196. On June 14, 2004, the Trial Court of the Southern Zone of Golfito issued the second
judgment No. 68-2004, in which it declared Luis Archbold Jay, Enrique Archbold Jay and three
other persons responsible for the crime of international drug transportation, to the detriment
of public health, and sentenced them to 12 years of imprisonment. 260 They filed several
appeals against this decision, which are summarized below.
197. On July 9, 2004, 261 they filed an appeal in cassation, presenting six arguments related
to the grounds for the judgment and the sentence, as well as the improper use of “spurious”
or “unusable” evidence, among others. 262 (infra para. 303).
198. In decision No. 2004-0924 of September 9, 2004, the Court of Criminal Cassation of
the Second Judicial Circuit of San José declared that none of their claims were admissible
because the defense had requested the application of an abbreviated procedure, which
assumes that the defendants acknowledge the crimes attributed to them. 263
199. On March 28, 2005, 264 they filed a motion for review against judgment No. 68-2004
and decision No. 2004-0924 (which dismissed the cassation appeal), arguing several
procedural violations and various evidentiary flaws.
200.
In decision No. 2005-0535, of June 10, 2005, the Court of Criminal Cassation of the
Second Judicial Circuit of San José considered that the claim of the defendants was
inadmissible, stating, in essence, that the issues raised had already been addressed in
decision No. 2004-0924 which decided the first cassation appeal. 265
201. On February 13, 2006, they initiated a second review proceeding, claiming that they
were not aware of the implications of the abbreviated procedure, that other defendants “had
been convicted and given the minimum ‘sentence’ established” and that there was no
correlation between the charges and the sentence.” 266
202. In decision No. 2006-1107, of October 20, 2006, the Court of Criminal Cassation of
the Second Judicial Circuit of San José declared the request for review unfounded, considering
that it was not proven that the accused were unaware of the scope of the cassation or that
the minimum sentence could have been applied to them. 267
260
Cf. Judgment 68-2004 of the Trial Court of the Southern Zone of Golfito, of June 14, 2004 (evidence file,
folio 33787).
261
The date on which the appeal was filed is not recorded in the evidence. However, according to information
provided by the State, it would have been filed on July 9, 2004. Cf. Brief of the State of September 13, 2017
(merits file, folio 3393, Table I).
262
Cf. Decision 2004-0924 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of
September 9, 2004, (evidence file, folio 1898).
263
Cf. Decision 2004-0924 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of
September 9, 2004, (evidence file, folio 1902).
264
The date on which the appeal was filed is not recorded in the evidence. However, according to information
provided by the State, it would have been filed on July 9, 2004. Cf. Brief of the State of September 13, 2017
(merits file, folio 3395, Table II).
265
It stated that: “the aspects related to "the legitimacy of the evidence with which the defendants were
convicted, as well as problems of correlation between indictment and sentence and violation of the rules of sound
judgment", were known in resolution 2004-0924 which resolved the first cassation appeal filed, and therefore "in
accordance with Article 411 of the Code of Criminal Procedure it is not admissible to raise by way of review, issues
that have already been discussed and decided in cassation”. Cf. Decision 2005-0535 of the Court of Criminal
Cassation of the Second Judicial Circuit of San José, of June 10, 2005, (evidence file, folio 1929).
266
Cf. Complaint of February 13, 2006 (evidence file, folios 4579 to 4589 and Decision 2006-1107 of the
Court of Criminal Cassation of the Second Judicial Circuit of San José, of October 20, 2006 (evidence file, folio
1935).
267
Cf. Decision 2006-1107 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of
October 20, 2006, (evidence file, folio 1938).
65