proper assessment of the evidence on file, the Third Chamber itself corrected these defects
in decision N° 2010-00544 of May 28, 2010.
281. In this regard, the Court recalls that the principle of complementarity permeates the
inter-American system of human rights, which is, as stated in the Preamble to the American
Convention, “reinforcing or complementing the protection provided by the domestic laws of
the American states.” The State “is the principal guarantor of human rights and, consequently,
if a violation of said rights occurs, the State must resolve the issue in the domestic system
and, if applicable, redress the victim before resorting to international forums such as the
inter-American system for the protection of human rights, which derives from the subsidiary
nature of the international system vis-à-vis the domestic systems for the protection of human
rights.” The aforementioned subsidiary nature of the international jurisdiction means that the
system of protection established by the American Convention does not replace the national
jurisdictions, but rather complements them. 402
282. Thus, in application of this principle, this Court considers that it is not appropriate to
declare a violation of Article 8(2)(h) of the Convention to the detriment of Mr. Rafael Rojas
Madrigal, in relation to Case N° 99-000136-0065-PE, in which he was convicted of the crime
of using a false document to the detriment of the public interest.
B.1.2. In relation to file N° 02-004656-0647-TP (embezzlement and use of a false
document)
283. In the judgment issued on June 2, 2009, the Trial Court of the First Judicial Circuit of
San José sentenced Mr. Rojas to a five-year prison term for the crimes of embezzlement and
use of a false document. 403 Mr. Rojas and his defense counsel each filed cassation appeals
against this judgment.
284. On January 9, 2012, during the processing of the appeals and based on transitory
provision III of Law 8837, Mr. Rojas Madrigal filed a motion requesting the conversion of his
petition for a writ of reversal on cassation into a motion of appeal, stating that the enjoyment
of the guarantees provided for in Article 8(2)(h) of the Convention is only enhanced by the
rules of an appeal. On February 20, 2012, Mr. Rojas submitted a new petition for conversion,
requesting that this be referred to the court of appeals since he had requested it within the
two-month period provided by law.
285. In decision No. 2012-00526 of March 22, 2012, the Third Chamber denied the petition
stating that “it [did] not meet the legal requirements,” 404 since transitory provision III
established that “under penalty of inadmissibility, the grievance must be specifically stated”
(supra para.188). Interpreting this rule, the Third Chamber stated that “[…] the appellant
must include a statement of the reasons that lead him to consider why the appeal filed against
the judgment of the trial court should not be heard through the motion for cassation, but
through the remedy of appeal” and that “[t]he appellant does not explain the reasons that
402
Cf. Case of Acevedo Jaramillo et al. v. Peru, supra, para. 66, and Case of the Peasant Community of
Santa Bárbara v. Peru. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015.
Series C No. 299, supra, para. 159.
403
Cf. Judgment No. 614-09 of the trial court of the First Judicial Circuit of San José of June 2, 2009, cited
in Decision No. 2012-00526 of the Third Chamber of the Supreme Court of Justice of March 22, 2012 (evidence
file, folio 33695).
404
Cf. Decision No. 2012-00526 of the Third Chamber of the Supreme Court, of March 22, 2012. (evidence
file, folio 33695).
89