then that the unlawful activities took place. Lastly, regarding the alleged failure to notify
the right to consular assistance, the Chamber referred back to its ruling of November
30, 2010.106
C.
Relevant legal framework
68.
At the time of the facts, Costa Rica was a party to the Vienna Convention on
Consular Relations, and it was in force in the country.107 Article 36 describes
communication with nationals of sending States as follows:
ARTICLE 36. Communication and contact with nationals of the sending State
1. With a view to facilitating the exercise of consular functions relating to nationals of the sending
State:
(a) consular officers shall be free to communicate with nationals of the sending State and to have
access to them. Nationals of the sending State shall have the same freedom with respect to
communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform
the consular post of the sending State if, within its consular district, a national of that State is
arrested or committed to prison or to custody pending trial or is detained in any other manner.
Any communication addressed to the consular post by the person arrested, in prison, custody or
detention shall be forwarded by the said authorities without delay. The said authorities shall
inform the person concerned without delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison,
custody or detention, to converse and correspond with him and to arrange for his legal
representation.
They shall also have the right to visit any national of the sending State who is in prison, custody
or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall
refrain from taking action on behalf of a national who is in prison, custody or detention if he
expressly opposes such action.
2. The rights referred to in paragraph 1 of this article shall be exercised in conformity with the
laws and regulations of the receiving State, subject to the proviso, however, that the said laws
and regulations must enable full effect to be given to the purposes for which the rights accorded
under this article are intended.
69.
In addition, article VII of the Consular Convention between the United States of
America and Costa Rica (No. 1129),108 in force for Costa Rica as of February 11, 1950,
establishes:
ARTICLE VII
[…]
2 (b) A consular officer shall be informed immediately by the appropriate authorities of the
receiving State when any national of the sending State is confined in prison awaiting trial or
otherwise detained in custody within his consular district by such authorities.
3. A national of the sending State shall have the right at all times to communicate with a
consular officer of the sending State.
70.
At the time of the facts, the requirements and way in which house raids should
be conducted were regulated by the Costa Rican Code of Criminal Procedure. The code
is still in force, but several sections and some norms applicable to this case have been
Cf. Ruling No. 01373-2010 of the Third Chamber of the Supreme Court of Justice of November 30,
2010, deciding the second review procedure. Available at: https://nexuspj.poder-judicial.go.cr/document/
sen-1-0034-504556
106
Vienna Convention on Consular Relations. Un Doc. A/CONF.25/12) (1963) of April 24, 1963. Law 3767
of Costa Rica, published in the gazette on November 9, 1966.
107
Legislative Assembly of Costa Rica, Consular Convention between the United States of America and
Costa Rica in force since February 11, 1950, published in the gazette on February 1, 1950, adopted by Law
1129 of January 25, 1950.
108
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