that, in principle, if a person was convicted of a criminal offense between June 6, 2006 and
December 9, 2011, he or she could have filed a cassation appeal as amended by Law 8503 of
2006 in order to achieve a comprehensive review of the sentence and, failing this, transitory
provision III of Law 8837 created the possibility for these persons to appeal possible violations
of Article 8(2)(h) of the Convention by filing a motion for review.
265. In view of the foregoing, the Court considers that, in the instant case it is not
appropriate to declare a violation of Article 2 of the American Convention because of the way
in which the Costa Rican appeals system is regulated, or because of the manner in which the
State addressed the situation of persons whose convictions were already final prior to the
entry into force of Laws 8503 and 8837. This is because through said reforms, it remedied
the deficiencies in the application of the appeal rules that remained after the decisions of the
Constitutional Chamber, which since the 1990s indicated that the appeal in cassation should
be applied in a way that guarantees the right to a second hearing (supra para. 260). 378
266. Thus, what is required is a case-by-case analysis of the remedies actually filed by the
alleged victims in order to determine whether the manner in which they were resolved in the
Costa Rican appeals system, taking into account its reforms, respected their right to a
comprehensive review of their convictions.
267. In this regard, this Court recalls that an effective remedy means that the analysis of a
judicial remedy by the competent authority cannot be reduced to a mere formality, but must
examine the reasons invoked by the plaintiff and expressly address these. 379
268. This Court has also pointed out that “the obligation to provide grounds is one of the
‘due guarantees’ included in Article 8(1) to safeguard the right to due process.” 380 The Court
has indicated that the grounds “are the exteriorization of the reasoned justification that allows
a conclusion to be reached” 381 and implies a rational explanation of the reasons that led the
judge to adopt a decision. The importance of this guarantee is linked to the correct
administration of justice and the prevention of arbitrary decisions. Likewise, the statement of
reasons gives credibility to legal decisions within the framework of a democratic society and
demonstrates to the parties that they have been heard. 382
269. This is linked to another aspect that highlights the importance of the reasoning as a
guarantee: it provides the possibility, in those cases in which decisions are subject to appeal,
to criticize the ruling and obtain a new examination of the issue before a higher court. Thus,
the Court has already pointed out that “the grounds for the judicial decision must be provided
378
In this regard, the Court notes that in its judgment in the case of Mendoza et al. v. Argentina, in which
it declared a violation of Article 2 of the Convention, positively assessed the “Casal Judgment” of the Supreme
Court of Justice in which “the limitation of the appeal in cassation to the so-called issues of law is discarded
definitively.” However, it noted that that the criteria evident from the Casal judgment were subsequent to the
decisions taken on the appeals in cassation filed on behalf of the presumed victims in this case, which does not
occur in this case. Cf. Case of Mendoza et al. v. Argentina, supra, paras. 254 and 255.
379
Cf. Case of López Álvarez v. Honduras. Merits, reparations and costs. Judgment of February 1, 2006.
Series C No. 141, para. 96, and Case of Zegarra Marín, para. 179
380
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 78, and Case of
Zegarra Marín v. Peru, supra, para. 146.
381
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of November 21, 2007. Series C No. 170. para. 107, and Case Flor Freire v. Ecuador, supra,
para. 182.
382
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, supra, para. 78,
and Case of Zegarra Marín v. Peru, supra, para. 146.
84