2
State has fully complied with the measures ordered herein.
2.
The Orders of Monitoring Compliance with Judgment issued by the Court on
September 12, 2005 and September 22, 2006. In the latter, the Court held:
[…]
2. That it will continue to monitor compliance with the following issues pending compliance in this case:
a)
to annul the November 12, 1999 judgment of the Criminal Court of the First Judicial
Circuit of San José and all the measures it orders (fourth operative paragraph of the Judgment of
July 2, 2004) […];
(b)
adjust its domestic legal system to the provisions of Article 8(2)(h) of the American
Convention on Human Rights, in relation to Article 2 thereof (fifth operative paragraph of the
Judgment of July 2, 2004); and
(c)
to pay interest accrued on account of the payment of the compensation for nonpecuniary damages and reimbursement of expenses to Mauricio Herrera-Ulloa after expiration of
the term prescribed in the Judgment (sixth, seventh and ninth operative paragraphs of the
Judgment of July 2, 2004).
3.
The communications of March 12, April 11, and December 16, 2008 of the
Secretariat of the Inter-American Court (hereinafter, “the Secretariat”), whereby, pursuant
to the instructions of the Court’s President, the Secretariat requested up-to-date information
on the items pending compliance.
4.
The briefs of January 19, 2007; April 10, May 20 and 23, 2008; and January 29,
2009 and their respective appendixes, whereby the State reported on the status of
compliance with the issues pending compliance.
5.
The briefs of April 23, 2007; May 30 and June 30, 2008; and February 29, 2009,
whereby the victim’s representatives (hereinafter, “the representatives”) put forward their
comments to the State's reports.
6.
The briefs of March 19, 2007; September 23, 2008; and March 4, 2009, through
which the Inter-American Commission on Human Rights (hereinafter, “the Commission” or
"the Inter-American Commission") stated its comments on the information provided by the
State and the representatives’ observations.
7.
The amicus curiae writings and corresponding appendixes submitted by the following
persons: Rafael Antonio Rojas-Madrigal, Geovanny Leiva-Lara, José Armando JiménezCarranga, Benedicto Arauz-Flores, José Ruiz-Pérez, Fernando Herrer-Carranza, Alfonso
Saborio-Corrales, Hugo Umaña-Chaverri, Antonio Sandovalendoza, Andy Waltersayle,
Eliecer Acuñaaniagua and Ángel Aragón-Calderón. On January 21, 2009, some of the
aforesaid persons supported a congressional Bill (Costa Rican Legislative Assembly file No.
17,143) “establishing the motion for appeal, introducing other amendments to the appellate
system and adopting new oral procedure rules in criminal proceedings”.
8.
The Order of the President of the Inter-American Court of June 2, 2009, whereby, in
consultation with the other Judges of the Court, she summoned the parties to a private
hearing to monitor compliance with the judgment.