-10-
13.
That, in paragraph 195 of the Judgment of July 2, 2004 (supra Having Seen
clause No. 1), the Court ruled that the State is to nullify, inter alia, the civil award of
non-pecuniary damages jointly and severally payable by Mauricio Herrera-Ulloa and
the “La Nación” newspaper, in the amount of ¢60,000,000.00 (sixty million colones)
for the moral damages caused; and to nullify the award of court costs in the amount
of ¢1,000.00 (one thousand colones) and personal damages in the amount of
¢3,810,000.00 (three million, eight hundred and ten thousand colones) against
Mauricio Herrera-Ulloa and the “La Nación” newspaper. 5
14.
That, based on the information provided to the Court, on June 25, 2004, the
First Civil Large Claims Court of San José enforced the civil damages award and the
award of court costs and personal damages under the domestic criminal judgment of
November 12, 1999. Said civil court endorsed to Przedborski the certificate of
deposit in the amount of ¢63,811,000.00 (sixty three million, eight hundred and
eleven thousand colones) that La Nación had deposited in the context of the civil
enforcement of said domestic judgment.
15.
That both the State (supra Having Seen clauses No. 4, 5 and 7(a)) and the
victim’s representatives (supra Having Seen clause No. 8(a)) have reported to the
Court on the different writs and appeals and the proceeding instituted before the
domestic courts in order to have such money reimbursed to La Nación S.A. As per
the information submitted to the Court, La Nación S.A. has not yet been reimbursed
for the ¢63,811,000.00 (sixty three million, eight hundred and eleven thousand
colones) that it deposited with the First Civil Large Claims Court of San José in the
context of the civil proceeding for the enforcement of the domestic judgment of
November 12, 1999.
16.
That, given the difficulties that have hindered compliance with the obligation
to nullify the civil damages award and the award of court costs and personal
damages made in the domestic criminal judgment of September 12, 1999, the Court
considers it worth noting that, in its Judgment (supra Having Seen clause No. 1), it
ruled that said domestic judgment is in conflict with the American Convention, thus
finding that Costa Rica “must take all necessary judicial, administrative and any
other measures” to nullify and abolish any and all effects of said domestic judgment.
It should be noted that the States Parties’ obligations under the Convention are
binding on all branches of government and organs of the State. Therefore, given that
a State court enforced two of the measures provided for in the aforementioned
domestic judgment, it is the State’s duty to adopt all measures required to comply
with the orders of this Court, which should be done on its own motion and in a period
of six months as from the date of notice of the Judgment of the Court. Accordingly, it
is necessary for the State to submit updated information on compliance with this
specific obligation.
*
*
*
17.
That, as regards the obligation to adjust its domestic legal system to the
provisions of Article 8(2)(h) of the American Convention, in relation to Article 2
5
Aspects of the domestic judgment of November 12, 1999 referred to in paragraph 195(3) and (7)
of the Judgment of the Inter-American Court. Cf. supra note 4.
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