Dissenting Judge Eduardo Ferrer Mac-Gregor Poisot and Judge Patricia Pérez Goldberg.
Unanimously that:
6.
The State is not responsible for the violation of the right to appeal a judgment
before a higher court established in Article 8(2)(h) of the American Convention on
Human Rights, in relation to the obligations to respect and to ensure rights, and to
adopt domestic legal provisions established in Articles 1(1) and 2 of this instrument, to
the detriment of Scot Cochran, pursuant to paragraphs 130 to 141 of this judgment.
AND ESTABLISHES
unanimously that:
7.
The Secretariat of the Court shall serve notice of this judgment to the Republic
of Costa Rica, the representatives of Scot Cochran, and the Inter-American Commission
on Human Rights.
8.
This case is closed.
DONE, at San José, Costa Rica, on March 10, 2023, in the Spanish language.
Judge Eduardo Ferrer Mac-Gregor Poisot and Judge Patricia Pérez Goldberg advised the
Court of their partially dissenting opinion.
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