2
I
1.
On January 6, 1994, the Inter-Commission on Human Rights (hereinafter "the
Commission" or "the Inter-American Commission") submitted to this Court a case against
the Republic of Nicaragua (hereinafter "the State", "the Government" or "Nicaragua") which
originated in petition Nº 10.792.
2.
The Court is competent to hear the instant Case. Nicaragua has been a State Party
to the Convention since September 25, 1979, and accepted the compulsory jurisdiction of
the Court on February 12, 1991, in the following terms:
I.
The Government of Nicaragua recognizes as compulsory ipso facto and not requiring special
agreement, the jurisdiction of the Inter-American Court of Human Rights, on all matters relating
to the interpretation or application of the American Convention on Human Rights, "Pact of San
José, Costa Rica", pursuant to Article 62(1) of the Convention.
II.
The Government of Nicaragua, in stating the above, establishes that recognition of the
jurisdiction of the Inter-American Court of Human Rights is indefinite and general on the condition
of reciprocity, subject to the reservation that this recognition of competence applies only to cases
arising out of events subsequent to, and out of acts which began to be committed after, the date
of deposit of this declaration with the Secretary General of the Organization of American States.
3.
On March 21, 1994, the Government submitted another acceptance of specific
jurisdiction in this Case, "only and exclusively under the precise terms of the application
submitted by the Inter-American Commission on Human Rights that appear in the subtitle
‘Purpose of the Application’."
4.
In connection with these two declarations of acceptance of jurisdiction, this Court, in
its Judgment on preliminary objections of January 27, 1995, established the following:
[t]he Court does not feel it necessary to state its position at this time concerning the effect of the
existence of two acts of acceptance of jurisdiction. In principle, in the Commission's "Purpose of
the Application" there appear no demands relative to the violation of the victim's right to life or
to humane treatment, events which occurred prior to Nicaragua's acceptance of jurisdiction.
Consequently, the Court shall limit itself to decide, in due time, on these matters -and in any
event it could not exceed the scope of this matter without the risk of adopting an ultra petita
decision-. In adopting this position, the Court shall not be found to lack jurisdiction, since
Nicaragua has expressly accepted that the Court has jurisdiction over such a matter." (Genie
Lacayo Case, Preliminary Objections, Judgment of January 27, 1995. Series C No. 21, para. 25).
II
5.
On February 15, 1991, the Commission received a petition from the Permanent
Human Rights Commission of Nicaragua, transmitted it to the Government on February 27
of the same year, and requested the appropriate information for determining whether the
domestic legal measures had been exhausted.
6.
On March 13, 1991, the Government informed the Inter-American Commission that
with respect to petition No. 10.792, a Special Commission of Inquiry of the National
Assembly for the Genie Lacayo Case had sought technical advice from the Government of
Venezuela. On August 27, 1991, the Venezuelan investigators delivered their conclusions, in
which they stated that "we point to members of the Escort of General Humberto OrtegaSaavedra, on guard on October 28, 1990 ... as the main suspects in the crime of homicide