340. The Court of Criminal Cassation, through decision No. 2009-00225 of June 12, 2009,
determined that “[t]he attempted motion for review is manifestly unfounded” and declared it
inadmissible, based on the following:
“What is expressed therein is an open disagreement with the system of challenges established by our [CCP]
against convictions, a matter that is outside the grounds that, pursuant to Article 408 ibid, allows this Court
of Criminal Cassation to review convictions that have already become final. This same issue had already been
the subject of another motion for review filed by the accused […], which was decided in ruling N° 2008-00557
by the First Section of this same Court of Cassation. [Transcribed what was resolved in the aforementioned
decision (supra para. 229)]. The appellant seeks a review of the conviction [...], based on the same arguments
[...], but alleging new evidence; however, what he offers as new evidence (documentary and testimonial [...])
is not really evidence that would be relevant in relation to any of the grounds for review established in the
aforementioned Article 408, but rather refers to the allegation that was already considered manifestly
unfounded […].” 482
341. As can be seen, the Court of Cassation analyzed the arguments submitted by the
appellant, and indicated the reasons for which it considered that the motion was inadmissible.
It also analyzed the evidence provided by the appellant and decided that it was related to his
alleged disagreement with the appeals system, and therefore considered that there were no
new relevant facts. Thus, this Court considers that it is not appropriate to declare a violation
of the Convention in relation to the fourth and fifth motions mentioned above.
342. Now, separately from the aforementioned criminal proceeding, Mr. Mora filed a writ of
amparo on May 23, 2005, challenging three judgments issued against him in three different
criminal cases, including the judgment of September 24, 1998, which is before this Court.
Among other reasons, Mr. Mora argued that his right to appeal the judgment before a higher
judge or court was violated, “since, according to the judgment […in the case of] Herrera Ulloa
[…] a judgment that is final without the benefit of a remedy of Article 8(2) (h) of the
[Convention], violates a norm of constitutional rank […].” 483
343. In this regard, through decision No. 2005-06480 of May 31, 2005, the Constitutional
Chamber “flatly reject[ed]” the writ of amparo, with the following arguments:
“[I]t is not for this specialized Court [...] to act as an appellate court in this matter, to assess the terms of
the judgments in question, or to analyze the appraisal of the evidence that the trial judge may have made in
order to consider the existence of the crime charged and his participation therein as proven, since this would
imply encroaching on the jurisdiction of the criminal courts, which is constitutionally reserved to the
corresponding judges [...]. If the appellant believes that during the processing of said criminal proceedings
or in the issuance of the criminal conviction against him, there were violations of due process, such issues
must be raised [...] through the process of review of judgment, which (sic) must be filed before the competent
judicial authority, [...] without prejudice to this Chamber defining the content, conditions, and scope of said
principle, by means of the mandatory judicial consultation […].” 484
344. Finally, Mr. Mora filed a writ of habeas corpus on December 28, 2005, “on the grounds
that [he was] being illegally deprived of his liberty,” because his convictions had not been
subject to a full review, since the cassation appeal to which he had access did not meet the
requirements of Article 8(2)(h) of the Convention. 485 The Constitutional Chamber, through
decision No. 2006-000052 of January 6, 2006, rejected the motion considering that: “[t]he
problem raised by the appellant has already been extensively analyzed by this Chamber,
Cf. Decision No. 2009-00225 of the Court of Criminal Cassation of the Third Judicial Circuit of Alajuela,
of June 12, 2009 (evidence file, folios 35490 and 35491).
483
Cf. Writ of amparo of May 23, 2005 (evidence file, folio 20620).
484
Cf. Decision No. 2005-06480 of the Constitutional Chamber of the Supreme Court of Justice, of May 31,
2005, (evidence file, folios 20625 and 20626).
485
Cf. Writ of habeas corpus of December 28, 2005 (evidence file, folio 20629)
482
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