5
said judgment, nor would anyone have been caused an irreparable damage. If
the Court does not adopt the measures, the judgment is executed and the
decision on merits concludes that the said judgment violates the Convention,
there will have been an unjustified violation of the human rights of the alleged
victims, because a compensatory indemnification would not provide them with
the restitutio in integrum of the damages that had been caused.
4.
The State’s communication of May 16, 2001, submitted in response to the
decisions in the order of the President (supra having seen 2.1), which indicate:
a)
that the purpose of the Commission’s request is to suspend the effects of
a judgment delivered by an independent Judiciary with absolute respect for the
norms of due process and for the individual and collective rights and freedoms
guaranteed by the Constitution and the human rights conventions;
b)
that, should the Court order provisional measures, this could prejudge
the merits of the matter inasmuch as it is assumed, a priori, that the Court has
competence to hear it. The Court could be advancing too far in a proceeding
that is only just beginning, and would be indicating that this case has merits to
be heard by it;
c)
that, if the provisional measures are accepted, this could legitimate the
use of an extraordinary remedy to annul the execution of a judgment in which
neither the life nor the physical integrity of a person is at stake;
d)
with regard to the extreme gravity, that almost all the Court’s provisional
measures have been ordered in order to protect the life or the physical integrity
of a person. In the instant case, the sanctions imposed by the Costa Rican
criminal court are pecuniary penalties and not burdens that those affected are
unable to assume. The registration of Mauricio Herrera Ulloa in the Judicial
Registry of Offenders could evidently entail certain limitations or difficulties, but
per se does not prevent him from exercising his profession or carrying on his life
in society. The fact of being ordered to publish the operative part of the
judgment and to link it to the disputed texts does not appear to entail a
situation of any gravity or impose a considerable financial burden, but rather it
is part of an exercise that could be deemed normal in the context of the same
right to information alleged by the Commission in its communication requesting
provisional measures. The order to suppress the link in La Nación Digital
between the disputed articles and the last name, Przedborski, does not entail a
situation of extreme gravity for the company, La Nación S.A., but its suspension
could affect Mr. Przedborski’s name;
e)
with regard to the extreme urgency, the urgency of the required measure
is the result of the nature of the situation that motivates it. The Court must
evaluate whether there is a situation of urgency where the right to life or to
physical integrity is being threatened or violated, which are the grounds that
the Court has previously considered in order to call for provisional measures;
and
f)
as for irreparable damage to persons, the possibility of an irreparable
damage that could be caused to the alleged victims is not evident. If the InterAmerican Court eventually decides that the judgment of the Costa Rican
criminal court violated human rights protect by the Convention, Article 63 of