4
deems pertinent within the 24-hour period following actual receipt of that
transmission”;
14.
The State’s August 31, 2001 filing, wherein it presented the report requested
by the Secretariat on August 28, 2001 (supra, paragraph 12 under Having Seen:)
and which stated that:
[b]y an unfortunate internal administrative error made when preparing [the certification
requested by Mr. Mauricio Herrera Ulloa for employment purposes], the notation states
that there are no entries in [that gentleman’s] name; the correct certification is the one
issued by the Office of the Attorney General of the Nation.
… no measure has been taken here that could be prejudicial to either MAURICIO
HERRERA ULLOA or to the Office of the Attorney General, as […] this was an internal
administrative error uncommon for this office.
… MAURICIO HERRERA ULLOA’s conviction by the San José First Circuit Criminal Trial
Court was duly entered into the record on March 1, 2001, and the notation ordering that
execution of the judgment and orders be suspended pursuant to the Order of the InterAmerican Court, was entered on April 26, 2001.
15.
The Secretariat’s August 31, 2001 note where, in accordance with the Court’s
instructions, it gave the Commission until September 1, 2001 to present its
observations on the State’s August 31, 2001 report.
16.
The Commission’s brief of September 1, 2001, wherein it presented its
observations on the State’s August 31, 2001 brief. In summation, it stated that:
a)
that contradiction by the State itself points up the insecurity and lack
of legal certainty that Mauricio Herrera Ulloa is experiencing, which is
justification for the provisional measures the Commission seeks; and
b)
for Costa Rica even to suggest that this Court settle the matter of an
egregious contradiction between two finalized State documents on the
strength of its argument that one of the two was supposedly not “valid”
because of an internal administrative error committed by no less than the
highest authority within the Judiciary Criminal Records Office, is itself an
infringement of Mauricio Herrera Ulloa’s right of self defense and to due
process of law, upheld in the American Convention, and
CONSIDERING:
1.
That Costa Rica has been a State Party to the American Convention since
April 8, 1970, and recognized the binding jurisdiction of the Court on July 2, 1980;
2.
That Article 63(2) of the Convention provides that:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet
submitted to the Court, it may act at the request of the Commission.
3.
That Article 25(1) of the Court’s Rules of Procedure stipulates the following in
this regard: