140. Thus, this Court has been able to verify that the higher court did examine and
make its own unrestricted analysis of the issues raised in the different appeals,
substantiating this analysis, responding to all the appealed issues, and assessing the
evidence to support its arguments. The Court notes that the subsequent amendments
to the appeals system permitted Scot Cochran to file additional remedies in which he
was able to question the facts, the evidence and the application of the substantive
criminal law. The issues raised were reviewed and the higher court reached the same
conclusions as the trial court.
141. Consequently, this Court finds that the State did not violate the right to appeal
the judgment established in Article 8(2)(h) of the American Convention, in relation to
Articles 1(1) and 2 of this instrument, to the detriment of Scot Cochran.
VIII
OPERATIVE PARAGRAPHS
142.
Therefore,
THE COURT
DECIDES,
unanimously:
1.
To reject the preliminary objection concerning the alleged violation of the
principle of procedural equality and the right of defense, pursuant paragraphs 21 to 26
of this judgment.
2.
To reject the preliminary objection of fourth instance, pursuant to paragraphs 31
and 32 of this judgment.
3.
To reject the preliminary objection concerning the alleged failure to exhaust
domestic remedies, pursuant to paragraphs 39 to 41 of this judgment.
DECLARES,
unanimously that:
4.
The State is not responsible for the violation of the rights to personal liberty and
to judicial guarantees, in particular the right to information and effective access to
consular assistance, in relation to the obligation to respect rights, established in Articles
7(4) and 8(2) of the American Convention on Human Rights, in relation to Article 1(1)
of this instrument, to the detriment of Scot Cochran, pursuant to paragraphs 99 to 113
of this judgment.
By four votes to two, that:
5.
The State is not responsible for the violation of the right to judicial guarantees,
in particular the guarantee of an impartial judge, in relation to the obligation to respect
rights, established in Article 8(1) of the American Convention on Human Rights, in
relation to Article 1(1) of this instrument, to the detriment of Scot Cochran, pursuant
to paragraphs 117 to 126 of this judgment.
41