2
situation and, in particular, about the harm that would result, should the judgment
delivered by the Criminal Trial Court of the First Judicial Circuit of San José, Costa
Rica, on November 12, 1999, be executed.
2.
That the State did not object to Mr. Herrera Ulloa testifying.
3.
That, according to the statements of the State and the Commission, Mr.
Herrera Ulloa is one of the alleged victims in the case; the Court therefore agrees
that he may testify as a witness, in the understanding that this testimony must be
limited to the subject of the hearing convened by the President (supra having seen
2).
4.
That the fact that a person has a direct interest in the result of a case or may
have taken part in the proceeding before the Commission is not per se a factor that
prevents him from making a statement before the Court, which, in its practice, has
even admitted the testimony of the victim and his next of kin (ICourtHR, Loayza
Tamayo case. Judgment of September 17, 1997. Series C No. 33; ICourtHR, Castillo
Páez case. Judgment of November 3, 1997. Series C No. 34; ICourtHR, Suárez
Rosero case. Judgment of November 12, 1997. Series C No. 35; ICourtHR, Blake
case. Judgment of January 24, 1998. Series C No. 36; ICourtHR, Paniagua Morales
et al. case. Judgment of March 8, 1998. Series C No. 37; ICourtHR, Villagrán
Morales et al. case. Judgment of November 19, 1999. Series C No. 63) 1.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with Article 63.2 of the American Convention on Human Rights and
Articles 25 and 45 of the Rules of Procedure of the Court,
DECIDES:
1.
To summon Mauricio Herrera Ulloa to appear before the Inter-American Court
of Human Rights to give testimony at 10.00 a.m. on May 22, 2001.
2.
That the testimony must be limited exclusively to what has been indicated in
the fourth considering paragraph of the order of the President of the Court of April 6,
2001; that is, to the gravity and urgency of the situation and the probability of
irreparable damage that could be caused to the witness.
Antônio A. Cançado Trindade
President
1
This Court has followed the same practice at the reparations stage (ICourtHR, Loayza Tamayo
case. Reparations (Article 63.1 American Convention on Human Rights). Judgment of November 27,
1998. Series C No. 42; ICourtHR, Suárez Rosero case. Reparations (Article 63.1 American Convention on
Human Rights). Judgment of January 20, 1999. Series C No. 44).