ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
SEPTEMBER 7, 2001
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COSTA RICA
THE “LA NACIÓN” CASE
HAVING SEEN:
1.
The brief that the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed on March 28, 2001,
wherein it submitted a request seeking provisional measures on behalf of Mauricio
Herrera Ulloa, attorney, and Fernán Vargas Rohrmoser, journalist with the Costa
Rican newspaper La Nación. Specifically, the Commission was petitioning the Court
to call upon the State of Costa Rica (hereinafter “the State” or “Costa Rica”) to:
1)
suspend execution of the November 12, 1999 conviction handed down
by the San José First Circuit Criminal Trial Court until such time as the
Commission has examined the case and, pursuant to Article 50 of the
American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”), has arrived at a final decision on the merits of the
case or, should the Court admit the case, until such time as it has delivered
its judgment on the matter;
2)
refrain for taking any action designed to enter the name of journalist
Mauricio Herrera Ulloa in the Costa Rican Judiciary’s Record of Convicted
Felons, and
3)
refrain from taking any measure or action that might infringe the right
to freedom of expression that journalist Mauricio Herrera Ulloa and the
newspaper La Nación enjoy;
The Commission based its request on the following:
a)
journalist Mauricio Herrera Ulloa was convicted on four counts of
varying degrees of libel because of articles he published in the newspaper La
Nación that quoted reports carried in a European newspaper about a
“controversial” Costa Rican Foreign Service official accredited to the
International Atomic Energy Organization, headquartered in Vienna; and
b)
the judgment of the San José First Circuit Criminal Trial Court was: to
order a forty-day fine on each of the four counts, at a rate of two thousand
five hundred colones per day, for a total fine of 160 days which, when the
rule for appearance in court was applied, was reduced to three times the
greatest fine, in other words, a fine of 120 days for a total of three hundred
thousand colones; to find for the plaintiff in the civil damages suit, ordering
Mauricio Herrera Ulloa and the newspaper La Nación, S.A., represented by
Fernán Vargas Rohrmoser, as jointly and severally liable, to pay moral
damages of sixty million colones as compensatory damages for the stories
reported in La Nación on May 19, 20 and 21 and December 13, 1995; to
order that the court’s ruling be published in the newspaper La Nación, in the