6
Court observes that it is the State’s claim, one not refuted by the Commission, that
the name in question was entered into the record on March 1, 2001, which was prior
to the date on which the request seeking provisional measures was filed with this
Court. This information was supplied to the Court after the public hearing was held;
10.
That the profession that journalists practice is the mass media business. The
practice of professional journalism is indistinguishable from the exercise of freedom
of expression. In fact, the two are inextricably intertwined, for the professional
journalist is not, nor can he be, anything but someone who has decided to exercise
freedom of expression in a continuous, regular and paid manner; 2 and
11.
That entering his name in the Judiciary’s Record of Convicted Felons causes
irreparable damage to the journalist Herrera Ulloa, since it is prejudicial to his
practice of his journalistic profession and poses an imminent threat of irreparable
damage to his to reputation. The fact that this matter involves a journalist someone practicing a profession where credibility is essential to performancecharged with a crime related to the practice of his profession, persuades the Court
that his name should not be entered into any such record until such time as the
bodies of the inter-American system for the protection of human rights have decided
the case, so as to avoid doing damages that are irreparable in nature, as opposed to
other damages that are essentially monetary in nature,
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention and
Article 25 of the Court’s Rules of Procedure,
RESOLVES:
1.
To call upon the State of Costa Rica to adopt forthwith those measures
necessary to suspend the entry of Mauricio Herrera Ulloa’s name in the Judiciary’s
Record of Convicted Felons until such time as the bodies of the inter-American
system for the protection of human rights have arrived at a final decision on his
case.
2.
To call upon the State of Costa Rica to suspend the order for La Nación to
publish the “Now Therefore” portion of the conviction handed down by the San José
First Circuit Criminal Trial Court on November 12, 1999, and to suspend the order to
create a “link” at the La Nación Digital website between the disputed articles and the
operative part of that court ruling.
3.
To call upon the State of Costa Rica to inform the Inter-American Court of
Human Rights, within 30 days of notification of this Order, of the measures it has
taken pursuant to the order, and to call upon the Inter-American Commission on
Human Rights to submit its observations on that report within 30 days of receiving it.
2
Cfr. Compulsory membership in an association prescribed by law for the practice of journalism
(Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13,
1985. Series A No.5, para. 74.