15.
On this occasion, the Court also positively views the actions of the State that
considered it necessary to strengthen the amendments implemented by the Inaugural Law,
and, motu propio, initiated a new process of legal reform, which concluded with the
approval of Law. No. 8.837. Through this law, in addition to maintaining the judicial review
recourse, an appeals proceeding for criminal judgments is created which, inter alia: a)
provides for the revision of a judgment before a superior tribunal; b) consists of a simple
procedure, free of major formalities, that avoids any requirements or restrictions that
infringe upon the essence of the right to appeal, and c) makes it possible to fully weigh up
all the issues debated and analyzed by the trial court.
16.
The Inter-American Court concludes that, by ensuring increased monitoring of
judgments issued by a trial court in criminal law matters at the domestic level, Costa Rica
has fully complied with operative paragraph five of the Judgment, and thus, concludes the
present case. The future application of the appeal proceeding does not concern the
supervision of compliance with the case of Herrera Ulloa.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its powers of supervision of compliance with its decisions, pursuant to Articles
67 and 68(1) of the American Convention on Human Rights, Article 30 of the Statute, and
Article 31(1) of its Rules of Procedure,
DECLARES:
1.
That in accordance with the provisions set in paragraphs 10, 14, 15, and 16 of the
present Order, the State has fully complied with the operative paragraphs of the Judgment
issued in the present case. These operative paragraphs stipulate that the State shall:
nullify, in every respect, the November 12, 1999 judgment of the Criminal Court
of the First Judicial Circuit of San José, as provided for in paragraphs 195 and 204
of the Judgment (operative paragraph four of the Judgment), and
A)
b) bring its domestic legal system in to line with the provisions of Article 8(2)(h) of
the American Convention on Human Rights, in conjunction with Article 2. (operative
paragraph five of the Judgment).
2.
That, consequently, the Republic of Costa Rica has fully complied with the Judgment
issued on July 2, 2004, in the case of Herrera Ulloa, in accordance with that set forth in