6
pursuant to operative paragraph No. 9 of the Court’s Judgment. Additionally, they stated
that "the amounts deposited by the State are not enough to cover the costs incurred in
claiming payment in the Costa Rican domestic courts", referring to the proceedings
commenced in view of the State's failure to comply with its legal duty to pay on its own the
amounts it was compelled to pay. The same domestic court order compelled the State to
pay personal and court costs incurred in pursuing the domestic proceedings, which
constitutes an "ancillary obligation inseparable from the Court's Judgment", as such costs
had to be incurred as a result of the State's failure to comply with the Judgment. The
Judgment remains “pending compliance” and the “State still owes eleven million, two
hundred and sixty-eight thousand, nine hundred and forty-one colones with forty cents
(CRC 11,268,941.40), as unpaid interest accrued during eighteen months, calculated at the
basic interest rate of the Central Bank of Costa Rica, which is currently 12%. The State also
owes fees in the amount of six million nine hundred thousand colones (CRC 6,900,000.00),
for collecting in court the sums ordered in the Judgment". The representatives submitted a
pleading on February 5, 2009, in which they claimed for the aforesaid amounts before the
Contentious-Administrative Civil Fiscal Court.
15.
That the Inter-American Commission “positively value[d] the payments made by
Costa Rica to the La Nación newspaper”. Notwithstanding the foregoing, the Commission
considered it would be useful for the State “to make a statement on the representatives’
allegations […] of February 17, 2009 that the payments made fail to fully comply with their
obligation”, so that the Court may decide whether to consider such obligation fulfilled.
16.
That at the private hearing for monitoring compliance the State pointed out that
“indeed, a claim is still pending for some amounts owed as interest and costs" and that "a
court decision is expected ordering payment of such amounts; the amounts [...] do not
represent principal or the initial amounts, but constitute ancillary sums deriving from such
original amounts". The representatives agreed on the fact that the amounts owed are the
result of "engaging in a contentious-administrative proceeding to enforce the Judgment, as
such judgment was not spontaneously complied with [...], which gave rise to additional
procedural complications and caused further costs which could have been avoided if the
Judgment had been complied with simultaneously. For its part, the Commission referred to
its written observations on the above-mentioned differences.
17.
That the Inter-American Court notices that in September and December 2008 the
State deposited the amounts owed in connection with the principal amount owed as a result
of the annulment of the aforementioned judgment and personal costs and current and
default interest (supra Considering clause No. 11).
18.
That the Court notices the difficulties and delays in complying with this reparation
measure. The deadline for complying with this obligation expired six months after the
Judgment was notified, on February 6, 2005, while the State made the aforesaid deposits in
September and December 2008 (supra Considering clause No. 11), that is, more than three
years and seven months, and three years and ten months, respectively, after the expiry of
the term. Additionally, the Court also notices that the State failed to comply on its own with
this reparation measure, so the representatives had to file an action with the domestic
courts. Costa Rica has paid the amount due as principal in connection with the civil damages
award; however, such civil proceeding gave rise to additional costs, expenses and interest,
which had not been fully paid. The State pointed out that it is waiting for a domestic court
decision ordering payment of such amounts. In view of the foregoing, the State in its next