-11thereof, within a reasonable period of time, the Court notes that, as far as the
developments in connection with bill No. 15.856, for the enactment of the
“Relaxation of Criminal Cassation Requirements Law” are concerned, on October 4,
2005 such bill was approved upon the favorable unanimous opinion of the Permanent
Commission on Legal Affairs of the Legislative Assembly (supra Having Seen clause
No. 7(b)). Moreover, the Inter-American Commission stated that said bill “does, to a
certain extent, relax [said remedy]” to bring it in line with Article 8(2)(h) of the
American Convention, and that it is a part of a “process for compliance ‘within a
reasonable time period’ that is to be monitored by the Court” (supra Having Seen
clause No. 9). The victim’s representatives’ view is that the State has not complied
with this obligation; they noted that the bill has not been voted on by the Legislative
Assembly en bloc, and expressed their concern in connection with the provisions of
the second temporary article of the bill (supra Having Seen clause No. 8).
18.
That, in order to assess whether the adjustment of the domestic laws is
taking place within a reasonable period of time, the Court has deemed it necessary
for Costa Rica to provide updated information on any domestic measures adopted
therefor, including developments in connection with the enactment of the bill into a
law and the administrative and any other measures it may have adopted in that
regard. On this subject, the Court considers it worth noting that about two years
have elapsed since the State was notified of the Judgment, and pointing out that
such adjustment to conform to the Convention is particularly important at the Costa
Rican legal level.
*
*
*
19.
That the Court has verified Costa Rica’s partial compliance with its obligation
to nullify the judgment rendered on November 12, 1999 by the Criminal Court of the
First Judicial Circuit of San José (fourth operative paragraph of the Judgment of July
2, 2004). The State has complied with its obligation to nullify those effects of the
domestic judgment of November 12, 1999 that were referred to in paragraph
195(1), (2), (4), (5), (6) and (8) of the Court’s Judgment; this means that it has
nullified the following effects: 1) Mauricio Herrera-Ulloa was declared guilty on four
counts of the crime of publishing offenses constituting defamation; 2) the penalty
imposed on Mauricio Herrera-Ulloa of 120 days’ fine, for a total of ¢300,000.00
(three hundred thousand colones); 4) 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; and 8)
Mauricio Herrera-Ulloa’s name was entered into the Judiciary’s Record of Convicted
Felons.
20.
That it is the Court’s view that it is essential for the State to provide it with
up-to-date information on the following aspects, compliance with which is still
pending:
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