requirements of extreme gravity and urgency and the prevention of irreparable
damage to persons are met, provisional measures become a genuine jurisdictional
guarantee of a preventive nature.
5.
That the Court, in the order of September 7, 2001 (supra Having Seen 15),
called on the State to adopt the necessary measures to annul the registration of
Mauricio Herrera Ulloa in the Judicial Record of Offenders until the case had been
decided finally by the supervisory organs of the American Convention.
6.
That, owing to existing circumstances, this Court deems it is necessary to
clarify that it adopted provisional measures and ordered the State to annul the
registration of Mr. Herrera Ulloa in the Judicial Record of Offenders, so that the entry
concerning the judgment delivered by the Criminal Trial Court against the above
mentioned journalist would be eliminated from this Record – until the case had been
finally decided by the organs of the inter-American human rights system.
Consequently, when a certification of the criminal record of Mauricio Herrera Ulloa is
requested, it should not contain any entry relating to the facts and acts that gave
rise to these provisional measures.
7.
That the brief presented by the State on December 4, 2001 (supra Having
Seen 20) indicates that the necessary measures to comply with the decisions of this
Court have now been adopted and, consequently, the registration of Mauricio
Herrera Ulloa in the Judicial Record of Offenders has been annulled.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its powers under Article 63(2) of the American Convention on Human
Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To take note of the information contained in the State of Costa Rica’s note of
December 4, 2001.
2.
To call on the State of Costa Rica to continue to apply the provisional
measures ordered by the Inter-American Court of Human Rights in the order of
September 7, 2001, and, in particular, to maintain the annulment of the registration
of Mauricio Herrera Ulloa in the Judicial Record of Offenders.