-2-
8.
None of the compensation ordered in operative paragraphs 6 and 7 of th[e]
judgment shall be subject to any tax or levy currently in existence of ordered in the
future, as established in paragraph 204 of the […] Judgment.
9.
Should the State fall into arrears, it shall pay interest on the amount owed,
which will be the banking arrearage interest rate in effect in Costa Rica, under the terms
specified in paragraphs 203 and 204 of the […] Judgment.
[…]
11.
The State must comply with the measures of reparation and reimbursement of
expenses ordered in operative paragraphs 4, 6 and 7 of the […] Judgment, within six
months of the date of notification of the […] Judgment.
12.
Within six months of the date of notification of th[e] Judgment, the State shall
submit a report to the Court on the measures taken to comply with the […] Judgment,
as established in paragraph 206 thereof.
13.
The Court will oversee compliance with th[e] Judgment and will close the
present case once the State has fully complied with the measures ordered herein.
2.
The Order on compliance with the Judgment, delivered by the Court on
September 12, 2005, whereby it unanimously:
DECLAR[ED]:
1.
That, pursuant to Considering clause No. 9 of the […] Order, the State has
partially complied with its obligations to pay non pecuniary damages and reimburse
court costs and expenses (sixth and seventh operative paragraphs of the Judgment of
July 2, 2004).
2.
That it will keep open the proceeding for monitoring compliance with those
obligations that are still pending fulfillment 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, as
established in paragraphs 195 and 204 of the […] Judgment of the InterAmerican Court (fourth operative paragraph of the Judgment of July 2, 2004);
b)
to adjust its domestic legal system to conform to the provisions of
Article 8(2)(h) of the American Convention on Human Rights, in relation to
Article 2 thereof (fifth operative paragraph of the Judgment of July 2, 2004);
c)
to pay non-pecuniary damages to Mauricio Herrera-Ulloa in the
amount of US$ 20,000.00 (twenty thousand United States dollars) or the
equivalent in Costa Rican currency, as established in paragraphs 200, 203, 204
and 205 of the […] Judgment (sixth operative paragraph of the Judgment of
July 2, 2004); and
d)
to pay the sum of US$ 10,000.00 (ten thousand United States dollars)
or the equivalent in Costa Rican currency to Mauricio Herrera-Ulloa, to defray
the expenses of his legal defense in litigating this case before the InterAmerican system for the protection of human rights, as established in
paragraphs 202, 203, 204 and 205 of the […] Judgment (seventh operative
paragraph of the Judgment of July 2, 2004).
[AND] DECIDE[D]:
1.
To call upon the State to adopt such measures as may be necessary to
promptly and effectively comply with the pending aspects ordered by the Court in the
Judgment on preliminary objections, merits and reparations, pursuant to Article 68(1) of
the American Convention on Human Rights.
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