it on the evening of the same January 20, 2003.134 It is also on record that the said
signed document was delivered to the consular authorities and that, in this way, in the
official communication of January 20, 2003, the State complied with the formality of
informing the country of origin that Scot Cochran had been detained.135
107. Although it is not incumbent on the Court to examine the scope or manner of the
consular assistance provided by the country of origin, a series of facts confirm that this
existed but that, based on an autonomous decision, the consulate of the country of
origin only provided humanitarian assistance and not legal assistance. The case file
shows that, on May 7, 2003, Scot Cochran indicated that an officer of the United States
Consulate had called him to verify whether he had been provided with the medicines he
required for his illness.136 It also shows that previously, on March 19, 2003, the same
consular officer forwarded Scot Cochran a copy of the letter sent to the consulate by
his sister.137 The Court has also been able to verify that the consulate of Scot Cochran’s
country of origin was in direct contact with the doctor who supervised his treatment in
the prison, and there were at least two communications, one on May 8, 2003,138 and
another on May 13, 2003.139 The State also received requests from the Consulate and
the Embassy of the United States of America concerning Scot Cochran’s medical
condition on September 10, 2003,140 and September 25, 2003,141 in which the consular
authorities asked for a review of the Scot Cochran’s medical treatment and a medical
transfer. Lastly, it is on record that Scot Cochran was able to provide “copies of
evidence” to officers of the United States Embassy.142
108. Based on the foregoing, it is evident that Scot Cochran was in contact with the
consular authorities and had various interactions with them after being deprived of his
liberty. Most of these interactions and the actions of the United States consular
authorities took place while he was in pre-trial detention, at the start of the judicial
proceedings that culminated in the judgment of August 17, 2004.143 The Court finds
that these probative elements confirm that Costa Rica enabled Scot Cochran to interact
with the consular authorities of the United States of America and that it complied with
its obligation of being a faithful channel as this Court has described above (supra para.
134
Cf. Notification of the decision requiring that the United States Embassy in Costa Rica be informed of
the situation of Scot Cochran (evidence file, folio7337).
Cf. Note addressed to the Embassy of the United States of America in Costa Rica dated January 20,
2003, advising that pre-trial detention had been ordered for Scot Cochran (evidence file, folio 7339).
135
136
Cf. Communication JSM-CAISH No. 052-03 of the Medical Services of the Ministry of Justice, CAI San
José of May 7, 2003 (evidence file, folio 7476).
Cf. Copy of the fax sent by an officer of the Consular Section of the Embassy of the United States of
America in Costa Rica, dated March 19, 2003, addressed to the deputy director of the CAI, La Reforma
(evidence file, folios 7472 and 7473).
137
138
Cf. Copy of the fax sent by Dr. AS to the consular officer of the United States of America on May 8,
2003, with regard to Scot Cochran’s medical treatment (evidence file, folios 7468 and 2499).
139
Cf. Copy of the fax sent by Dr. AS to the consular officer of the United States of America on May 13,
2003, with regard to Scot Cochran’s medical treatment (evidence file, folio 7470).
140
Cf. Diplomatic note No. 158 from the Embassy of the United States of America to the Ministry of Foreign
Affairs dated September 10, 2003, urging it to take the necessary measures in relation to Scot Cochran’s
medical treatment (evidence file, folios 2621 and 2622).
141
Cf. Diplomatic note No. 167 from the Embassy of the United States of America to the Ministry of Foreign
Affairs requesting the transfer of Scot Cochran (evidence file, folios 2617 and 2618).
142
Cf. Record of hearing before the Criminal Trial Court of the First Circuit of San José on November 13,
2003, noting that Scot Cochran “provides copies of evidence from the Embassy” (evidence file, folio 7465).
143
Cf. Judgment No. 851-04 of the Criminal Trial Court of the First Judicial Circuit of San José of August
17, 2004 (evidence file, folios 7363 to 7461).
31