(fourth operative paragraph of the Judgment), the State reported the following: a)
regarding the amount owed in interests, the Contentious Administrative and Civil Court of
the Treasury Department approved, by means of a judgment on September 8, 2009, the
payment of legal and moratorium interests to the amount of ¢8.447.457,44 colones, paid to
La Nacion on November 13, 2009, and b) regarding the amount owed in personal costs, the
Contentious Administrative Tribunal, First Section of the Second Circuit of San Jose
approved by means of a resolution on February 23, 2010, the amount of ¢422,372.87
colones, which “is available to [the company] by drawing from the expenses fund that the
State sets aside for this purpose.” Also, it manifested that it has requested the processing of
the corresponding procedures so that said amount be deposited in the bank account of the
company. For the aforementioned, the State considered that “it has fulfilled the obligations
arising from the Judgment of July 2, 2004; therefore, it request[ed that] full compliance
with this issue be declared.”
8.
The representatives informed that “the State has paid in full the amounts that were
owed as compensation […] as well as all outstanding interests and [the] costs, in such a
way that the issues concerning capital in the Judgment can be considered satisfied.”
9.
The Inter-American Commission stated that, “from the available information, it can
be gathered that the total fulfillment of payments for compensation, interests and costs are
still outstanding.”
10.
From the information provided by the parties, the Tribunal concludes that the State
has complied with the obligation to nullify, in every respect, the judgment issued on
November 12, 1999, by the Criminal Court of the First Circuit of San Jose, pursuant to the
fourth operative paragraph of the Judgment, having complied fully with the payment of
interests and costs owed pursuant to the eighteenth paragraph of the Order of the InterAmerican Court of July 9, 2009.
b)
Obligation to bring its domestic legal system into conformity with the
provisions of Article 8(2)(h) of the American Convention
11.
Regarding the obligation to bring its domestic legal system into conformity with the
provisions of Article 8(2)(h) of the American Convention, in conjunction with Article 2,
within a reasonable time period (fifth operative paragraph of the Judgment), Costa Rica
reported that on April 29, 2010, the Legislative Assembly approved Law No. 8.837, “Law for
the Creation of Appeal Proceedings for Judgments, additional amendments to the system of
appeals and implementation of new orality rules in criminal proceedings” (hereinafter also
“Law No. 8.837”), whose text was published on June 9, 2010, in “La Gaceta,” the official
newspaper for the State of Costa Rica. Also, it included a copy of the official publication of
said law, which:
a)
made various amendments to the Code of Criminal Procedure, such as
expanding the judgment appeals system by adding a criminal judgment appeals
proceeding; reforming the review procedure; and, strengthening the principle of
orality in criminal proceedings;