ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS *
OF SEPTEMBER 22, 2006
CASE OF HERRERA-ULLOA V. COSTA RICA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations and costs
(hereinafter “the Judgment”) delivered by the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) on July 2, 2004, in which it
unanimously:
DECLAR[ED]:
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 […] 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 […] Judgment.
3.
That [the] Judgment constitutes per se a form of reparation, as established in
its paragraph 200.
[…]
[AND] DECIDE[D] 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 […] 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 […]
Judgment.
6.
The State must pay non-pecuniary damages to Mr. Mauricio Herrera Ulloa in 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 […]
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 this case before the Inter-American system for
the protection of human rights, as established in paragraphs 202, 203, 204 and 205 of
the […] Judgment.
*
Judge Oliver Jackman did not take part in the deliberations on and signing of this Order as he
advised the Court that, for reasons beyond his control, he would be unable to be present at the Seventysecond Regular Session of the Court.
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