2.
Adopt the measures necessary to ensure that, as soon as possible, the victims file an
appeal to obtain a review of the convictions, in keeping with Article 8.2 (h) of the American
Convention, pursuant to the standards established in the report on the merits.
3.
Adopt the measures necessary to ensure that the detention conditions in the CAI La
Reforma prison meet inter-American standards in this regard. In particular, ensure that persons
deprived of liberty in said facility, including the victims in the present case, receive adequate medical
care.
In addition to the need to secure justice, the IACHR underscores that the instant case involves
issues of inter-American public order (ordre public). Specifically, the case could help ensure that the
Costa Rican legislative framework grants persons convicted before the legislative amendments were
adopted a full review of their convictions, without any exclusion of matters of fact or evidence.
Although this question has been ruled on by the Inter-American Court, the present case raises issues
about the legislative or other measures a State must adopt to see to it that legislative adjustments to
the American Convention, in addition to providing solutions for the future, as occurred with the
creation of the appeals procedure, make it possible for victims previously affected by a framework
not based on the Convention to obtain a response to the violation of their rights.
Because these matters have an important impact on inter-American public order (ordre
public), pursuant to Article 35.1 (f) of the Rules of Procedure of the Inter-American Court, the
Commission would like to offer the following expert testimony:
An expert, whose name will be provided shortly, who will testify about the scope of the right
to appeal, in light of international standards on the matter. The witness will examine the sequence of
legislative amendments adopted in Costa Rica after the Inter-American Court’s judgment was
rendered in the case of Herrera Ulloa in respect of said State. The expert will focus on evaluating, in
light of the aforementioned standards, the mechanisms provided by said legislative amendments to
the group of persons convicted by final judgment prior to the amendments’ entry into force. Lastly,
the expert may make relevant considerations concerning reparations in this case, in particular with
respect to suitable mechanisms for the group of persons in the same situation as the victims to be
able to effectively exercise their right to appeal.
An expert, whose name will be provided shortly, who will testify about standards applicable
to detention conditions, in particular on international obligations regarding water access, use, and
availability for persons deprived of liberty.
The curricula vitae of the proposed experts will be included in the annexes to the report on
the merits, No. 33/14.
The Commission hereby provides the Court with the following information on those who
acted as petitioners throughout the proceedings:
3