appeals against it on April 2 572 and 24, 573 2001. In the latter, the defense counsel once again
alleged “illegitimate grounds for the setting of the sentence.” 574 In this regard, in a decision
on June 8, 2001, the Third Chamber analyzed the sentence imposed and confirmed that, in
effect, its quantum was based on facts on which the statute of limitations had expired. It also
pointed out certain aspects that were not considered by the trial court, and therefore decided
that the four-year sentence imposed was disproportionate, reduced it to three years, granted
the defendant the benefit of a suspended sentence and ordered his immediate release.
408. In the rulings of February 2, 2001 575 and June 8, 2001, 576 the Third Chamber of the
Supreme Court of Justice was constituted, inter alia, by Judges Daniel González, Mario A.
Houed, Rodrigo Castro and Carlos Redondo, the latter as an alternate judge. On both
occasions, these judges ruled on the alleged lack of grounds for the sentence in two different
judgments, in which the sentence to be imposed on Mr. Rojas was determined (supra para.
177). Although in the case under study the aforementioned judges decided aspects of
substance and not only of form, 577 and therefore should have abstained from participating in
the second decision of February 8, 2001, this Court notes that in both decisions, the Third
Chamber declared admissible the appeals filed in favor of Mr. Rojas. Therefore, there is no
evidence of any prejudice caused by the fact that these judges were members of the Chamber
on both occasions.
409. Secondly, in August 2001, Mr. Rojas filed a motion for review, which the Third Chamber
declared inadmissible in a decision of September 14, 2001, finding that it did not meet the
requirements stipulated in Article 410 of the Code of Criminal Procedure, which requires
“specific reference to the grounds on which it is based.” 578 On November 29, 2004, Mr. Rojas
requested the withdrawal of “any motion for review filed against judgment No. 172-2000,”
stating that he had not received any technical legal support for its presentation. This
withdrawal was accepted by the Third Chamber, including by Judges Rodrigo Castro, Jesús
Ramírez and José Manuel Arroyo, 579 who were the same judges who declared inadmissible
the motion of review filed in August 2001. 580 It should be noted that Judge Rodrigo Castro
had already formed part of the composition of the Third Chamber that issued the two
aforementioned cassation rulings (supra paras. 406 and 407).
410. It is evident from the rulings on the motion for review and its withdrawal, that in both
decisions none of the judges examined substantive issues, 581 resolving only procedural
matters. Therefore, the right to an impartial judge was not violated.
572
Cf. Appeal for cassation filed by Rafael Rojas Madrigal against Judgment No. 172-2000, of April 2, 2001
(evidence file, folio 1016).
573
Cf. Appeal for cassation filed by Luis Fernando González against Judgment No. 172-2000, on April 24,
2001 (evidence file, folio 1021).
574
Cf. Appeal for cassation filed by Luis Fernando González against Judgment No. 172-2000, on April 24,
2001 (evidence file, folio 1022)
575
Cf. Decision No. 2001-000122 of the Third Chamber of the Supreme Court of Justice, of February 2, 2001
(evidence file, folio 1010).
576
Cf. Decision No. 00550-2001 of the Third Chamber of the Supreme Court of Justice, of June 8, 2001
(evidence file, folio 1033).
577
Mutatis mutandis, Case Herrera Ulloa v. Costa Rica, supra, para. 174.
578
Cf. Decision No. 2001-00882 of the Third Chamber of the Supreme Court of Justice, of September 14,
2001 (evidence file, folio 1040).
579
Cf. Notification from the Third Chamber of the Supreme Court of Justice, of February 23, 2005 (evidence
file, folio 1042).
580
Cf. Decision No. 2001-00882 of the Third Chamber of the Supreme Court of Justice, of September 14,
2001 (evidence file, folio 1040).
581
Case of Herrera Ulloa v. Costa Rica, supra, para. 174.
128
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