3
5.
Costa Rica has been a State Party to the American Convention since April 8,
1970, and accepted the contentious jurisdiction of the Court on July 2, 1980.
Therefore, the Court is competent to hear the instant case, pursuant to Articles 62
and 63(1) of the Convention.
III
PROCEEDING BEFORE THE COMMISSION
6.
On March 1, 2001, Mssrs. Fernando Lincoln Guier Esquivel and Fernán Vargas
Rohrmoser, assisted by Mr. Carlos Ayala Corao, filed a petition with the InterAmerican Commission and a request seeking precautionary measures. The
Commission opened the case that same day, under No. 12,367.
7.
On March 1, 2001, the Commission adopted precautionary measures and
requested the State to stay execution of the November 12, 1999 conviction until
such time as the Commission had examined the case. On March 28, 2001, the
Commission submitted a request to the Court seeking provisional measures on
behalf of Mssrs. Mauricio Herrera Ulloa and Fernán Vargas Rohrmoser (see Chapter
IV below).
8.
On March 30, 2001, the petitioners filed a brief elaborating upon the original
petition.
9.
On December 3, 2001, the Commission approved Admissibility Report No.
128/01, whereby it declared the case admissible.
10.
On December 21, 2001, the Commission placed itself at the disposal of the
parties with a view to arriving at a friendly settlement, pursuant to Article 48(f) of
the American Convention.
11.
On October 10, 2002, the Commission, pursuant to Article 50 of the
Convention, approved Report No. 64/02 wherein it recommended to the State that
it:
1.
Nullify the conviction delivered against Mr. Mauricio Herrera Ulloa and the “La
Nación” Newspaper, represented by Mr. Fernán Vargas Rohrmoser:
1.a.
Remove Mr. Mauricio Herrera Ulloa’s name from the Judiciary’s Record
of Convicted Felons;
1.b.
Vacate the order to remove the link at the “La Nación” Digital website
on the Internet that directs the reader from the surname Przedborski to the
impugned articles and the operative part of the judgment;
1.c.
Make reparation for the harm caused to Mr. Mauricio Herrera Ulloa by
paying the corresponding compensation.
1.d.
Take the measures necessary to prevent a recurrence of these events
in the future.
The Commission transmitted that report to the State and gave Costa Rica two
months to comply with the recommendations contained therein.
12.
On October 28, 2002, the Commission forwarded the above-mentioned report
to the State and gave it two months in which to comply with the recommendations.
13.
On January 28, 2003, the Commission submitted the case to the jurisdiction
of the Court.
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