208. On November 26, 1999, Mr. Martínez traveled to Canada and requested refugee status
in that country. 283 While he remained abroad, the criminal proceedings against him continued:
on December 13, 1999, he was declared in contempt of court; on December 16, 1999, an
international arrest warrant was issued; and on September 7, 2000, in view of the large
number of documents that formed part of the indictment, the Criminal Court of the First
Judicial Circuit of San José ordered the “complex processing” of the case file, in order to
“facilitate the doubling of the deadlines established in favor of the parties to carry out the
procedural actions.” 284
209. On March 26, 2003, the Federal Court of Canada denied Mr. Martínez’s request for
political asylum and on December 1, 2003, it rejected the appeal filed against this decision. 285
Consequently, on December 3, 2003, Mr. Martínez was extradited to Costa Rica. 286
B.3.2. Subsequent periods of pretrial detention
210. On December 3, 2003, the Criminal Court of the First Judicial Circuit of San José
ordered the pretrial detention of Mr. Martínez for one year, considering that: i) the expected
prison sentence “would encourage […] the accused to evade justice”; ii) there was a danger
of flight “which materialized” with his escape to Canada; iii) there was a danger of obstruction,
considering that his participation “in the destruction of evidence […], and in the intimidation
a witnesses […]” had been proven; and iv) the danger of reoffending because his involvement
in another case was being investigated. 287
211. From December 3, 2004, the pretrial detention measure decreed against Mr. Martínez
Meléndez was extended three times by the Court of Criminal Cassation of the Second Judicial
Circuit of San José, lasting from December 3, 2004 to June 3, 2006.
212. On June 2, 2006, the Trial Court of the First Judicial Circuit of San José “exceptionally”
extended the pretrial detention from June 3, 2006 “until the operative part of the judgment
is issued.” 288 In response to this decision Mr. Martínez’s defense filed a writ of habeas corpus
requesting his release. 289 On June 23, 2006, the Constitutional Chamber denied the motion. 290
Undisputed fact. Cf. Press report “Canada hands over fugitive Martínez”, published in La Nación newspaper,
December 3, 2003 (evidence file, folio 2042).
284
Cf. Decision of the Criminal Court of the First Judicial Circuit of San José, of September 7, 2000 (evidence
file, folio 2054). Article 376 of the Code of Criminal Procedure in force at that time established the procedure for
processing complex matters: “Admissibility. When the processing is complex due to the multiplicity of facts, the
large number of defendants or victims or when it involves cases related to the investigation of any form of
organized crime, the court, ex officio or at the request of the Office of the Public Prosecutor, may authorize,
through a reasoned decision, the application of the special rules provided for in this Title […].”
285
Cf. Press report “Canadian justice determined that fugitive was not persecuted” published in Diario Extra,
referring to decision No. 2003-IMM-4206-01 of the Federal Court of Canada of March 26, 2003. (evidence file,
folio 2067) and Press report "Canada hands over fugitive Martínez”, published in La Nación newspaper on
December 3, 2003, which refers to Decision No. IMM-9118-03 of the Federal Court of Canada of December 2,
2003 (evidence file, folio 2043)
286
Cf. Press report “Canada hands over fugitive Martínez”, published in La Nación newspaper on December
3, 2003, which refers to Decision No. IMM-9118-03 of the Federal Court of Canada of December 2, 2003 (evidence
file, folio 2043)
287
Cf. Decision of the Criminal Court of the First Judicial Circuit of San José, of December 3, 2003 (evidence
file, folio 2008).
288
Cf. Decision of the Trial Court of the First Judicial Circuit of San José, of June 2, 2006 (evidence file, folio
26220).
289
Cf. Habeas Corpus petition filed by Ricardo Barahona Montero on June 7, 2006(evidence file, folio 2112).
290
Cf. Decision No. 2006-008979 of the Constitutional Chamber, of June 23, 2006 (evidence file, folio 2132).
283
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