38
documents contributed by the parties with respect to the preliminary objections are
also part of the evidence in the instant case (supra para. 68).
92.
The order in question is a juridical consequence of the conviction that the
alleged victims challenge and is part of a proceeding before the inter-American
system for the protection of human rights and cannot be analyzed in isolation.
93.
As for the “material non-existence” of the order in question, the latter was
delivered by one of the State’s own courts; the State cannot be ignorant of it.
94.
Given the foregoing, the Court dismisses the preliminary objection claiming
the “belated introduction” and “material non-existence” of the April 3, 2001 order as
being unfounded and inadmissible.
VIII
PROVEN FACTS
95.
Having examined the documents, the statements of the witnesses, the
opinions of the experts and the pleadings of the Commission, of the alleged victims’
representatives and of the State during the course of the present proceeding, this
Court deems the following facts proven:
With respect to Mr. Mauricio Herrera Ulloa
95(a)
Mr. Mauricio Herrera Ulloa has worked at the “La Nación” newspaper for
twelve years. At the time of the events in the instant case, he was working as a
journalist in the newspaper’s political affairs section. 32
With respect to Mr. Fernán Vargas Rohrmoser
95(b)
Mr. Fernán Vargas Rohrmoser is currently vice chairman of the Board of
Directors and general agent for the newspaper “La Nación”. At the time of the events
in the instant case, Mr. Vargas Rohrmoser was chairman of the Board of Directors
and legal representative of “La Nación.” 33
With respect to the first series of articles that “La Nación” published
32
Cf. testimony of Mr. Mauricio Herrera Ulloa given before the Inter-American Court of Human
Rights during the public hearing held on April 30, 2004; and articles published in the newspaper “La
Nación” (file of annexes to the application, volume I, annex 6, folios 694-698).
33
Cf. testimony of Mr. Fernán Vargas Rohrmoser given before the Inter-American Court of Human
Rights during the public hearing on April 30, 2004; and chapter IX on the civil damages suit in Judgment
Number 1320-99, November 12, 1999 of the Criminal Court of the First Judicial Circuit of San José, Group
Three, San José (file of annexes to the application, volume II, annex 8, folio 1213).
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