages of the criminal proceedings.It adds that after having
studied a judgment, a public defender may submit a negative report on whether a case is in
order, based on his technical opinion59. It also alleges that domestic law and practice fully
comply with the principle of impartiality of the judge.
56. With regard to a challenge of the charges, it states that the right to a defense is a
constitutional guarantee that includes the “accused’s guarantee to have timely knowledge of
the charges against him, and the possibility of contesting them, and to offer evidence on his
own behalf throughout all the proceedings brought against him”. Specifically, it states that all
persons who are the subject of a criminal procedure are referred to the Public Prosecutor
[Ministerio Público] where they are informed of the charges being investigated against them,
and of the rights they have in the criminal proceedings, and they may choose their own
defense counsel, if they find it necessary having heard the facts under investigation.
57. It reports that once the preparatory proceedings have been concluded by the Public
Prosecutor, ---the first phase of the criminal proceedings- a concluding report is issued, in
which one of the possibilities is an accusation against the person investigated, in which the
charges are formally brought; these are made known during the procedural stage known as
the "intermediate proceedings", on two precise occasions: First, the decision to convene the
preliminary hearing, at which the parties are notified of the contents of the accusation, and the
accused is granted five days in which to examine the proceedings and the evidence gathered
during the investigation.During that period, the accused may question the accusation, file
objections, offer evidence, and, inter alia, make procedural requests.Second, during the
preliminary hearing, the Office of the Public Prosecutor [Ministerio Público] orally states the
account of the facts and the factual and legal grounds for the accusation, and specifies the
evidence used and offered for the public oral trial.It states that during that hearing, the
defense may make any objections it deems pertinent, and offer such evidence as it considers
necessary to resolve the claims raised and for the public oral trial, and that the accused has
the possibility of speaking in his own defense60.
58. Regarding the allegations about the delivery of sentences or judgments in electronic or
digital form, the State claims that many resolutions handed down in Costa Rica’s criminal
courts are digitally recorded on audio-visual tapes, which are available to the Parties to a case,
who may request the copies they need in order to exercise their right to a defense. It adds
that on August 10, 2009, the “Protocol for proceedings in Criminal Trial Courts” was approved,
Article 3 of which provides that whenever one of the Parties claims that he does not have
access to recording technology or IT support, the matter will be taken under advisement and,
inter alia, a transcript of the relevant decision may be ordered, and that “in every event, the
administration will guarantee protection of the parties’ right to information on the decision” 61.It
59
The State asserts that in Costa Rica, the public defender deals with requests for review of convictions of between 15
and 50 years, since particular attention is in fact paid to convictions carrying a higher term.
60
The State also indicates that if it is decided to open a case to trial, the Public Prosecutor’s Office orally informs the
accused of the charges, at the beginning of the proceedings, and that the accused has the right to remain silent or to
speak at any time during the trial, up until it is declared closed.
61
The State claims that if an individual has difficulty accessing his sentence or verdict, the most appropriate means of
having the matter heard would be to request a writ of amparo, without prejudice to other administrative actions that
that might be filed in such an event.
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