217. The conviction judgement No. 680-2007 of July 17, 2007 extended Mr. Martínez’s
pretrial detention for six months, from “August 17, 2007 to February 17, 2008.” 300 In view of
this new extension, on August 28, 2007, Mr. Martínez’s defense counsel filed a writ of habeas
corpus alleging that “the pretrial detention of Jorge Martínez was due to expire on July 17,
2007, but it was extended for 6 months as of August 17, 2007, so that the defendant was
deprived of his liberty for a period of one month without a judicial decision to justify it.” 301 On
September 7, 2007, through decision No. 2007-013057, the Constitutional Chamber declared
the appeal inadmissible, stating that the calculation of the pretrial detention periods
corresponded to a material error, and “therefore, the deprivation of liberty of the defendant
was extended in a timely manner by the competent judicial authority, which is why it is duly
justified in a judicial decision.” 302
218. On January 24, 2008, Mr. Martínez’s defense filed another writ of habeas corpus,
pointing out that although judgment No. 680-2007 ordered the extension of pretrial detention
for six months until February 17, 2008, according to its date of issuance, the six-month term
ended on January 17, 2008. 303 While this appeal was being processed, on January 29, 2008,
the Court of the first Judicial Circuit of San José decided to extend the pretrial detention of
Mr. Martínez for two more months, from January 17 to March 17, 2008. 304
219. Subsequently, through decision No. 2008-01650 of February 1, 2008, the
Constitutional Chamber of the Supreme Court of Justice admitted the writ of habeas corpus,
considering that “the petitioner was detained without any ruling legitimately requiring his
detention,” and therefore ordered the State to pay damages, but without ordering the
detainee’s release (infra para. 374). 305 On April 2, 2008, Mr. Martínez was transferred to the
CAI of San Rafael. 306 On March 30, 2011, Mr. Martínez was placed in the CAI San Agustín in
Heredia. 307 On April 5, 2013, he was released from prison 308 on parole 309 as ordered in
decision No. 191-2013 of the Sentence Execution Court of San José. 310
Cf. Judgment No. 680-2007 of the Trial Court of the First Judicial Circuit of San José, of July 17, 2007
(evidence file, folio 35363).
301
Cf. Habeas corpus filed by Ricardo Barahona Montero with the Constitutional Chamber of the Supreme
Court of Justice, of August 28, 2007 (evidence file, folio 2156).
302
Cf. Decision No. 2007-013057 of the Constitutional Chamber of the Supreme Court of Justice, of
September 7, 2007 (evidence file, folio 2162).
303
Cf. Habeas corpus filed by Ricardo Barahona Montero before the Constitutional Chamber of the Supreme
Court of Justice, of January 24, 2008, (evidence file, folio 2165).
304
Cf. Decision No. 2008-01650 of the Constitutional Chamber of the Supreme Court of Justice, of February
1, 2008 (evidence file, folios 2174 and 2175).
305
Cf. Decision No. 2008-01650 of the Constitutional Chamber of the Supreme Court of Justice, of February
1, 2008 (evidence file, folio 2175).
306
Cf. Notification sent to Jorge Alberto Martínez Meléndez, from CAI San José, of April 2, 2008, (evidence
file, folio 41052).
307
Cf. Motion for amparo filed by SMM against the Director of San Agustín Prison, of June 17, 2012, (evidence
file, folio 41292).
308
Cf. Communication 2-2007 of the General Directorate of Social Adaptation, of April 5, 2013 (evidence
file, folio 41509 Bis).
309
The conditions of his release were: “a: he must present himself [...] at the San José Community Level
Office, which [...] will follow up on the prevention and release plan; b) he must maintain a fixed abode and work,
according to the offer provided […]; c) he must maintain good social, family, personal and work relations; d) he
must provide community or social service of at least 250 hours [...]; e) he is prohibited from leaving the country
and his impediment from doing so is ordered; f) he must indicate to this authority the place where he may receive
summons and appear before any office that requires it […]; g) he must report to the office of the community level
indicated […]; h) in the event that any anomalous situation is reported in relation to his compliance with this
benefit, the precautionary measures established in the Regulation on the Rights and Duties of Persons Deprived
of Liberty will be applied […]. Cf. Decision No. 191-2013 of the Sentence Execution Court of San José, of February
15, 2012 (evidence file, folio 41531 Bis).
310
Cf. Decision No. 191-2013 of the Sentence Execution Court of San José, of February 15, 2012 (evidence
file, folio 41531 Bis).
300
70