12 witnesses called by the Inter-American Commission on Human Rights: Sidney Lacayo-Guerra, Omar Hallesleven-Acevedo, Carlos Hurtado-Cabrera, and Boanerges Ojeda-Baca. The following witnesses called by the Commission did not appear at this hearing, despite the summons delivered by the Court: Humberto Ortega-Saavedra, and Joaquín Cuadra-Lacayo. 36. On September 5, 1996, the Inter-American Commission presented a brief in which it reiterated its request made at the public hearing that the Court again summon Mr. Humberto Ortega-Saavedra and Mr. Joaquín Cuadra-Lacayo. On September 6, 1996, the Government once more filed a written objection to the request. On that same day the President of the Court decided that the oral pleadings of the parties based on the evidence already collected should be heard, reserving the Commission's request to be decided on by the full Court. 37. On September 6, October 7 and November 18, 1996, the Government dispatched copies of the latest documents presented to the Supreme Court of Justice of Nicaragua in the Genie Lacayo Case, concerning the processing of the as yet unsettled appeal pending decision and its effects. 38. On October 3, 1996, the Commission presented the Court with the pleading on the evidence collected up to that time, in which it stated: a. That there was abundant evidence that the purpose of the actions of the Nicaraguan authorities was precisely to thwart the investigation and guarantee the impunity of the authors of the crime. b. That had there been a serious and impartial investigation, Nicaragua would have helped to dissipate any doubt as to those State agents' participation in the acts that motivated the instant Case. Nicaragua, as a State Party to the Convention, was called upon to organize its legal system to ensure its tribunals provide proper administration of justice, a goal that cannot be attained if cases are not handled with all due guarantees and within a reasonable time. It is evident that as of February 1992, when so permitted by the law, the petitioner not only cooperated in the case but also promoted it, and that it was the authorities' conduct that had prevented the case from being concluded. c. That although Article 243 of Decree 591 governing the Army High Command's intervention in the administration of justice was not enforced, there is reasonable doubt as to the impartiality of the system; and that the military prosecutor and the military courts of first and second instances assessed the value of the evidence in accordance with the "Sandinista juridical conscience" established in Article 52 of the aforementioned decree. d. That the domestic judicial process far exceeded the average time for judicial proceedings in Nicaragua in the light of the information supplied by the country's Attorney-General, and that the many cases left unresolved owing to the Judiciary's

Select target paragraph3