32
by the Second Vice President of the Republic as representative to the Commission of Social
Compensation.190
127. The next day, the Criminal Court for Extraordinary Matters ordered Mr. Martinez to be
taken into preventive custody for a period of six months on the grounds that “he could pose a
procedural obstacle by manipulating the evidence.”191 On February 19, 1999, the Criminal Court of the
First Judicial Circuit of San José granted bail to Mr. Martinez, under which he was to pay an amount of
money to be granted conditional release.192
128. Jorge Martínez traveled to Canada on November 26, 1999.193 Under a court decision of
December 13, 1999, Jorge Martinez was found in contempt of court. On December 16, 1999, an
international arrest warrant was issued for the alleged victim.194
129. On September 7, 2000, the Criminal Court of the First Judicial Circuit of San José ordered
the application of the special procedures for processing of complex matters because of the high number
of documents involved in the case. It noted that by proceeding under these special rules, the procedural
deadlines are extended to twice as long as in ordinary procedures and that “while the procedure for the
processing of complex cases redounds to the detriment of defendants when they are being held in (…)
preventive detention, this is not so in this instance when all are on release.”195 The Criminal Court also
issued a warrant for the preventive detention of Mr. Martínez on the grounds that he left the country
and did not fulfill the conditions that were imposed on him when he was released on bail. The next day,
the Office of the Prosecuting Attorney requested the Criminal Court of the First Judicial Circuit of San
José to approve and open the proceedings for the extradition of Mr. Martínez.196
130. Based on information in newspaper clippings, on March 26, 2003, the Federal Court of
Canada found that Mr. Martínez was not eligible for the status of politically persecuted in order to
obtain refugee status.197 Mr. Martínez appealed said decision arguing that he fears “being persecuted
190
Annex 88. Decision of the Criminal Court in Chambers for Extraordinary Matters, dated August 22, 1998. Annex to
petitioner’s communication received at the IACHR on October 11, 2006.
191
Annex 88. Decision of the Criminal Court in Chambers for Extraordinary Matters, dated August 22, 1998. Annex to
petitioner’s communication received at the IACHR on October 11, 2006.
192
Annex 89. Decision of the Criminal Court of the First Judicial Circuit of San José, dated February 19, 1999. Annex to
petitioner’s communication of May 24, 2011.
193
Annex 90. Press clipping “Canadá entrega a prófugo Martínez” [‘Canada hands over fugitive Martinez’] published
in the Diario La Nacion, dated December 3, 2003, which references Decision No. 2003-IMM-4206-01 of the Federal Court of
Canada of March 26, 2003. Annex to State’s communication of June 1, 2011.
194
Annex 91. Decision of the Criminal Court of the First Judicial Circuit of San José, dated September 7, 2000. Annex
to petitioner’s communication received in the IACHR on October 11, 2006.
195
Annex 91. Decision of the Criminal Court of the First Judicial Circuit of San José, dated September 7, 2000. Annex
to petitioner’s communication received in the IACHR on October 11, 2006.
196
Annex 92. Official Letter of 2000 Office of the Deputy Prosecuting Attorney for Economic, Corruption and Tax
Crimes, dated September 7, 2000. Annex to petitioner’s communication of March 26, 2011.
197
Annex 93. Press clipping “Justicia canadiense determinó que prófugo no era perseguido” [‘Canadian Justice ruled
fugitive was not persecuted’] published in Diario Extra, undated. Annex to State’s communication of June 1, 2011.