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from the first series and one from the second series- was that they all made
reference to the Belgian newspapers, whereas the articles not challenged in
court did not. These articles were “completely separate investigative reporting
in Costa Rica,” and hence reproduced nothing of what was being reported in
Belgium.
Mr. Herrera Ulloa’s articles appeared in the midst of a national dialogue on
Costa Rica’s foreign service, brought on by a number of scandals involving
other Costa Rican honorary diplomats. The situation was so disturbing that
even the Ministry of Foreign Affairs organized a special fact-finding group to
look into what was happening in the foreign service. As a result of that
investigation, a number of honorary diplomats had their appointments
revoked.
As a consequence of the articles he published, Mr. Herrera Ulloa was named
in two criminal complaints and had to “suffer” eight years of proceedings in
the Costa Rican courts. He had to endure an inquisitorial proceeding in which
the judges acquitted him on the grounds that his reporting was truthful and
he had acted responsibly and diligently. But Mr. Przedborski appealed this
judgment with the Third Chamber of the Supreme Court of Costa Rica, which
vacated the acquittal and ordered that the case be retried by a new bench.
In that second trial, which lasted a month and a half, Mr. Herrera Ulloa was
subjected to “16 hours of questioning” by the judges and was found guilty on
the grounds that he had acted with malicious intent. Mr. Herrera Ulloa
appealed his conviction, but the appeal was denied by the Third Chamber of
the Costa Rican Supreme Court. The justices who reviewed the appeal of the
conviction were the very same justices who had nullified the verdict of
acquittal, and had thus already formed an opinion on the case. They upheld
the conviction and Mr. Herrera Ulloa’s name was entered into the Judiciary’s
Record of Convicted Felons, available to local governments, the police, rural
constabularies and gendarmerie, the General Bureau of Migration, etc. While
the listing of his name in the Judiciary’s Record of Convicted Felons was
widely reported and publicized, not so his “delisting.”
The criminal proceedings and the listing of his name in the Judiciary’s Record
of Convicted Felons caused the witness grievous harm professionally and left
him with an unrelenting sense of insecurity and dread about the
consequences and results that the process as a whole would have for himself
personally, his career and his family. All this took a “tremendous, terrible,
devastating” toll on his practice of journalism, not just the conviction but the
entire process itself that depicted and treated him as a criminal. For a
journalist “the trial itself is a punishment; it is a public discrediting of one’s
adherence” to professional standards. Since his conviction, he has been
profoundly disgraced, so much so that every time he does an interview with a
public figure who is associated with any kind of controversy, he always hears
the refrain, “Oh, you’re the convicted journalist.” He often hears warnings like
“Careful, you could wind up in court again.” For Mauricio Herrera Ulloa, all
this is like walking around with a brand on his forehead reading ‘convicted or
libelous journalist’.” Career-wise, the criminal proceedings have forced Mr.
Herrera Ulloa to turn down job offers outside Costa Rica and to interrupt his
studies. He has also been forced to temporarily stop working at “La Nación”.
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