I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. On June 6, 2021, the Inter-American
Commission on Human Rights (hereinafter also “the Commission” or “the InterAmerican Commission”) submitted to the jurisdiction of the Inter-American Court the
case of Scot Cochran with regard to the Republic of Costa Rica (hereinafter also “the
State” or “Costa Rica”). The Commission indicated that the case related to the alleged
international responsibility of Costa Rica for the presumed violation of the right to
information on consular assistance of Thomas Scot Cochran in the context of the
criminal proceedings instituted against him.
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a)
Petition. On December 6, 2005, the Commission received the initial petition
submitted by Thomas Scot Cochran (hereinafter also “Scot Cochran,” or “the
alleged victim”).
b)
Admissibility and Merits Report. The Commission adopted Admissibility and
Merits Report No. 380/20 (hereinafter also “Admissibility and Merits Report” or
“Report No. 380/20”) on December 15, 2020, in which it reached a series of
conclusions and made several recommendations to the State.
c)
Notification to the State. Report No. 380/20 was notified to the State on
January 6, 2021, granting it two months to provide information on compliance
with the recommendations. The Commission granted an extension of the
original time frame. On May 5, 2021, the State forwarded a report contesting
the Commission’s conclusions and recommendations and did not request a
further extension.
3.
Submission to the Court. On June 6, 2021, the Commission1 submitted to the
jurisdiction of the Court all the facts and the alleged violations of the rights established
in Articles 7(4) and 8(2) of the American Convention in relation to Article 1(1) of this
instrument, “taking into account the need to obtain justice for the [alleged] victim.” The
Court notes with concern that more than 15 years elapsed between the lodging of the
initial petition before the Commission and the submission of the case to the Court.
4.
The Commission’s requests. The Commission asked the Court to conclude and
declare the international responsibility of Costa Rica for the violations indicated in the
Admissibility and Merits Report, and to order the State, as measures of reparations, to
comply with the recommendations included in Report No. 380/20.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representatives. The Court notified the
Commission’s submission of the case to the State and to the representatives of the
alleged victim in communications of July 12, 2021.
1
The Commission appointed Commissioner Julissa Mantilla Falcón as its delegate before the Court and
then Deputy Executive Secretary, Marisol Blanchard Vera, and then lawyers of the Commission’s Executive
Secretariat, Jorge Humberto Meza Flores and Ignacio Bollier, as its legal advisers.
3