48
Consequence of Mr. Mauricio Herrera Ulloa’s actions
95(mm) The events in the instant case altered Mr. Mauricio Herrera Ulloa’s
professional, personal and family circumstances and had an inhibiting effect on his
exercise of the right to free speech in the practice of his profession. 83
With regard to the representations of Mr. Mauricio Herrera Ulloa and Mr. Fernán
Vargas Rohrmoser before the domestic courts and before the inter-American system
for the protection of human rights and their representation expenses
95(nn)
Mr. Mauricio Herrera Ulloa and Mr. Fernán Vargas Rohrmoser were
represented by Mssrs. Fernando Guier Esquivel, Pedro Nikken and Carlos Ayala
Corao, who declined to claim any costs in the form of professional fees in the instant
case, for the professional assistance they provided in the proceedings in this case
before the domestic courts and before the inter-American system for the protection
of human rights. They submitted a number of documents pertaining to expenses for
travel, lodging, telephone and meals that they incurred as a consequence of the trips
they made to Washington and to San José. 84
IX
PRELIMINARY CONSIDERATIONS
96.
Before entering into its examination of the merits of the instant case, the
Court believes some reference should be made to the victim status being claimed for
Mr. Fernán Vargas Rohrmoser.
97.
In its application and in its final written pleadings, the Inter-American
Commission alleged that Mr. Fernán Vargas Rohrmoser was himself a victim
inasmuch as the State had violated the Convention by demanding, in its April 3,
2001 court order, that he comply with the criminal conviction judgment that went
against Mr. Mauricio Herrera Ulloa (supra para. 95(aa)). The representatives of the
alleged victims made the same point in their brief of pleadings, motions and
evidence and in their final written pleadings.
98.
In its brief on preliminary objections, its brief answering the application, and
its comments on the written brief containing pleadings, motions and evidence,
(supra para. 33) the State claimed that Mr. Vargas Rohrmoser ought not to be part
of the litigation, as he was not a victim.
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; sworn testimony of Mrs. Laura Mariela González
Picado given in the presence of a public civil servant on March 11, 2004 (file on preliminary objections
and possible merits, reparations and costs, volume III, folios 1107-1108); and official translation of the
German book titled “Jürgen Roth” (The Eminence Gris) by Hoffmann and Campe (file of evidence
presented during the public hearing held on April 30 and May 1, 2004, single volume, folios 3468-3510).
83
84
Cf. brief of pleadings, motions and evidence filed by the alleged victims’ representatives (file on
preliminary objections and possible merits, reparations and costs, volume I, folio 323); receipts Nos.
132832 and 132983 from Viajes y Turismo Halcón (file on preliminary objections and possible merits,
reparations and costs, volume V, annexes 5 and 6 to the final written pleadings of the alleged victims’
representatives, folio 1643 and 1645); and receipts for lodging, food, telephone calls and airline tickets
(file on preliminary objections and possible merits, reparations and costs, volume I, annex M) to the
written brief of pleadings, motions and evidence filed by the alleged victims’ representatives, folios 383 to
405).
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