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190. With regard to reparations, expenses and costs, the State petitioned the
Court to declare the application filed by the Commission and the written brief of
pleadings, motions and evidence filed by the alleged victims’ representatives to be
unfounded and inadmissible, and pointed out that:
a)
the requested nullification of the effects of the judgment, which would
render the accessory penalties ineffective, is improper and inadmissible;
b)
it is equally inadmissible to nullify all the civil damages awarded
against the newspaper “La Nación”, which is the only party found liable on
some civil and cybernetic issues, while on others it was declared jointly and
severally liable with Mr. Herrera Ulloa;
c)
despite any harm that the listing of Mr. Mauricio Herrera Ulloa in the
Judiciary’s Record of Convicted Felons may have caused to his personal and
“spiritual” condition, he won academic recognitions, studied in Germany and
Spain, won national journalism awards, and did not have to file any request
with any public institution that, by law, had access to the information
contained in the Judiciary’s Record of Convicted Felons because he was
outside the country. Therefore, if there was any harm done to Mr. Mauricio
Herrera Ulloa’s honor or prestige, it had to have been confined to the period
during which he was listed in the Judiciary’s Record of Convicted Felons, i.e.
from March 1 to April 26, 2001; that would be the one, brief period for which
any possible moral damage might be claimed;
d)
the only satisfaction that Mr. Fernán Vargas Rohrmoser could receive
would be in his personal capacity, because it is as an individual that he can
legitimately claim the protection of the inter-American system for the
protection of human rights; therefore, the titles or representations he boasts
“count for nothing, […] it would be an absurdity to award satisfaction to an
individual […] who has not participated through the channels permitted by the
inter-American system for the protection [of human rights]”; and
e)
with regard to the pecuniary claims, Mr. Fernán Vargas Rohrmoser
cannot be compensated for human rights violations he did not suffer, as for
example a violation of freedom of expression; as then Chairman of the Board
of Directors of La Nación and its senior legal counsel and representative, it
would appear that Mr. Vargas Rohrmoser never wrote a “single line;” if that is
the case, one can infer, then, that his right to freedom of expression and
thought could hardly have been violated or denied.
Considerations of the Court
191. As recounted in the preceding chapters, the Court has found that by the
events in this case, the State violated articles 13 and 8(1) of the American
Convention, in relation to articles 1(1) and 2 thereof, to the detriment of Mr.
Mauricio Herrera Ulloa. In its case law, this Court has established that it is a
principle of international law that any violation of an international obligation that has
caused damage creates a new obligation, which is to adequately redress the wrong
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