46
a summary of the verdict to be entered into the Judiciary’s Record.” 70 Article 5 of
that law states a summary of any crime committed with mens rea or intent shall be
entered into the Judiciary’s Record. 71
95(ee)
Article 12 of the Law on the Judiciary’s Record and Archives No. 6723,
provides that “entries in the record” may only be nullified or amended by order of
the sentencing court, or when a judgment delivered on an appeal for review so
orders. 72
95(ff)
On April 26, 2001, the State entered a “notation [...] in the margin by the
entry for the conviction, noting that enforcement of the judgment had been
stayed.” 73
95(gg)
On August 13, 2001, the Office of the Executive Director of the Judiciary’s
Record of Convicted Felons issued a certificate to the effect that no notations had
been entered in the name of Mr. Mauricio Herrera Ulloa 74 and then the following day
issued another in which he mentioned the notations on the November 12, 1999
criminal conviction. 75
95(hh)
On October 3, 2001, the Criminal Trial Court of the First Judicial Circuit of
San José issued an order whereby it ordered that the “stay of enforcement of the
judgment delivered against Mr. Mauricio Herrera Ulloa shall stand until such time as
the Inter-American Court of Human Rights decides” the case once and for all. 76
95(ii)
On December 4, 2001, the Department of the Judiciary’s Record and
Archives acknowledged that the uncertainty to which Mr. Mauricio Herrera Ulloa had
been exposed would not happen again under any circumstances, 77 and issued a
70
Cf. Law on the Judiciary’s Record and Archives No. 6723 (file on provisional measures in the “La
Nación” case, volume I, annex 1 to the State’s report of August 16, 2001, folio 237).
71
Cf. Law on the Judiciary’s Record and Archives Nº 6723 (file on provisional measures in the “La
Nación” case, volume I, annex 1 to the State’s report of August 16, 2001, folio 236).
72
Cf. Law on the Judiciary’s Record and Archives Nº 6723 (file on provisional measures in the “La
Nación” case, volume I, annex 1 to the State’s Report of August 16, 2001, folio 236).
73
Cf. The State’s Report of August 31, 2001 (file on provisional measures in the “La Nación” case,
volume II, folio 417); communication from the Head of the Department of the Judiciary’s Record and
Archives, 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).
74
Cf. Certification from the Judiciary’s Record of Convicted Felons, August 13, 2001 (file on
provisional measures in the “La Nación” case, volume II, annex to the Commission’s comments on the
State’s Report of August 16, 2001, folio 404).
75
Cf. Certification from the Judiciary’s Record of Convicted Felons, August 14, 2001 (file on
provisional measures in the “La Nación” case volume II, annex 6 to the State’s Report of August 16, 2001,
folio 351).
76
Cf. October 5, 2001 communication from the Criminal Trial Court of the First Judicial Circuit of
San José (file on provisional measures in the “La Nación” case, volume II, annex to the State’s Report of
October 5, 2001, folio 458).
77
Cf. the State’s December 4, 2001 observations on the November 30, 2001 brief filed by the
Inter-American Commission on Human Rights (file on provisional measures in the “La Nación” case,
volume II, folio 475).
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