corresponding penalty, placing it in the new scale. Therefore, the Court's reasoning [...] is
consistent with the prevailing jurisprudential line [...]”
328. In this regard, this Court considers that the Third Chamber decided the inadmissibility
of the motion for review filed by Mr. Martínez Meléndez by evaluating each aspect of the single
argument raised, in accordance with the applicable legislation and jurisprudence. This analysis
shows that these grievances were indeed raised and duly studied in the cassation appeals
resolved by the Third Chamber itself, or that they were pleas alleging the incorrect application
of a rule whose jurisprudential application allowed the Third Chamber to rule out, prima facie
or without entering into a substantive study, an error in the grounds for the sentence.
Therefore, it is not appropriate to declare, with respect to this appeal, a violation of Article
8(2)(h) of the Convention.
B.3.3. Conclusion
329. In view of the foregoing, the Court concludes that the State did not violate Article
8(2)(h) of the American Convention, to the detriment of Jorge Martínez Meléndez.
B.4. Regarding Miguel Mora Calvo (Group 7)
File 97-000061-301-PE (organization for international and domestic drug trafficking to the
detriment of public health)
B.4.1. Appeal in cassation
330. Miguel Mora Calvo and his defense counsel filed an appeal in cassation against his
criminal conviction of September 24, 1998, which the Third Chamber declared inadmissible.
Subsequently, Mr. Mora and his defense counsel filed five motions for review, which were
declared inadmissible by the Third Chamber and by the Court of Criminal Cassation,
respectively. Mr. Mora also filed a writ of amparo and a writ of habeas corpus.
331. First, this Court notes that the cassation appeal filed was resolved by the Third
Chamber through decision No. 0649-99 of May 28, 1999. In this appeal, it was argued that:
i) the lower court did not duly substantiate the contested judgment as to the sentences
imposed on the convicted defendants Mora Calvo and LC, and ii) “the judgment should be
annulled for the untimely deliberation and sentencing in the abbreviated procedure [...],”
since it considered that the trial court did not comply with the time limits established for
issuing the judgment. 468 In its decision, the Third Chamber considered each of the points
raised and determined that “the claims [were] untenable.” With respect to the first argument,
it listed the factors taken into consideration by the trial court in setting the sentence and, in
addition, considered “the information offered as evidence [at the time]” by the appellants, in
order to establish that these would not affect the sentence. 469 As to the second argument, it
468
Cf. Decision No. 0649-99 of the Third Chamber of the Supreme Court of Justice, of May 28, 1999
(evidence file, folio 35471).
469
The Third Chamber stated that: “Regarding the lack of grounds for the punishment, it should be noted
that, considered as an integral structure, the sentence provides the necessary support to impose the sanction,
since the a-quo not only considered the free and spontaneous manifestation of those who sought the abbreviated
procedure, but also and with respect to each defendant, supported the decision regarding the telephone tapping,
the seizure of the contents of the communications made via radio-locators ("beepers"), police reports and
107