203. On December 5, 2006, 268 they filed a third appeal for review, on the following grounds: i) that the evidence used to convict was illegitimate since it was generated in violation of the Cooperation Agreement between […] Costa Rica and […] the United States of America to suppress illegal trafficking; and ii) that there was a violation of the chain of custody. On April 19, 2007, through decision No. 2007-0389, the Court of Criminal Cassation of the Second Judicial Circuit of San José declared the petition for review inadmissible, considering, in general terms, that the alleged evidentiary violations were legally irrelevant, since the defendants had agreed to an abbreviated procedure, which implies waiving the holding of an oral and public trial and therefore, the right to discuss and examine the evidence offered.” 269 204. On May 22, 2007, 270 they filed a fourth motion for review, arguing that: i) they had been judged by a biased judge since, according to them, the judge who heard the request for pretrial detention against them was the same person who conducted the preliminary hearing in which the abbreviated procedure was decided; and ii) improper individualization of the sanction, since mitigating circumstances in their favor were not considered. On July 5, 2007, through decision No. 2007-0744, the Court of Criminal Cassation of the Second Judicial Circuit of San José dismissed both arguments: the first, because there was no prejudgment; 271 the second, because it was a previously raised issue that was addressed in decision No. 20040924. 272 205. On March 9, 2009, for the fifth time, they filed a motion for review, under transitory provision I of Law 8503 arguing that: i) “ the procedural stage of the preliminary investigation and notification of the charges […] against the five defendants […]was not carried out, […] and the extension of their preliminary statements requested [...] by the private defense counsel [...] was not granted [...]”; and ii) “the Public Prosecutor’s Office omitted […] in the investigation and notification of the charges […], to appoint a translator and interpreter for the brothers Luis and Enrique Archbold Jay, since neither of the accused understand the official language of Costa Rica […].” 273 On July 10, 2009, in decision No. 2009-0191, the Court of Criminal Cassation of Cartago admitted the first motion for review, and ordered a hearing to be held. However, it dismissed the second motion, considering that the accused did not request a translator and that the need for one had not been established. 274 206. The hearing to substantiate the grounds for review was held on August 25, 2009. On that same date, in decision No. 2009-0251, the Court of Criminal Cassation of Cartago declared the review procedure inadmissible. It considered that the case files contained the statements of the accused and, through their study, it was able to verify that these were provided with all the requirements established in the regulations. In addition, it noted that during the investigation, the defendants were accompanied by a public defense attorney who fulfilled the purpose of protecting their fundamental rights. Subsequently, their attorneys Cf. Complaint of December 5, 2006 (evidence file, folios 4596 to 4659). Cf. Decision 2007-0389 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of April 19, 2007, (evidence file, folio 1943). 270 Cf. Demand of May 22, 2007 (evidence file, folios 4758 to 4786). 271 Cf. Decision 2007-0744 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of July 5, 2007, (evidence file, folio 1946). 272 Cf. Decision 2007-0744 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, of July 5, 2007, (evidence file, folio 1946). 273 Cf. Brief submitting the motion for review, signed by Luis Archbold Jay and Enrique Archbold Jay, on March 9, 2009, (evidence file, folios 1952 to 1953 and 1977). 274 Cf. Decision 2009-0191 of the Court of Criminal Cassation of Cartago, of July 10, 2009, (evidence file, folio 1992). 268 269 66