VI FACTS 46. In this chapter, the Court will establish the facts that will be considered proved in this case, based on the body of evidence that has been admitted and in keeping with the factual framework established in the Admissibility and Merits Report. In addition, it will refer to the facts described by the parties that explain, clarify or reject that factual framework. The chapter is divided as follows: (A) the criminal proceedings against Scot Cochran; (B) the system of appeals against the criminal judgment and the remedies filed, and (C) relevant legal framework. A. The criminal proceedings against Scot Cochran 47. Thomas Scot Cochran is a citizen of the United States of America.51 Starting in 1999, he entered and left Costa Rica on several occasions.52 At the time of his arrest he was renting an apartment in San José and worked in that city.53 48. On January 18, 2001, the Public Prosecution Service received a complaint against Scot Cochran filed by the National Child Welfare Agency (PANI)54 owing to his alleged participation in activities against the sexual integrity of minors. On March 12 and September 14, 2001, Casa Alianza Internacional (a non-governmental organization that combats child sex abuse) filed additional complaints.55 The Domestic Violence and Sexual Crimes Prosecutor received additional complaints on February 5, 2002.56 49. Based on the complaints received and the evidence gathered,57 a court order was issued at 5:00 p.m. on January 17, 2003,58 ordering the raid and search of Scot Cochran’s residence, and the seizure of any evidence found there. The court order stated that the raid would be conducted that day at 9:00 p.m., because the inquiries made indicated that the criminal activity investigated was carried out during nighttime hours.59 However, this order was subsequently expanded at 8:00 p.m. the same day and then at 10:30 p.m. on January 19, 2003.60 This was because the police authorities who had conducted the investigation advised that, on January 17, Scot Cochran had Cf. Record of preliminary statement before the Special Unit for Sexual Crimes and Domestic Violence of the Public Prosecution Service in San José dated January 20, 2003 (evidence file, folio 927). 51 52 Cf. Statement made before the Inter-American Court by Scot Cochran during the public hearing held on November 9, 2022. 53 Cf. Record of preliminary statement before the Special Unit for Sexual Crimes and Domestic Violence of the Public Prosecution Service in San José dated January 20, 2003 (evidence file, folio 927). 54 Cf. Complaint No. 5068 of the National Child Welfare Agency dated January 18, 2001 (evidence file, folio 7288). 55 Cf. Complaints filed by Casa Alianza Internacional on March 12 and September 14, 2001 (evidence file, folios 7290 and 7291). 56 Cf. Domestic Violence and Sexual Crimes Prosecutor, complaint received at 10:45 a.m. on February 5, 2002, (evidence file, folio 974). Cf. Ruling of the Criminal Court of San José at 5:00 p.m. on January 17, 2003, ordering the raid, search and seizure (evidence file, folio 7293). 57 Cf. Ruling of the Criminal Court of San José at 5:00 p.m. on January 17, 2003, ordering the raid, search and seizure (evidence file, folio 7293). 58 Cf. Ruling of the Criminal Court of San José at 5:00 p.m. on January 17, 2003, ordering the raid, search and seizure (evidence file, folio 7294). 59 60 Cf. Ruling of the Criminal Court of San José at 5:00 p.m. on January 17, 2003, and additional rulings at 8:00 p.m. on January 17, 2003, and at 10:30 p.m. on January 19, 2003 (evidence file, folios 7293 to 7297). 14