of constitutional guarantees because the package with the documentation was opened
in the presence of the criminal judge and the prosecutor in the case. And, regarding the
raid on Scot Cochran’s residence, the court had stated that it was conducted during
nighttime hours because it was probable that a crime was being committed at that time.
Lastly, the Third Chamber concluded that it had not been proved that the defendant’s
defense counsel had acted with evident negligence or against his interests, and that the
examples of defenselessness presented by the appellant constituted a list of
discrepancies with the adverse result of the proceedings.101
B.3.
Second review procedure
66.
On April 28, 2009, Scot Cochran filed a second review procedure, arguing that,
during the proceedings, his right to due process of law had been violated because the
State authorities had not advised him of his right to request consular assistance based
on his situation as a foreign citizen residing in Costa Rica.102 This review procedure was
declared unfounded by the Third Chamber of the Supreme Court of Justice in Ruling
2010-1373 of November 30, 2010. The Court stated that, according to Article 36(1)(b)
of the Vienna Convention on Consular Relations, “if the defendant [in a criminal case]
considers that he needs consular assistance, he should ask the competent State offices
to communicate his situation to the [corresponding] consulate.” Thus, and after
summarizing various procedural acts documented in the case file, the Chamber
indicated that neither Scot Cochran nor his lawyers had ever requested this
assistance.103
B.4.
Third review procedure
67.
Finally, Scot Cochran filed a third review procedure in a brief of February 10,
2012,104 in which he repeated his arguments regarding the violation of his right to be
informed about consular assistance, his right of defense, the unlawfulness of the raid,
and the procedural rights of victims. He also presented new arguments in relation to
the violation of the guarantee of an impartial judge because the same judge had taken
part in both the confirmation of the order for pre-trial detention issued against him, and
in the trial court that heard the case that culminated in his prison sentence. This appeal
was declared inadmissible by the Third Chamber of the Supreme Court of Justice in
Ruling 2013-00211 of February 15, 2013.105 Regarding the impartiality of the judge,
the Third Chamber indicated that a review of the ruling of August 11, 2003, that
confirmed the pre-trial detention did not reveal any suggestion of partiality because
there was no indication that the judge had assessed the body of evidence. It also noted
that the appellant had not indicated how his right of defense had been infringed and,
regarding the raid, it reiterated that this had been conducted at night because it was
Cf. Ruling No. 2007-01464 of the Third Chamber of the Supreme Court of Justice of December 12,
2007, deciding the first appeal for review (evidence file, folios 24 to 36).
101
Cf. Second review procedure filed by Scot Cochran on April 28, 2009, against judgment No. 851-04
delivered by the Criminal Trial Court of the First Judicial Circuit of San José on August 17, 2004 (evidence
file, folios 158 to 211).
102
Cf. Ruling No. 01373-2010 of the Third Chamber of the Supreme Court of Justice of November 30,
2010, deciding the second review procedure. Available at: https://nexuspj.poder-judicial.go.cr/document/
sen-1-0034-504556
103
Cf. Third review procedure filed by Mr. Scot Cochran on February 10, 2012, against judgment No. 85104 delivered by the Criminal Trial Court of the First Judicial Circuit of San José on August 17, 2004 (evidence
file, folios 213 to 231).
104
Cf. Ruling No. 2013-00211 of the Third Chamber of the Supreme Court of Justice of February 15, 2013,
deciding the third review procedure (evidence file, folios 38 to 40).
105
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