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incurred to bring the case both to the domestic courts and to international
jurisdiction;
c)
given the special characteristics of this case, measures of nonpecuniary reparations are of particular importance;
d)
the State has an obligation to make financial reparation to journalist
Mauricio Herrera Ulloa and Mr. Vargas Rohrmoser for the damages suffered;
e)
the damnum emergens and lucrum cessans
require special
consideration in the instant case, since there was no way to put a quantum on
those damages at the time the application was filed. The amounts for
damnum emergens and lucrum cessans could only have been determined if
the damages ordered in the judgment of conviction against the property of
Mr. Herrera Ulloa had been enforced at the domestic level;
f)
the moral damage consists on the impact that the violation has had on
his practice of journalism and the personal toll that the conviction took on Mr.
Herrera Ulloa, especially given his profession, where the journalist’s credibility
and personal image are paramount. A journalist’s performance depends on
his credibility; if the crime with which he is charged is somehow related to his
profession, the damage cause to him cannot be redressed like damages that
are essentially monetary in nature. It therefore petitioned the Court to order
the State to redress the moral damage caused to Mr. Herrera Ulloa “by his
prosecution, conviction, and listing in the Judiciary’s Record of Convicted
Felons”;
g)
as one form of restitution and reparation, the Court was asked to order
the State to:
g(1)
vacate the November 12, 1999 conviction delivered by the
Criminal Court of the First Judicial Circuit of San José, and the
judgments that upheld that verdict, “as well as all their subsequent
practical and juridical effects that are detrimental to Mssrs. Mauricio
Herrera Ulloa and Fernán Vargas Rohrmoser”, among them the
February 21, 2000 order to Mr. Fernán Vargas Rohrmoser; the listing
of Mr. Mauricio Herrera Ulloa’s name in the Judiciary’s Record of
Convicted Felons; and the order to take down the link at the “La
Nación Digital” website between the surname Przedborski and the
articles about which the criminal complaint was filed, and to create a
link between those articles and the operative part of the judgment;
g(2)
undertake legislative amendment of those articles of the Costa
Rican Penal code that refer to crimes against honor, to make those
articles conform to international standards on the subject. In other
words, that Costa Rica be required to adopt the measures necessary so
that under the Costa Rican legal system the exercise of the right to
freedom of expression is not unduly restricted by means of its laws on
the crimes of calumny and insult in cases involving publications about
public figures or issues of public interest; create a full and independent
system of courts of second instance for crimes of this type;
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