2 d) the execution of the criminal judgment convicting the victims was ordered in a “comminatory, non-postponable[,] executable” manner and “forthwith” by the Criminal Trial Court of the First Judicial Circuit of San José, to be executed within three days of notification, which took place on February 27, 2001; e) in response to a petition received on March 1, 2001, the Commission adopted the following precautionary measures: that the State of Costa Rica (hereinafter “the State” or “Costa Rica”) suspend the execution of the guilty verdict until the Commission had examined the case and adopted a final decision on the merits of the matter, o until the State had adopted the necessary measures to annul the judgment voluntarily; that the State abstain from taking any measure addressed at including the journalist, Mauricio Herrera Ulloa, in the Judicial Record of Offenders of Costa Rica, and that it abstain from executing any other act or action that would affect the right to freedom of expression of the journalist, Mauricio Herrera Ulloa, and the newspaper, La Nación; f) in a decision of March 20, 2001, a remedy filed in order to enforce compliance with the precautionary measures of the Commission was declared inadmissible; g) the situation of the journalist, Mauricio Herrera Ulloa, and of Fernán Vargas Rohrmoser, legal representative of La Nación, has deteriorated since the precautionary measures were ordered and is currently “precarious and of imminent risk”; and that the statements of the different judges who are intervening in the case, disregarding the precautionary measures, lead to the conclusion that the judgment may be executed in any moment and that any decision of the Commission, or eventually of the Inter-American Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”) will be ineffective since “grave, irreparable damage to freedom of expression” will have been perpetrated; in other words, it will not produce any “useful effect”; and h) that the damage to freedom of expression is clear and imminent, not only with regard to the individual freedom of Herrera Ulloa and Vargas Rohrmoser, but to that of the entire Costa Rican society. i) consequently, the Commission requested the Court to adopt forthwith the following provisional measures: 1) that Costa Rica suspend the execution of the condemnatory judgment delivered by the Criminal Trial Court of the First Judicial Circuit of San José on November 12, 1999, until the Commission has examined the case and, in accordance with Article 50 of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), has adopted a final decision on the merits of the matter or, should the case be referred to the Court, the latter has delivered the corresponding judgment; 2) that Costa Rica abstain from executing any action addressed at including the journalist, Mauricio Herrera Ulloa, in the Judicial Register of Offenders of Costa Rica, and

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