44
Mr. Mauricio Herrera Ulloa abstained from publishing any further information
regarding Mr. Félix Przedborski. 58
95(w)
On December 3, 1999, the defense attorney representing Mauricio Herrera
Ulloa and the special legal counsel representing Herrera Ulloa and the newspaper “La
Nación” filed a writ of cassation with the Criminal Trial Court of the First Judicial
Circuit of San José seeking nullification of the November 12, 1999 conviction (supra
para. 95(t)) on the grounds of, inter alia, defects in the reasoning of the judgment
due to violation of the rules governing reasoned judgment arrived at freely and on
the basis of admissible evidence. In that writ, the court was asked to nullify the
judgment and to acquit the accused. 59 Mr. Mauricio Herrera Ulloa, “together with Mr.
Fernán Vargas Rohrmoser, as agent for La Nación”, also filed a writ of cassation
separate from the one filed by Mr. Herrera Ulloa’s defense attorney and claiming,
inter alia, “nonobservance of the rules of logical inference” and “lack of
correspondence between charge and judgment.” 60
95(x)
On January 24, 2001, the Third Chamber of the Costa Rican Supreme Court,
composed of Daniel González Alvarez (President), Mario Alberto Houed Vega, Alfonso
Chaves Ramírez, Rodrigo Castro Monge and Carlos Luis Redondo Gutiérrez (alternate
justice), dismissed the writs of cassation filed by the defense attorney for the
personal charged in the criminal complaint and the special legal counsel for the
newspaper “La Nación”, and by Mr. Mauricio Herrera Ulloa and Mr. Fernán Vargas
Rohrmoser, respectively (supra para. 95(w)) With the dismissal of those writs, the
November 12, 1999 conviction became final (supra para. 95(t)). 61
95(y)
The Third Chamber of the Costa Rican Supreme Court that dismissed the
two writs (supra para. 95(x)) was composed of the same justices who decided the
writ of cassation filed by the attorney for Mr. Félix Przedborski in a decision dated
May 7, 1999 (supra para. 95(s)) and ordered nullification of the May 29, 1998
verdict of acquittal 62 (supra para. 95(q)).
58
Cf. testimony of Mauricio Herrera Ulloa given before the Inter-American Court of Human Rights at
the public hearing held on April 30, 2004; official translation of the German book titled “Jürgen Roth” (The
Eminence Gris) by Hoffmann and Campe (file of evidence presented during the public hearing held on April
30 and May 1, 2004, single volume, folios 3468- 3510).
59
Cf. writ of cassation filed by Mr. Fernando Lincoln Guier Esquivel (file of annexes to the
application presented by the Inter-American Commission on Human Rights, volumes II-III, annex 12,
folios 1248-1393); and January 24, 2001 ruling on the writs of cassation. Third Chamber of the Costa
Rican Supreme Court, San José (file of annexes to the application, volume III, annex 12, folio 1397).
60
January 24, 2001 ruling on the writs of cassation. Third Chamber of the Costa Rican Supreme
Court, San José (file of annexes to the application, volume III, annex 12, folios 1396-1399).
61
January 24, 2001 ruling on the writs of cassation. Third Chamber of the Costa Rican Supreme
Court, San José (file of annexes to the application, volume III, annex 12, folios 1395-1424).
62
Judgment No. 000540-99 of May 7, 1999 of the Third Chamber of the Costa Rican Supreme Court
(file on preliminary objections and possible merits, reparations and costs, volume I, annex g to the written
brief of pleadings, motions and evidence of the alleged victims’ representatives, folio 349); and January
24, 2001 ruling on the writs of cassation. Third Chamber of the Costa Rican Supreme Court, San José (file
of annexes to the application, volume III, annex 12, folio 1395).
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