91
207.
Now therefore,
THE COURT
unanimously
DECLARES:
1.
That the State violated the right to freedom of thought and expression
protected under Article 13 of the American Convention on Human Rights, in relation
to Article 1(1) thereof, to the detriment of Mr. Mauricio Herrera Ulloa, as described
in paragraphs 130, 131, 132, 133 and 135 of the present Judgment.
2.
That the State violated the right to judicial guarantees recognized in Article
8(1) of the American Convention on Human Rights, in relation to Article 1(1) thereof,
and Article 8(2)(h) of the Convention, in relation to articles 1(1) and 2 thereof, to
the detriment of Mr. Mauricio Herrera Ulloa, as described in paragraphs 172, 174,
175 and 167 of the present Judgment.
3.
That this Judgment constitutes per se a form of reparation, as established in
its paragraph 200.
And unanimously
DECIDES THAT:
4.
The State must nullify the November 12, 1999 judgment of the Criminal Court
of the First Judicial Circuit of San José and all the measures it orders, as established
in paragraphs 195 and 204 of the present Judgment.
5.
Within a reasonable period of time, the State must adjust its domestic legal
system to conform to the provisions of Article 8(2)(h) of the American Convention on
Human Rights, in relation to Article 2 thereof, as established in paragraph 198 of the
present Judgment.
The State must pay non-pecuniary damages to Mr. Mauricio Herrera Ulloa in
6.
the amount of US$ 20,000.00 (twenty thousand United States dollars) or the
equivalent in Costa Rican currency, as established in paragraphs 200, 203, 204 and
205 of the present Judgment.
7.
The State must pay Mr. Mauricio Herrera Ulloa the sum of US$ 10,000.00 (ten
thousand United States dollars) or the equivalent in Costa Rican currency, to defray
the expenses of his legal defense in litigating his case before the inter-American
system for the protection of human rights, as established in paragraphs 202, 203,
204 and 205 of the present Judgment.
8.
None of the compensation ordered in operative paragraphs 6 and 7 of this
judgment shall be subject to any tax or levy currently in existence or ordered in the
future, as established in paragraph 204 of the present Judgment.
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