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