29 ordered the State “to payment of costs and damages caused (…) which shall be liquidated in execution of the administrative claim judgment.”166 115. On February 25, 2013, Mr. Rojas requested the Sentence Execution Court for a doctor to visit him at the prison in order to treat him for blood in the stool and constant fever that he has had since 2008.167 3. Carlos Eduardo Yépez Cruz, Luis Archbold Jay, Enrique Floyd Archbold Jay, Fernando Saldarriaga Saldarriaga and Miguel Antonio Valverde 116. On November 18, 2002, Carlos Eduardo Yépez Cruz, Luis Archbold Jay, Enrique Floyd Archbold Jay, Fernando Saldarriaga Saldarriaga and Miguel Antonio Valverde, all Colombian nationals, were arrested by the Costa Rican Anti-Drug Police “for apparent international drug trafficking.” Pursuant to an official letter from the Anti-Drug Police, a boat on which the alleged victims were traveling was chased and in the course pursuit they reputedly threw packages into the sea, which apparently contained cocaine.168 On September 22, 2003, the alleged victims were convicted to a 12-year prison term for the crime of transportation of drugs for sale, a crime against public health.”169 117. On September 9, 2004, the Court of Criminal Cassation of the Second Judicial Circuit of San José denied a petition for a writ of cassation for reversal of the convictions of Luis Archbold Jay, Enrique Archbold Jay, Carlos Yepes Cruz, Miguel Valverde Montoya and Fernando Saldarriaga.170 The alleged victims argued violation of due process inasmuch as i) the conviction was based on illegitimate evidence; and ii) the chain of custody for the evidence was not established.171 118. The Court of Criminal Cassation noted that “the finding of the proven facts in the judgment of conviction was essentially based on the fact that the five defendants accepted them as they were described in the charging document.” It also noted that the facts are corroborated “by documentary evidence that was cited and assessed in the judgment of conviction.”172 119. On November 30, 2005, the Constitutional Chamber denied on the merits the unconstitutionality action brought by Mr. Yepes against several articles of the Code of Criminal 166 Annex 73. Decision of the Constitutional Chamber, dated January 18, 2013. Annex to petitioner’s submission of April 22, 2013. 167 Annex 74. Request of Mr. Rojas Madrigal, dated February 25, 2013. Annex to petitioner’s submission of April 22, 2013. 168 Annex 75. Official Letter D.PCD-1509-2002 of the Drug Enforcement Police of Costa Rica, dated November 19, 2002. Annex to petitioner’s communication of January 24, 2010. 169 Annex 76. Request for Judicial Assistance No. 964 from the National Unit for Asset Forfeiture and Anti-Money Laundering of the Office of the Attorney General of the Nation of Colombia, dated June 29, 2001. Annex to petitioner’s communication of September 3, 2011. 170 Annex 77. Decision No. 2004-0924 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, dated September 9, 2004. Annex to petitioner’s communication of May 4, 2006. 171 Annex 77. Decision No. 2004-0924 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, dated September 9, 2004. Annex to petitioner’s communication of May 4, 2006. 172 Annex 77. Decision No. 2004-0924 of the Court of Criminal Cassation of the Second Judicial Circuit of San José, dated September 9, 2004. Annex to petitioner’s communication of May 4, 2006.

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