by the appellants, said court held that the claim was a copy of the cassation appeal that it
had already resolved previously (supra para. 200), and therefore dismissed it, explaining that
is was not feasible to resubmit questions to review that had already been judged in cassation,
in accordance with Article 411 of the CCP. Likewise, it considered that it was inadmissible to
object to how that Chamber decided the aforementioned cassation appeal, because “in reality,
what this conceals is an appeal to revoke the decision taken by this court.” 425 Thus, it is
evident that the Chamber analyzed and provided reasons for its considerations regarding the
issues raised in this appeal.
B.2.3. Second motion for review
306. On February 13, 2006 the Archbold Jay brothers filed a new motion for review, 426
stating that:
“a) At the time they were offered [it], they did not have the slightest idea of what an abbreviated process
meant [,] […] both have reached the conclusion that something they were offered was not complied with, that
is, that they would be given the most favorable sentence; (b) Despite being foreigners, they deserve to be
treated the same as Costa Ricans [because] a large number of defendants who have gone through the
abbreviated process, have been convicted with the minimum “sentence”; c) There [was] no correlation
between indictment and sentence, since Article 77 of the Law on Psychotropic Drugs […] has nothing to do
with it, as it establishes a minimum sentence of three years and not the 12 years that were imposed.” 427
307. On October 20, 2006, through decision No. 2006-1107, the Court of Criminal Cassation
of the Second Judicial Circuit of San José declared the motion for review without merit. As for
the argument that the defendants did not receive the sentence that they claim they were
promised, the judicial authority pointed out that the appellants did not prove this situation
and that, on the contrary, the record of the preliminary hearing shows that the sentence they
negotiated was twelve years. The Court of Cassation transcribed the contents of that record
(supra para. 202) and stated that there is no evidence to reasonably suggest that the
defendants consented to the application of the abbreviated procedure “by mistake or against
their will.” Nor is there evidence that the sentence was imposed without granting them the
opportunity to exercise their defense or obviating the necessary demonstration of their
guilt. 428
308. With regard to the alleged infringement of the principle of equality because, according
to the appellants, they were not granted the minimum sentence because they are not Costa
Ricans, but Colombians, as well as in relation to the alleged lack of grounds for the imposition
of the 12-year sentence, the review court indicated that this was due to the agreement that
the defendants themselves made by accepting the abbreviated procedure, taking into account
that “the parties freely negotiated the application of the abbreviated process on the basis of
a 12-year prison sentence and not […] on the promise that they would receive the minimum
sentence possible.” 429
425
Cf. Decision No. 2005-0535 of the Court of Criminal Cassation of the Second Judicial Circuit of San José,
of June 10, 2005 (evidence file, folios 33751 to 33756).
426
Cf. Brief of interposition of proceeding of review, signed by Luis Archbold Jay and Enrique Archbold of
February 13, 2006 (evidence file, folios 4579 a 4589).
427
Cf. Decision No. 2006-1107 of the Court of Criminal Cassation of the Second Judicial Circuit of San José,
of October 20, 2006 (evidence file, folios 33757 to 33761).
428
Cf. Decision No. 2006-1107 of the Court of Criminal Cassation of the Second Judicial Circuit of San José,
of October 20, 2006 (evidence file, folio 33759).
429
Cf. Decision No. 2006-1107 of the Court of Criminal Cassation of the Second Judicial Circuit of San José,
of October 20, 2006 (evidence file, folio 33759).
96