IACHR Assigns Case Concerning Costa Rica to the Inter-American Court of Human Rights

IACHR Assigns Case Concerning Costa Rica to the Inter-American Court of Human Rights
Photo sources: Inter-American Court of Human Rights and CorteIDH https://ilg2.org/2017/03/01/inter-american-court-of-human-rights-condemns-forced-sterilization-in-landmark-judgment/

Bethânia da Silva

International Justice and Human Rights Researcher

Global Human Rights Defence

 

On June 6, 2021, the Inter-American Commission on Human Rights (IACHR) filed the case of Thomas Scot Cochran regarding Costa Rica before the Inter-American Court of Human Rights. The case refers to the international responsibility of the State for the violation of the right to information on consular assistance of Thomas Scot Cochran in the framework of the criminal proceedings against him. Mr. Cochran was arrested at his home in the city of San José on January 20, 2003, and on August 17, 2004, Mr. Cochran was sentenced to 45 years in prison.

At the time of his arrest Mr. Cochran was a citizen of the United States and the day after his arrest, the Criminal Judge sent a letter to the Embassy of the United States in Costa Rica, informing of his decision to issue a six-month preventive detention measure against Mr. Cochran. The IACHR understood that such notification is not sufficient to guarantee the right to information on consular assistance. Moreover, there is no record that, at the beginning of the criminal proceedings or subsequently, the Costa Rican judicial authorities proceeded to inform Mr. Cochran of his right to information on consular assistance. The IACHR concluded that the State of Costa Rica is responsible for the violation of the right to information on consular assistance enshrined in Articles 7(4) and 8(2) of the American Convention in relation to Article 1(1).

 

 

Sources and further reading:

OEA.  IACHR refers case on Costa Rica to the Inter-American Court October, 20, 2021.

https://www.oas.org/en/IACHR/jsForm/?File=/en/iachr/media_center/PReleases/2021/278.asp