9 case was called and both parties appeared. 20. On November 11, 1994, the Commission submitted to the Court the following documentation concerning the processing of the Genie Lacayo Case before the Military Judge Advocate of Nicaragua: Judgment of June 27, 1994, delivered by the Military Tribunal of First Instance of the Office of the General Advocate of the Sandinista Armed Forces; conclusions of the Military Prosecutor of Instruction; appeal filed by the accuser; a file from the Officer of the General Command of the Sandinista Popular Army separating Army General Humberto Ortega-Saavedra from jurisdictional duties; and an order of July 6, 1994, from the Army General Commander rejecting the appeal on the ground of inadmissibility. 21. On January 12, 1995, the Government presented a brief in which, inter alia, it makes a juridical analysis of the task performed by the Tripartite Commission, composed of representatives of the Government, Cardinal Miguel Obando y Bravo, and the International Support and Verification Commission (CIAV). It added that the purpose of the Tripartite Commission was not germane to the case of Jean-Paul Genie-Lacayo; it had not investigated it because it did not fall within its purview; it had, however, studied the provisions contained in Decree 591, Law on the Organization of the Military Judge Advocate and Military Criminal Procedure, and Decree 600, Provisional Military Criminal Law, and recommended the reform of the legislation. 22. The Court, in its Judgment of January 27, 1995, unanimously disposed of the preliminary objections lodged by Nicaragua in the following terms: 1. Declares that it is competent to hear the instant Case, except regarding the abstract compatibility of Decrees 591 and 600 of Nicaragua with the Inter-American Convention on Human Rights. 2. Rejects the preliminary objections interposed by the Government of Nicaragua, except for the objection relative to the non-exhaustion of internal jurisdictional remedies, which shall be resolved together with the merits of the Case. 3. Considers that the objections of the Government of Nicaragua posed in opposition to the statements in the Inter-American Commission on Human Rights' complaint concerning the mandatory nature of its recommendations are not preliminary objections but rather essential questions on the merits that shall be resolved in due time. 4. Does not consider it appropriate to award court costs and attorneys' fees. 5. Resolves to continue hearing the present Case (Genie Lacayo Case, Preliminary Objections, supra 4, para. 53). 23. By note of March 15, 1995, the Commission presented the list of the following witnesses who should be summoned by the Court to appear at the public hearings on the merits: Raymond Genie-Peñalba, Alicia Duarte-Bojorge, Hernaldo Zúñiga-Montenegro, Humberto Ortega-Saavedra, Joaquín Cuadra-Lacayo, Boanerges Ojeda-Baca, Sidney Lacayo-Guerra, Omar Hallesleven-Acevedo, and Carlos Hurtado-Cabrera. On March 17, 1995, the Government submitted to the Court a brief in which it objected to the appearance of witnesses Sidney Lacayo-Guerra, Omar Hallesleven-Acevedo and Carlos Hurtado-Cabrera on the ground that they did not appear on the list of witnesses submitted in the Commission's petition. On that same day it presented a further brief in which it challenged the following witnesses: Humberto Ortega-Saavedra, because of his role as accused in the investigation into the death of Jean-Paul Genie-Lacayo, and Joaquín Cuadra-Lacayo and Boanerges Ojeda-Baca, in their capacity as members of the tribunals that had heard the Case and because neither was a third party.

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