41
8.1.
Criminal Cases
162. On October 2, 2002, the Court of the Judicial Circuit of the Southern Zone issued a
conviction finding Damas Vega Atencio and Kattia Sánchez to be jointly guilty of two counts of the crime
of attempted aggravated homicide and aggravated robbery stemming from a single act (en concurso
ideal), issuing a sentence of a 20-year prison term.262 Then on April 4, 2002, the Court of the First
Judicial Circuit of the Atlantic Zone issued a sentence of a prison term of three years and 4 months for
the crime of aggravated robbery.263 On December 3, 2003, the Sentence Execution Court of Alajuela
unified the convictions.264 Hereunder, an account is provided of the motions filed with regard to each
judgment of conviction.
8.1.1. Judgment No. 106-2002
163. On October 29, 2002, the legal defense team of Mr. Vega filed a petition for writ of
reversal of conviction on cassation alleging: i) failure to provide a basis for the conviction inasmuch as it
was only based on police conjecture and presumption; ii) conflicting testimony; and iii) violation of the
rules of the standard of free and reasoned judgment (sana crítica).265 On March 28, 2003, the Third
Chamber denied the petition for reversal on cassation. It noted that “it is evident that the court set
forth the reasons why it finds the defendants criminally responsible and are convicted.”266
164. On October 20, 2003, Mr. Vega filed a motion for review of conviction on the grounds of
due process violation for improper basis for the punishment and assessment of the criminal offenses.267
On April 16, 2004, the Third Chamber granted the motion to review with regard to the argument of
failure to provide a basis for the punishment.268 However, on October 12, 2004, Mr. Vega filed a motion
to dismiss the motion to review judgment,269 which was granted by the Third Chamber on April 27,
2005.270
262
Annex 127. Judgment No. 106-2002 of the Court of the Judicial Circuit of the South Zone, dated October 2, 2002.
Case File No. 99-000506-062PE. Pages 579-636. Annex to petitioner’s submission of July 16, 2007.
263
Annex 128. Decision No. 2677-03 of the Sentence Execution Court of Alajuela, of December 3, 2003. Annex to
compact disc attached by the State in its communication of October 25, 2010.
264
Annex 127. Decision No. 2677-03 of the Sentence Execution Court of Alajuela, of December 3, 2003. Annex to
compact disc attached by the State in its communication of October 25, 2010.
265
Annex 127. Submission of petition for writ of reversal on cassation, dated October 29, 2002. Case File No. 99000506-062PE. Pages 638-696. Annex to petitioner’s submission of July 16, 2007.
266
Annex 127. Decision No. 2003-00214 of the Third Chamber of the Supreme Court of Justice, dated March 28,
2003. Case File No. 99-000506-062PE. Pages 721-728. Annex to petitioner’s submission of July 16, 2007.
267
Annex 127. Submission of motion for review of conviction, dated October 20, 2003. Case File No. 99-000506062PE. Pages 755-768. Annex to petitioner’s submission of July 16, 2007.
268
Annex 127. Decision No. 2004-00357 of the Third Chamber of the Supreme Court of Justice, dated April 16, 2004.
Case File No. 99-000506-062PE. Pages 775-778. Annex to petitioner’s submission of July 16, 2007.
269
Annex 127. Submission of Mr. Vega, dated October 12, 2004. Case File No. 99-000506-062PE. Page 802. Annex to
petitioner’s submission of July 16, 2007.
270
Annex 127. Decision No. 2005-00331 of the Third Chamber of the Supreme Court of Justice, dated April 27, 2005.
Case File No. 99-000506-062PE. Pages 817-820. Annex to petitioner’s submission of July 16, 2007.