33 as a consequence of being under politically motivated indictment for embezzlement of public funds.”198 On December 1, 2003, a hearing was held at which the Federal Court of Canada denied the motion filed by him.199 The Canadian Federal Court noted that “the claimant failed to establish that there existed a serious possibility of irreparable harm.”200 131. On December 3, 2003, Mr. Martínez arrived in Costa Rica after being deported. On that day, the Criminal Court of the First Judicial Circuit of San José issued a preventive detention order for Mr. Martínez for the course of one year.201 It held that the offense that he is charged with is serious, there is risk of flight, risk of obstruction inasmuch as it had been successfully ascertained that his siblings had destroyed evidence, and a risk of repeat offense, given that he is under another investigation for the crime of embezzlement of public funds and other offenses.202 132. On June 2, 2006, the Criminal Court of the First Judicial Circuit of San José granted an extension “on an exceptional basis” of the preventive detention order for Jorge Martínez beginning on June 3, 2006 until “the operative portion of the judgment giving rise to the instant matter is issued.”203 The Criminal Court recognized that “even though it is true (…) [that] the ordinary and extraordinary time periods [deadlines] of the preventive detention expire this coming June 3 (…), the Court finds that by applying the principles of proportionality and reasonability, the period of time of the preventive detention must be extended on an exceptional basis.”204 It held that it is apparent that Jorge Martínez showed “an obvious lack of care about being brought to trial in breaking every condition of release in the past that have been imposed [on him] by the authorities.”205 133. On June 7, 2006, Mr. Martínez’ public defender filed a petition for habeas corpus relief contesting the court decision of June 2 that same year on the grounds that the precautionary measure of preventive detention falls outside of the ordinary and extraordinary periods of time. Accordingly, he moved for Mr. Martínez’ release to be ordered.206 198 Annex 94. Press clipping “Juez decidirá el 1 de diciembre si se detiene extradición de Jorge Martínez” [‘Judge shall rule on December 1 whether to halt extradition of Jorge Martinez’] published in the Diario La Nación, dated November 25, 2003. Annex to State’s communication of June 1, 2011. 199 Annex 95. Press clipping “Martínez hizo su ultimo intento de defensa ayer” [‘Martinez made last attempt at defense yesterday’] published in Diario La Nación, dated December 2, 2003. Annex to State’s communication of June 1, 2011; Annex 96. Order of Justice Snider, Docket 1MN-9118-03, dated December 1, 2003. Annex to State’s communication of June 1, 2011. 200 Annex 97. Press clipping “Canadá entrega a prófugo Martínez” [‘Canada hands over fugitive Martinez’] published in the Diario La Nacion, dated December 3, 2003. Annex to State’s communication of June 1, 2011. 201 Annex 98. Decision of the Criminal Court of the First Judicial Circuit of San José, dated December 3, 2003. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 202 Annex 98. Decision of the Criminal Court of the First Judicial Circuit of San José, dated December 3, 2003. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 203 Annex 99. Decision of the Criminal Court of the First Judicial Circuit of San José, dated June 2, 2006. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 204 Annex 100. Decision of the Criminal Court of the First Judicial Circuit of San José, dated June 2, 2006. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 205 Annex 100. Decision of the Criminal Court of the First Judicial Circuit of San José, dated June 2, 2006. Annex to petitioner’s communication received in the IACHR on October 11, 2006. 206 Annex 101. Submission of Ricardo Barahona Montero to Constitutional Chamber of the Supreme Court of Justice, dated June 7, 2006. Annex to petitioner’s communication received in the IACHR on October 11, 2006.