1994, Mr. Roque J. Mantione, Mr. Mohamed’s defense counsel, appealed against the fees
established in point III of the acquittal.34 On September 14, 1994, the representative of
the plaintiff filed an appeal against points I and III of the judgment, in regard to the
acquittal and the fees of the defense lawyer (supra para. 44)35. In the criminal case file
provided, it appears that the current regulations allowed an appeal to be filed without
presenting grievances or supporting arguments, something that was done subsequently
(infra para. 47). On September 29, 1994 the National Correctional Court No. 3,
Secretariat No. 60, of the Federal Capital allowed these appeals and ordered the case to
be transferred to a higher court.36 The following day the case was assigned by drawing
lots to the First Chamber of the Chamber of Appeals for Criminal and Correctional
Matters, composed of three judges.37
48.
On October 31, 1994, a “hearing [was set] for November 17, 1994 at 10 am,
establishing a period of 15 minutes for the plaintiff and the defense to present
arguments in their favor.”38 On November 15, 1994, the plaintiff’s representative filed
his list of grievances, requesting that the court “revoke the appealed judgment and
convict [Mr. Mohamed] for the offense defined and punished in Article 84 of the Criminal
Code, and require him to pay the costs of that trial.”39 On November 16, 1994, Mr.
Mohamed’s defense attorney filed his list of grievances, in which he requested
“confirmation of the judgment of first instance” and justified his appeal against the fees.
In that brief, Mr. Mohamed’s defense attorney also requested that the court admit “the
list in replacement of the oral report ordered” to present the respective legal
arguments.40 The Public Prosecutor did not file complaints to support the appeal filed. As
the State explained to this Court, under the procedural law in effect at that time, this
“did not prevent the deciding court from hearing the appeal.”41
A.3)
Conviction issued in a second instance proceeding
34
Cf. Appeals filed on September 9 and 20 1994 by the defense attorney of Oscar Alberto Mohamed
against the decision issued on August 30, 1994 by the Correctional Court Nº 3, Secretariat Nº 60 (evidence file
to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012, pages 270 and 279);
list of grievances presented by Mr. Roque J. Mantione, defense counsel of Oscar Alberto Mohamed, on
November 16, 1994 to the First Chamber of the National Chamber of Appeals for Criminal and Correctional
Matters (evidence file to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012,
pages 301 to 307).
35
Cf. Appeal filed by the plaintiff’s representative on September 14, 1994 against the judgment issued
on August 30, 1994 by the Correctional Court No. 3 Secretariat No. 60 (evidence file to facilitate adjudication
presented by the State on July 23 and 30 and August 10, 2012, page 274).
36
Cf. Official letter of September 29, 1994 issued by Correctional Court No. 3 Secretariat No. 60,
Federal Capital, (evidence file to facilitate adjudication presented by the State on July 23 and 30 and August
10, 2012, pages 284 and 285).
37
Cf. Certification issued on September 30, 1994 by the Secretariat of the First Chamber of the National
Chamber of Appeals for Criminal and Correctional Matters (evidence file to facilitate adjudication presented by
the State on July 23 and 30 and August 10, 2012, page 287), and Judgment issued on February 22, 1995 by
the First Chamber of the National Chamber of Appeals for Criminal and Correctional Matters, supra note 23,
pages 320 and 323).
38
Cf. Official letter issued on October 31, 1994 by the Secretariat of the First Chamber of the National
Chamber of Appeals for Criminal and Correctional Matters (evidence file to facilitate adjudication presented by
the State on July 23 and 30 and August 10, 2012, page 292).
39
Cf. List of grievances filed by the representative of the plaintiff on November 15, 1994 in the First
Chamber of the National Chamber of Appeals for Criminal and Correctional Matters (evidence file to facilitate
adjudication presented by the State on July 23 and 30 and August 10, 2012, page 293).
40
Cf. List of grievances presented by the defense attorney of Oscar Alberto Mohamed on November 16,
1994 in the First Chamber of the National Chamber of Appeals for Criminal and Correctional Matters (evidence
file to facilitate adjudication presented by the State on July 23 and 30 and August 10, 2012, page 305).
41
Cf. Note DCINT No 624/2012 on August 10, 2012 sent by the State to the Inter-American Court
(Merits file, volume III, page 1173).
15