21
appeals, and that as yet it had not been settled. He argued that being held in custody “aggravated [his]
condition of having [the] criminal proceeding [up] in the air.” He contended that under transitional
provision III of Law No. 8837, a motion to convert the petition for writ of reversal on cassation into a
motion to appeal with a period of two months was permitted.99
86.
Based on accounts provided by the State, on March 22, 2012, the Third Chamber denied
the petition for writ of reversal on cassation.100 The Third Chamber rejected the different arguments
that “the [trial] court took as the point of departure [a particular] platform of facts” which established
“the certainty of the claimant being the perpetrator, as well as his way of acting.”101 It further noted that
“taking a proven fact, or two, in isolation from other ones, which expand and/or complement them, just
as is done by the claimant, would mean getting into a prohibited area, both for the challenging party
and for this Chamber.”102
87.
Additionally, in said decision, the Third Chamber denied the request to convert the
petition for writ of cassation into a motion to appeal because Mr. Rojas did not fulfill the requirements
set forth in Transitional Article III of Law No. 8837.103 Particularly, it noted that his request “is careless
with regard to stating the basis for the grievance, being that he only references the violation of Article
8.2.h of the American Convention.”104 It also held that Mr. Rojas did not explain the reasons that led him
to believe that, despite his petition being filed prior to Law No. 8837 came into force, the procedure for
appeal of conviction, provided for therein, should be applied to his case.105
88.
On September 4, 2012, the Constitutional Chamber denied the petition for habeas
corpus relief sought by Mr. Rojas, in which he argued that the Third Chamber denied his motion to
convert the petition for writ of cassation into motion to appeal.106
89.
On November 5, 2012, Mr. Rojas filed another petition for relief under a writ of habeas
corpus with the Constitutional Chamber. He contended that he did not file a motion for review of
judgment 614-2009 because he was unable to gain access to the written judgment of conviction due to
the fact it was provided to him in compact disc format.107
99
Annex 45. Submission filed by Rafael Antonio Rojas Madrigal to the Constitutional Chamber of the Supreme Court
of Justice, dated February 20, 2012. Annex to petitioner’s communication of March 3, 2012.
100
Annex 46. State’s submission of June 21, 2013.
101
Annex 46. State’s submission of June 21, 2013.
102
Annex 46. State’s submission of June 21, 2013.
103
Annex 47. Decision No. 2012012366 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 4, 2012. Annex to petitioner’s submission of April 22, 2013.
104
Annex 47. Decision No. 2012012366 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 4, 2012. Annex to petitioner’s submission of April 22, 2013.
105
Annex 47. Decision No. 2012012366 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 4, 2012. Annex to petitioner’s submission of April 22, 2013.
106
Annex 47. Decision No. 2012012366 of the Constitutional Chamber of the Supreme Court of Justice, dated
September 4, 2012. Annex to petitioner’s submission of April 22, 2013.
107
Annex 48. Submission of petition for writ of habeas corpus, dated November 5, 2012. Annex to petitioner’s
submission of December 21, 2012.