-12a)
nullify the November 12, 1999 judgment of the Criminal Court of the
First Judicial Circuit of San José and all the measures it orders (fourth
operative paragraph of the Judgment of July 2, 2004). The State has not
complied with its obligation to nullify the points of the domestic judgment of
November 12, 1999 referred to in paragraph 195(3) and (7) of the Court’s
Judgment, i.e. it has not nullified the following points: 3) in the civil award,
Mauricio Herrera-Ulloa and newspaper “La Nación,” represented by Fernán
Vargas-Rohrmoser, were held jointly and severally liable and ordered to pay
¢60,000,000.00 (sixty million colones) for the moral damages caused by the
articles carried in “La Nación” on March 19, 20 and 21, 1995 and then again
on December 13, 1995; and 7) Mauricio Herrera-Ulloa and the newspaper “La
Nación,” represented by Fernán Vargas-Rohrmoser, were ordered to pay court
costs in the amount of ¢1,000.00 (on thousand colones) and personal
damages totaling ¢3,810,000.00 (three million eight hundred and ten
thousand colones);
b)
within a reasonable period, adjust its domestic system to conform to
the provisions of Article 8(2)(h) of the American Convention, in relation to
Article 2 thereof (fifth operative paragraph of the Judgment of July 2, 2004);
and
c)
pay interest accrued on the payment of the compensation for nonpecuniary damages and the reimbursement of expenses to Mauricio HerreraUlloa after expiration of the term prescribed in the Judgment (sixth, seventh
and ninth operative paragraphs of the Judgment of July 2, 2004).
21.
That the Court will consider the general status of compliance with the
Judgment on preliminary objections, merits and reparations of July 2, 2004 once it is
provided with the relevant information on the pending reparations.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, and Articles 25(1) and 30 of its Statute and 29(2) of its Rules of Procedure,
DECLARES:
1.
That, in accordance with Considering clauses No. 11 and 19 of this Order, the
State has partially complied with its obligation to nullify the Judgment issued by the
Criminal Court of the First Judicial Circuit of San José on November 12, 1999 (fourth
operative paragraph of the Judgment of July 2, 2004).
2.
That it will keep open the proceeding for monitoring compliance with the
points pending compliance in the instant case, namely:
a)
to nullify the November 12, 1999 judgment of the Criminal Court of
the First Judicial Circuit of San José and all the measures it orders (fourth
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