12 23. That the Inter-American Commission analyzed the Law Extending Review Proceedings and found that “it extends to a certain degree criminal review proceedings in order to adjust review proceedings to Article 8(2)(h) of the Convention by introducing three fundamental changes: (i) the relaxation of formal requirements for granting a motion for review on the grounds of error; (ii) the granting of additional powers to the authorities who must rule upon the motion to review in whole the lower court’s judgment; and (iii) the relaxation of formalities as to the admission of evidence. The Commission took notice of “these significant reforms propounded by the State […]; at the same time, it f[ound] that their effectiveness and the corresponding compliance with the Court’s order in its judgment of July 2, 2004 must be assessed based on the application of the new system to specific cases”. 24. That, with regard to the statistical data furnished by the State, the Inter-American Commission found that it has not been proved that the State’s rules of procedure have been redesigned to provide citizens with further judicial safeguards. Finally, the Commission asked the Court to "declare that the State enacted legislation aimed at adjusting the Costa Rican legal system to the terms of Article “8(2)(h) of the Inter-American Convention in relation to Article 2 thereof, which still must be analyzed for effective application and compliance, so the monitoring proceedings must be kept open with regard to this item". 25. That, in the private hearing for monitoring compliance, the State provided explanations and clarifications regarding the representatives' and the Inter-American Commission’s observations regarding the changes introduced to review proceedings under the Law Extending Review Proceedings. Furthermore, it made reference to the “[B]ill to establish the motion for appeal, introduce other amendments to appellate proceedings and adopt new trial rules (Legislative File No.) 17.143)”. The State informed that “this proposed legislative reform propounded by the Third Division of the Supreme Court of Justice and approved in a preliminary report by the [Supreme] Court en banc, raises the need to conclude a lengthy process of partial reforms dating back to the 1980s and intended to bring Costa Rica’s domestic legal system into compliance with the obligations imposed by the American Convention, particularly Article 8(2)(h) in relation with Article 2 thereof”. The Commission pointed out that “the propounders of this proposal [are] convinced that it will settle a long-lasting controversy" and added that the reform is aimed at: (i) designing “a single uniform appellate system in criminal courts”; (ii) “[c]reating a motion for appeal to the existing cassation courts against criminal judgments”; (iii) creating a motion “to be filed before a judgment becomes final”, which would be given “the largest possible broadness, accessibility and flexibility, so as to settle any doubts and objections presented so far in the face of a motion for review which, even though it has evolved substantially, remains the subject of much controversy by foreign commentators"; (iv) ruling out asymmetries and self-defeating outcomes emerging from this long process of reform, which has included temporary fixes resulting from the evolution and the efforts to adjust the domestic criminal legal system to the terms of the American Convention"; and (v) "[e]stablishing a [m]otion for [r]eview designed in a more classical fashion, and providing guidance in conflicting issues”. 26. That in the hearing for monitoring compliance the representatives summarized their observations submitted in their briefs and pointed out that the Law Extending Review Proceedings represented an effort by the State “to comply in good faith with the Judgment, but […] such effort has proven to be insufficient in practice, and to that end a bill has been introduced which is now under consideration by the Legislative Assembly, which, in the view

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