domestic law to the provisions of the Convention in order to guarantee the rights recognized
therein. This obligation implies the adoption of measures of two kinds. On the one hand, the
elimination of norms and practices of any nature that involve the violation of the guarantees
set forth in the Convention; on the other hand, the issuance of laws and the implementation
of practices conducive to the effective observance of said guarantees. 359
260. However, this Court is aware that, since the 1990s, the Constitutional Chamber of the
Supreme Court of Justice had referred to the right to appeal a judicial decision established in
Article 8(2)(h) of the Convention, indicating that this was a “parameter of constitutionality.”
In particular, in several rulings such as, for example, judgments 282-90 of March 13, 1990; 360
719-90 of June 26, 1990; 361 1998-00440 of January 27, 1998; 362 2004-14715 of December
22, 2004; 363 2005-03619 of April 5, 2005; 364 1185-95 of March 2, 1995; and 1739-1992 of
July 1, 1992, with erga omnes effects for the ordinary courts, 365 the Constitutional Chamber
accordance with their constitutional processes and the provisions of this Convention, such legislative or other
measures as may be necessary to give effect to those rights or freedoms.”
359
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999.
Series C No. 52, para. 207, and Case of Mendoza et al. v. Argentina. Preliminary objections, merits and
reparations. Judgment of May 14, 2013. Series C No. 26, para. 293.
360
Case 210-90, Judgments 282-90 of March 13, 1990 (evidence file, folios 42046 to 42049). In that
judgment, the Constitutional Chamber states that: “this is a case of immediate application of the treaty, because
Costa Rica has both the organ and the procedure for appealing the judgments in question, since the [...CCP]
generally admits the appeal in cassation in favor of the accused against the conviction, only restricting it to cases
of [low criminality...]. Therefore, [...] in order to comply with [Article 8(2)(h) of the American Convention], it is
sufficient to disregard the aforementioned limitations, and to understand that the remedy of cassation referred to
therein is legally granted in favor of the defendant, sentenced to any penalty in a judgment handed down in a
criminal case for a crime. [In accordance with Article [8(2)(h) of the Convention], the appeal is declared admissible
and the immediate release of the protected persons is ordered until the case is resolved by a final judgment, once
they have been granted the opportunity to appeal the judgment in cassation […]”.
361
Cf. Case 10-90, Judgment 719-90 of June 26, 1990 of the Constitutional Chamber of the Supreme Court
of Justice (evidence file, folios 42050 to 42053). In that decision the Constitutional Chamber states: “Regarding
this last point, the Chamber considers that the appeal in cassation satisfies the requirements of the Convention,
as long as it is not regulated, interpreted or applied with formalistic rigor, but rather allows, with relative simplicity,
the court of cassation to examine the validity of the appealed judgment, in general, as well as the respect due to
the fundamental rights of the accused, especially the rights of defense and due process.”
362
Judgment 1998-00440 of January 27, 1998, of the Constitutional Chamber (evidence file, folio 42132).
363
This judgment is cited in the 2006-0052 of January 6, 2006 (evidence file, folios 20640 to 20644), but
is also publicly available, in full, in the Costa Rican Legal Information System, at: http://jurisprudence.poderjudicial.go.cr/SCIJ_PJ/busqueda/jurisprudence/jur_Document.aspx?param1=Ficha_Judgment¶m2=1&nValo
r1=1&nValor2=305753&tem1=¶m7=&strTipM=T&lResultado=1. In this decision it indicates that: “The right
to appeal the judgment referred to in Article 8(2)(h) of the American Convention [...] is a right exclusively of the
accused in any criminal case involving a crime; b) this right to appeal the judgment consists of the possibility for
a higher court to correct serious errors in the trial, and is satisfied with the extraordinary remedy of cassation,
provided that it is not regulated, interpreted or applied with formalistic criteria […].”
364
This judgment is cited in the 2006-0052 of January 6, 2006 (evidence file, folios 20640 to 20644), but
is also published and available in full in the Costa Rican Legal Information System at: http://jurisprudencia.poderjudicial.go.cr/SCIJ_PJ/busqueda/jurisprudencia/jur_Documento.aspx?param1=Ficha_Sentencia¶m2=1&nVa
lor1=1&nValor2=307236&tem1=¶m7=&strTipM=T&lResultado=1. In that decision the Constitutional
Chamber states: […] in order to comply with [...] Article 8. 2(h) of the American Convention, it is sufficient to
consider the aforementioned limitations as not having been imposed, and to understand that the remedy of
cassation [...] is legally granted in favor of the defendant, sentenced to any penalty in a judgment handed down
in a criminal case for an offense [...]. the Chamber considers that the remedy of cassation satisfies the
requirements of the Convention, insofar as it is not regulated, interpreted or applied with formalistic rigor but
rather allows the court of cassation to examine, with relative simplicity, to examine the validity of the appealed
judgment in general, as well as the respect due to the fundamental rights of the accused, especially the rights of
defense and due process.”
365
Pursuant to Article 13 of Law of the Constitutional Jurisdiction which states that: “The jurisprudence and
precedents of the constitutional jurisdiction are binding erga omnes, except for itself;” as well as Article 107 for
the case of consultation proceedings, which provides that “the decision of the Chamber shall be communicated to
the consulting court, the Attorney General of the Republic and the parties appearing before it, shall have the same
effects and shall be published in the same manner as the judgment issued in the unconstitutionality action, except
that it shall not preclude the filing of the latter in the same proceeding, if applicable.”
81