14 IV 42. The first question to be examined in this Case is that concerning the non-exhaustion of domestic remedies, which the Government has raised as a preliminary objection and which this Court decided in its Judgment of January 27, 1995, would be resolved at the same time as the merits of the Case "inasmuch as it relates to the judicial remedies existing in Nicaragua, and their applicability and effectiveness" (supra 22). 43. The Government held that the Commission should not have admitted the petition when it was submitted on February 15, 1991, since the requirement to exhaust domestic remedies established in Article 46(1) of the Convention had not been fulfilled, the criminal case initiated as a result of the youth Genie-Lacayo's death having been in progress at that time. In support of its objection, the Government cited the proceedings in the State's criminal courts, both civil and military, and their abundant incident. It further averred that none of the circumstances provided for in Article 46(2), which would have prevented exhaustion of the remedies, had occurred, nor had there been any unwarranted delay in the administration of justice. 44. The Commission, for its part, asked for this objection be dismissed on the ground that the party invoking the exhaustion of domestic remedies is obliged to specifically identify them to the Commission, and Nicaragua had not done so; in its view, the domestic remedies had indeed been fully exhausted. 45. This Tribunal, in its Judgment on preliminary objections, considered that: [in] the instant Case, the Commission's petition refers to Nicaragua's violation of Articles 8 (Right to a Fair Trial), 25 (Right to Judicial Protection), and 24 (Right to Equal Treatment) of the Convention, "as a result of the Judicial Branch's reluctance to prosecute and punish those responsible and to order the payment of reparations for the damages caused" by the death of Genie-Lacayo. The Court feels that the articles invoked by the Commission refer to the administration of justice and are closely related, as is logical, to the "internal remedies" whose non-exhaustion Nicaragua alleges (Genie Lacayo Case, Preliminary Objections, supra 4, para. 29). 46. At the same time, account should be taken of the fact that the Commission excluded from its petition the violation of young Genie-Lacayo's right to life and right to humane treatment, inasmuch as his death occurred prior to February 12, 1991, the date on which the State accepted the jurisdiction of this Court, so that the merits of the Case are limited exclusively to the consideration of breaches of procedure. 47. The exhaustion of domestic remedies in a strictly procedural case concerns the merits and these refer precisely to the Nicaraguan Judiciary's ineffectiveness in ruling on the investigation and punishment, if appropriate, of the persons responsible for the death of young Genie-Lacayo and on the reparations to which his relatives are entitled. This Court therefore dismisses it on the basis of the evidence contained in the docket. 48. However, the Commission must in all cases pay due attention to Article 46(1)(a) of the Convention whereby it is called upon to take account of the prior exhaustion of domestic remedies as an admissibility requirement which serves, inter alia, to determine the timeliness of the petition submitted to it (Art. 47 of the Convention), subject, of course, and if appropriate, to subsequent review by the Court, which shall be the body that rules on the matter in the last resort. V

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