-9to secure effective payment of the amount due on account of arrearage interest,”
totaling ¢ 155,799.00 (one hundred and fifty-five thousand, seven hundred and
ninety-nine colones), computed at an arrearage interest rate of 2% p.a. from
February 6, 2005 to August 24, 2005. In its brief of February 28, 2006 (supra Having
Seen clause No. 8) the representatives confirmed that the State has not yet made
payment of such arrearage interest, further indicating that it intentionally failed to
advise the victim of the amount of interest payable, merely informing that “the
payment order was already [ready].” Consequently, it is necessary for the State to
submit updated information on compliance with this obligation.
*
*
*
10.
That, as regards the State’s obligation to nullify the judgment rendered on
November 12, 1999, whereby Mauricio Herrera-Ulloa was criminally convicted, and
all the measures it orders, in its Order of September 12, 2005 (supra Having Seen
clause No. 2), the Court requested the parties to submit information and
observations in order to obtain clear information regarding which of the obligations
defined in the domestic judgment and referred to in paragraph 195 4 of the Court’s
Judgment (supra Having Seen clause No. 1) had actually been nullified. The Court
noted that the ruling of the Criminal Court of the First Judicial Circuit of San José of
August 24, 2004 apparently nullifies the sections of the aforementioned domestic
criminal judgment referred to in paragraphs 195(1), (2), (4), (5), (6) and (8) of the
Court’s Judgment.
11.
That, based on the information supplied by the parties (supra Having Seen
clauses No. 4, 5, 7, 8 and 9), Costa Rica has complied with its obligation to nullify
the measures ordered in the domestic judgment of November 12, 1999 and referred
to in paragraph 195(1), (2), (4), (5), (6) and (8) of the Court’s Judgment.
12.
That in its Judgment of July 2, 2004 (supra Having Seen clause No. 1), the
Court ruled that the State is to nullify the domestic criminal judgment delivered on
November 12, 1999 “and all the measures it ordered, including any involving third
parties.”
The aforementioned paragraph 195 of the Judgment of the Inter-American Court stated that
“[t]he effects of the [domestic] judgment [of November 12, 1999] are as follows: 1) Mr. Mauricio Herrera
Ulloa was declared guilty on four counts of the crime of publishing offenses constituting defamation; 2) the
penalty imposed on Mr. Herrera Ulloa consisted of 40 days’ fine per count, at ¢2,500.00 (two thousand
five hundred colones) a day, for a total of 160 days’ fine. In application of the rule of concurso material
(where a number of related crimes are combined to reduce the penalty that would have been required had
each separate crime carried its own weight) “the fine [wa]s reduced to be three times the maximum
imposed;” in other words, the fine was reduced from 160 to 120 days, for a total of ¢300,000.00 (three
hundred thousand colones); 3) in the civil award, Mr. Mauricio Herrera Ulloa and the newspaper “La
Nación,” represented by Mr. 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; 4) Mr. Mauricio Herrera
Ulloa was ordered to publish the “Now, Therefore” portion of the judgment in the newspaper “La Nación,”
in the section called “El País,” in the same print face used for the articles about which the criminal
complaint was filed; 5) “La Nación” was ordered to take down the link at the La Nación Digital website on
the internet, between the surname Przedborski and the articles about which the criminal complaint was
filed; 6) “La Nación” was ordered to create a link at the La Nación Digital website on the internet between
the articles about which the complaint was filed and the operative part of the judgment; 7) Mr. Mauricio
Herrera Ulloa and the newspaper “La Nación,” represented by Mr. Fernán Vargas Rohrmoser, were ordered
to pay court costs in the amount of ¢1,000.00 (one thousand colones) and personal damages totaling
¢3,810,000.00 (three million eight hundred ten thousand colones); and 8) Mr. Mauricio Herrera Ulloa’s
name was entered into the Judiciary’s Record of Convicted Felons.”
4
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