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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents