103). The Court also notes that, on the aforementioned occasions, the consular
authorities of Scot Cochran’s country of origin had the possibility of providing assistance
in matters relating to his defense, and that one of the Costa Rican State’s obligations
was not to interfere in such interaction. In the Court’s opinion, the State complied with
this obligation.
109. For all these reasons, the Court finds that it has been sufficiently proved that
there was constant communication between Scot Cochran and the consulate of his
country of origin and that, based on this communication, he obtained assistance. It is
not the purpose of this case to assess whether the consular assistance provided by the
country of origin was sufficient or adequate as this exceeds this Court’s competence.
110. The Court emphasizes that although the representatives, and Scot Cochran
himself,144 have stated that the failure to notify his right to be assisted by his consular
authorities violated his right of defense, this violation was not argued during the
proceedings, and no probative elements were provided that verified this violation. As
this Court has indicated supra, the case file shows that Scot Cochran was offered a
public defender at the time of the raid on his residence145 and when his first statement
was taken. The alleged victim rejected this offer and appointed a private defense
counsel.146 Similarly, during the proceedings, he had at least five different private
defense counsel; at the trial stage he appointed two new defenders, and at the appeals
stage he had at least six different lawyers. The Court therefore finds that, in the instant
case, Scot Cochran had extensive possibilities of organizing his defense and that the
case file does not reveal that he had any limitations to appointing and replacing those
who represented him throughout the proceedings or to exercising the other guarantees
established in Article 8(2) of the Convention, such as requesting rebuttal evidence and
questioning witnesses.
111. In addition, in the proceedings instituted against Scot Cochran, it is possible to
observe that the State took steps to facilitate equal conditions in the proceedings. For
example, the records show that his initial statement was suspended in order to provide
him with a translator147 and, throughout the proceedings, the State offered to provide
him with the services of a translator, but Scot Cochran himself rejected this indicating
that he had sufficient knowledge of the Spanish language.148 Similarly, on numerous
occasions, Scot Cochran was offered access to public defense owing to his complaints
regarding the actions of his private defenders.
Statement made before the Inter-American Court by Scot Cochran during the public hearing held on
November 9, 2022: “I could have found out about the legal procedures that would take place during the
proceedings before experiencing them; hearings and things that happened; I had no idea about this; I think
I could have found out about that; I think I could have discovered the differences between public and private
defenders and how to choose them, or the difference between a technical and a material defense – at least
that it did not exist anywhere at the time; also, there are many legal terms that one faces in the system that
were not part of my vocabulary; for example, pre-trial detention, isolation, disqualification […].”
144
Cf. Record of the raid on Scot Cochran’s residence (evidence file, folio 7301), and Expansion of the
report on the raid on Scot Cochran’s residence dated January 20, 2003 (evidence file, folio 7307).
145
146
Cf. Record of preliminary statement before the Special Unit for Sexual Crimes and Domestic Violence
of the Public Prosecution Service in San José dated January 20, 2003 (evidence file, folio 927).
147
Cf. Record of preliminary statement before the Special Unit for Sexual Crimes and Domestic Violence
of the Public Prosecution Service in San José dated January 20, 2003 (evidence file, folio 928).
148
Cf. Record of the debate of the Criminal Court of the First Judicial Circuit of San José of May 3, 2004
at 2:20 p.m. in the case against Scot Cochran and MPC (evidence file, folio 1617).
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