45
95(z)
On February 21, 2001, the Criminal Trial Court of the First Judicial Circuit of
San José ordered enforcement of the November 12, 1999 conviction, which had
become final (supra para. 95.t). 63
95(aa) On April 3, 2001, the Criminal Court of the First Judicial Circuit of San José
issued an order wherein it dismissed the appeal that the defense attorney for Mr.
Mauricio Herrera Ulloa and the special counsel for the newspaper “La Nación” had
filed seeking simultaneous revocation and nullification; the court ruled for dismissal
“inasmuch as the verdict being challenged [...] was properly substantiated.” In that
same decision, Mr. Mauricio Herrera Ulloa was ordered to issue the “publication
contained and ordered in the final judgment;” the newspaper “La Nación”,
represented by Mr. Fernán Vargas Rohrmoser, was ordered to “remove information
relating to the case from the La Nación Digital website on the internet.” The Court
also warned Mssrs. Herrera Ulloa and Vargas Rohrmoser that if they failed to comply
they could be committing the crime of contempt of authority, provided for in Article
307 of the Penal Code, 64 the penalty for which is imprisonment for fifteen days to
one year. 65
95(bb)
On April 24, 2001, the Criminal Trial Court of the First Judicial Circuit of
San José delivered an order in which it ordered a “stay of enforcement of the
judgment [of November 12, 1999] and of the decisions that followed from it.” 66
95(cc)
To date, Mr. Mauricio Herrera Ulloa has not made any payment related to
enforcement of the judgment delivered against him. 67 “La Nación”, through its legal
representative Mr. Fernán Vargas Rohrmoser, made a court-ordered deposit in the
amount of ¢60,000,000.00 (sixty million colones). 68
With regard to Mr. Herrera Ulloa’s listing in the Judiciary’s Record of Convicted Felons
95(dd)
As a result of the conviction, Mr. Mauricio Herrera Ulloa’s name was
entered into the Judiciary’s Record of Convicted Felons on March 1, 2001 69 (supra
para. 95(t)), pursuant to the Law on the Judiciary’s Record and Archives No. 6723 of
March 10, 1982. Article 7 of that law provides that “Regardless of whether the trial
court has stayed enforcement of the judgment, once the verdict is final it shall send
63
Cf. February 1, 2001 order for enforcement of judgment, delivered by the Criminal Trial Court of
the First Judicial Circuit of San José (file of annexes to the application, volume III, annex 12, folio 1425).
64
Cf. April 3, 2001 decision of the Criminal Trial Court of the First Judicial Circuit of San José (file
on provisional measures in the “La Nación” case, volume I, folio 96).
65
Costa Rican Penal Code (file on preliminary objections and possible merits, reparations and costs,
annex A) to the written brief of pleadings, motions and evidence of the alleged victims’ representatives).
66
Cf. April 24, 2001 order to stay enforcement of the November 12, 1999 judgment of conviction
delivered by the Criminal Trial Court of the First Judicial Circuit of San José (file on provisional measures in
the “La Nación” case, volume I, folio 99).
67
Cf. testimony of Mr. Mauricio Herrera Ulloa before the Inter-American Court of Human Rights at
the public hearing on April 30, 2004.
68
Cf. testimony of Mr. Fernán Vargas Rohrmoser before the Inter-American Court of Human Rights
at the public hearing on April 30, 2004.
69
Cf. communication from the Head of the Department of the Judiciary’s Records and Archives,
dated August 29, 2001 (file on provisional measures in the “La Nación” case, volume II, annex 1 to the
State’s Report of August 31, 2001, folio 422).
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