13
B) TESTIMONIAL AND EXPERT EVIDENCE
66.
At the public hearing held on April 30 and May 1, 2004, the Court heard the
testimony of the witnesses and the opinions of the expert witnesses offered by the
Inter-American Commission on Human Rights, the alleged victims’ representatives
and the State, respectively. The Court will now summarize the relevant parts of
their testimony.
a.
Testimony of Mauricio Herrera Ulloa, alleged victim in the case
Mauricio Herrera Ulloa has worked as a journalist at the newspaper “La
Nación” for twelve years. There he has been an editor of supplements, a
journalist in the political affairs department, and currently works in the
Research Unit.
On May 19, 20 and 21 and December 13, 14, 15 and 16, 1995, he published
seven articles in “La Nación, which made reference to reports published in
four first-rate, prestigious newspapers in Belgium. The reports in concerned
Mr. Félix Przedborski, who at the time was Costa Rica’s Ambassador to the
International Atomic Energy Agency. Mr. Herrera Ulloa was at the time
working in the political section of the “La Nación” newspaper and was
assigned to cover the Ministry of Foreign Affairs and the presidential
residence. The news reported in the Belgian press implicated Mr. Przedborski
in the “biggest financial, political and military scandal in the history” of that
country. The Belgian newspapers linked Mr. Przedborski with “shady, underthe-table deals” in which he allegedly received commissions from the sale of
combat helicopters, a sale that set in motion a chain of events that eventually
led to the assassination of Belgium’s Vice Prime Minister, André Cools. Mr.
Przedborski’s name came up in the midst of the investigation into the matter
in Belgium which allegedly implicated him in a “multi-million dollar fiscal mess
in Germany and Belgium” and various kinds of “illegal trafficking.”
The newspaper “La Nación” and Mr. Herrera Ulloa thought it was entirely
legitimate to inform the Costa Rican public of the reports about Mr.
Przedborski in the European press, since “freedom of information is a twoway street”: on the one hand, every citizen has the right to seek, investigate
and impart information on matters of public interest; on the other hand,
every citizen also has a right to receive that information. Mr. Herrera Ulloa
exercised that two-way right in the articles he published in “La Nación.”
Mr. Mauricio Herrera Ulloa and the newspaper “La Nación” regarded the
contents of the articles published in a number of foreign newspapers as
meeting a public interest; before publishing the articles, they checked the
reliability of the sources and reviewed their facts. This process, which is
routine for any case being reported by “La Nación”, initially consisted of “the
most thorough verification possible” of the sources available to them. They
checked documents and, to confirm the facts and turn up new information,
consulted a number of people who may have had some contact with the
18
Cf. annexes 1 to 6 of the brief of final written pleadings presented by the alleged victims’
representatives and dated May 31, 2004 (file on preliminary objections and possible merits, reparations
and costs, volume V, folios 1614 to 1645).
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