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“publication of offenses,” criminalized in Article 152 of the Penal Code, are to
be eliminated, especially when the publication is about public officials or
persons who voluntarily expose themselves to public scrutiny; and iii) the
“test of truth” or exceptio veritatis is made to conform to the normal rules for
distribution of the burden of proof and that in public interest cases such as
the instant case, it be the alleged aggrieved party who must prove the alleged
offending party’s mens rea;
g)
they petitioned the Court to order the State to adopt the reforms
needed so that domestic law comports with the Convention on the matter of
judicial guarantees, especially the guarantee of a “full and effective” remedy
against a criminal conviction delivered by a court of first instance, and to
ensure that that the possibilities of judicial remedy be developed beyond the
extraordinary remedy of cassation, with all the limitations inherent therein;
h)
as one measure of satisfaction, the alleged victims’ representatives
asked the Court to order the State to publicly acknowledge the human rights
violations it had committed, to “offer adequate means of satisfaction to Mr.
Mauricio Herrera Ulloa” and to publish the judgment delivered by the InterAmerican Court;
i)
given the “imminence of the impending enforcement of the civil
damages ordered in the November 12, 1999 judgment, should that happen
the State should compensate those whom that ruling found to be jointly and
severally liable, namely Mssrs. Mauricio Herrera Ulloa and Fernán Vargas
Rohrmoser, as well as the newspaper “La Nación”, in the amount of sixty
million colones –which sum should be adjusted to the actual value of the
currency at the time the payment is made- plus the corresponding interest.
The same compensation should be paid as repayment in the event of
enforcement of award for personal damages and court costs ordered in the
amount of three million eight hundred ten thousand colones and one million
colones, respectively;
j)
moral damage has been sustained in the form of the impact that the
human rights violation has had on Mr. Mauricio Herrera Ulloa’s practice of
journalism and the personal effects that he suffered as a result of the
November 12, 1999 conviction, especially given his profession, where “the
journalist’s credibility and personal image are paramount”;
k)
the representatives petitioned the Court to order the State to make
compensation for the moral damage caused to Mr. Herrera Ulloa “by his
prosecution, conviction, and his listing in the Judiciary’s Record of Convicted
Felons”; and
l)
under expenses incurred, they petitioned the Court to order the sum of
US$ 17,849.90 (seventeen thousand eight hundred forty-nine dollars and
ninety cents), which covers transportation, lodging, telephone and meals
during the representatives’ trips to Washington, D.C. and San José; they also
informed the Court that they were not filing a claim for attorneys’ fees.
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