252. The State also argued that transitory provision I of Law 8503 constituted a special
procedural instrument that only required for its filing and processing that the person who
considered himself affected by the manner in which the cassation appeal was resolved, and
that his right to appeal the judgment had been violated, to file a petition for review invoking
such reason, without further formality, even being able to file more than one motion for
review, as long as the claim was supported by new allegations. In this regard, it explained
that the special review regulated in transitory provision I is not a rigid or exceptional
procedure. These characteristics of the special review were maintained in Law 8937 of 2010,
through which alleged victims were granted a legal period of 18 months, and in addition, 6
months from its entry into force, to claim the violation of Article 8(2)(h) and present all the
arguments related to such situation through the procedural mechanism of review of the
judgment.
253. In addition, the State pointed out that Law No. 8837 of 2010 essentially complements
and expands the scope of Law No. 8503, and that transitory provision III of Law 8837
constituted a procedural mechanism that provided an effective means for those who
considered that their right to appeal the judgment had been violated prior to its enactment
to claim and demonstrate such a situation. With respect to the possibility of filing a single
motion for review within the first six months of the enactment of Law 8837, it pointed out
that this did not imply any restriction of the effective protection of the right to appeal the
judgment, since it would not be feasible to review ex officio all final convictions prior to said
law, and neither would the generic argument of the “non-existence of the appeal” prior to its
enactment be sufficient.
254. Furthermore, the State emphasized that the appeals system provided for in the Costa
Rican criminal procedure system reflects the best standards in the Latin American region. 350
According to the State, to consider that Costa Rica's criminal appeals system is contrary to
the Convention would imply disqualifying one of the procedural systems in the region that
has granted the most defense guarantees to the accused. This would also imply a setback to
the processes of democratization of criminal justice in the Latin American region, and a return
to inquisitorial systems of hierarchical control in the decisions of the sentencing judges, as
well as a weakening of the oral trial as the central phase of the entire procedure. Finally, the
State referred in detail to the situation of each group of alleged victims.
B.
Considerations of the Court
255. In its constant case law, the Court has referred to the scope and content of Article
8(2)(h) of the Convention, as well as to the standards that should be observed to ensure the
right to appeal the judgment before a higher judge or court. The Court considers that the
right to appeal the judgment is an essential guarantee that “must be respected as part of due
process of law, so that a party may turn to a higher court for review of a judgment that was
unfavorable to that party’s interests […].” 351 Bearing in mind that judicial guarantees seek to
ensure that anyone involved in a judicial proceeding is not subject to arbitrary decisions, the
Court interprets that the right to appeal a judgment cannot be effective unless it is guaranteed
The State analyzed CCP of 1973, the CCP of 1996, the reform of Law 8503 of 2006 and the reform of
Law 8837, comparing their norms with the codes of criminal procedure of Mexico, Chile and Argentina (merits file,
folios 1158 to 1178).
351
Cf. Case of Herrera Ulloa v. Costa Rica, supra, para. 158, and Case of Zegarra Marín v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of February 15, 2017. Series C No. 331, para. 170.
350
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