36 142. Based on information from the State, Mr. Martínez filed a motion for review of conviction, which was denied by the Third Chamber in 2012.225 It noted that the alleged victim only argued the alleged flaw of erroneous basis for the punishment, which was dismissed by the Chamber on the grounds that it was not of “a legal nature.” 5. Guillermo Rodríguez Silva and Martín Rojas Hernández 143. On February 1, 2004, a complaint was filed against Martín Rojas and Guillermo Rodríguez226 for the crime of rape. On that day, both individuals were taken into custody under arrest. According to the case file, documents from the preliminary investigation statements of both of them appear on the record in which a prosecutor explains to them in detail “the crimes they are charged with, what the evidence is against them (…) that if they make a statement they have the right to offer exculpatory evidence or clarify any facts they deem pertinent.”227 144. The Criminal Court for Extraordinary Matters of San José ordered the preventive detention of Martín Rojas and Guillermo Rodríguez for a term of four months given the high penalty to which they could be subject.228 The measure was extended at different times in order to “complete the process of investigation.”229 145. On December 2, 2004 the Trial Court of San José convicted i) Guillermo Rodríguez as the perpetrator responsible for the crimes of rape and sexual abuse and sentenced him to a total of 72 years in prison; and ii) Martín Rojas as a perpetrator responsible for the crimes of rape and sentenced him to a total of 28 years in jail.230 146. On January 19, 2005, the public defender of Guillermo Rodríguez filed a petition for a writ of reversal on cassation of the conviction alleging that i) the rules of the Code of Criminal Procedure were not observed inasmuch as there is no consistency between the formal charges leveled by the Office of the Public Prosecutor and the crimes adjudged as proven by the court; ii) the evidence introduced is not compelling enough to find responsibility; and iii) the basis for the punishment is 225 Annex 46. State’s submission of June 21, 2013. 226 Annex 110. Report 019-DSFV-CI-04 of the Department of Criminal Investigations, dated February 1, 2004. Case File No. 04-002096-042-Pe. Office of the Prosecutor for Extraordinary Matters Second Judicial Circuit San José. Investigation File. Pages 1-3. 227 Annex 111. Initial Statements of Martín Rojas and Guillermo Rodríguez. Case File No. 04-002096-042-Pe. Office of the Prosecutor for Extraordinary Matters Second Judicial Circuit San José. Investigation File. Pages 20-25. 228 Annex 110. Decision ordering preventive custody issued by the Criminal Court for Extraordinary Matters of San Jose. Case File No. 04-002096-042-Pe. Office of the Prosecuting Attorney for Extraordinary Matters of the Second Judicial Circuit of San José. Precautionary Measures files. Pages 10-12. 229 Annex 110. Decision extending the term of the precautionary measure from the Criminal Court of the Third Judicial Circuit of San José. Case File. 04-002096-042-Pe. Office of the Prosecuting Attorney for Extraordinary Matters of the Second Judicial Circuit of San José. Precautionary Measures files. Pages 36-42; Annex 110. Decision extending the term of the precautionary measure of the Criminal Court of the Defenseless. Case File No. 04-002096-042-Pe. Office of the Prosecuting Attorney for Extraordinary Matters of the Second Judicial Circuit of San José. Precautionary Measures files. Pages 63-75. 230 Annex 111. Judgment No. 248-04 of the Trial Court of San José, dated December 2, 2004. Case File No. 04-002096042-Pe. Office of the Prosecuting Attorney for Extraordinary Matters of the Second Judicial Circuit of San José. Investigation files. Pages 261-291.