ideal” of crimes [Note: when a single act or omission violates various legal provisions],
with regard to each victim and this would result in a lesser sentence.98
63.
In ruling 2005-00126 of February 28, 2005, the Third Chamber of the Supreme
Court of Justice rejected the appeals that had been filed. First, it held that the acts of
which the petitioner had been convicted took place between 1999 and 2003, during
which time it had been proved that Scot Cochran was already living in Costa Rica. In
addition, the Third Chamber considered that the fact that the investigation file did not
include the birth date or certificate of some of the victims was not an error that
invalidated the judgment. Also, regarding the arguments on possible errors in the
assessment of the evidence, the Third Chamber noted that the decision of the court a
quo was not based exclusively on the statements of the victims of the acts, but also on
numerous elements of proof such as photographic and audiovisual records. Regarding
the application of the rules on the concurrence of crimes, the Third Chamber stated
that, even though the rules of “concurso ideal” had been applied in relation to the acts
defined as “paid sexual relations,” this did not alter the length of the sentence imposed,
because those acts also took place concurrently [en concurso material] with other
crimes, including the “supply [of narcotics] to minors,” and the maximum punishment
for this was used in order to make the calculation because it was the most serious of
all the crimes involved pursuant to article 76 of the Criminal Code.99
B.2.
First review procedure
64.
On June 14, 2005, a review procedure was opened before the Third Chamber of
the Supreme Court of Justice in which, first, the violation of the right to a second hearing
was argued. The appellant also indicated that the State’s organs had carried out certain
unlawful actions during the investigation that had had an impact on the chain of custody
of the probative elements used as evidence of guilt. He also argued the existence of
three new pieces of documentary evidence that, in the defense’s opinion, would
invalidate most of the testimonial evidence and, lastly, he asserted that there had been
violations of due process in the case because, during the investigation and the oral
hearing, Scot Cochran had not had an effective defense counsel who provided him with
appropriate assistance.100
65.
On December 12, 2007, the Third Chamber decided this appeal in Ruling 20071464 and declared the review procedure unfounded. The grounds for this decision cited
the judgment of the Inter-American Court in Herrera Ulloa v. Costa Rica, and indicated
that there was no evidence in the processing of the case against Scot Cochran that
would allow it to conclude: that the remedy of cassation had been decided with
excessive formalist rigor; that some of the appellant’s arguments had not been decided,
and that access had been denied to a review of the determination of the facts, or of the
way in which the evidence had been assessed. Regarding the seizure of documentation
from Scot Cochran’s office, the Chamber ruled out that this had been done in violation
98
Cf. Remedy of cassation filed by MCZ and MSB, on behalf of Scot Cochran, before the Trial Court of
the First Judicial Circuit of San José on September 6, 2004, against judgment No. 851-04 delivered by the
Trial Court of the First Judicial Circuit of San José (evidence file, folios 5 to 19).
Cf. Ruling No. 2005-00126 of the Third Chamber of the Supreme Court of Justice of February 28, 2005,
deciding the cassation remedy. Available at: https://nexuspj.poder-judicial.go.cr/document/sen-1- 0034
301797
99
Cf. First review procedure of June 14, 2004, filed against judgment No. 851-04 delivered by the Criminal
Trial Court of the First Judicial Circuit of San José of August 17, 2004 (evidence file, folios 114 to 156 and
2343 to 2368).
100
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