3
against the person of the minor Jean-Paul Genie-Lacayo." The Army High Command
maintained that the report "was the result of politically biased investigations; it is
impossible in two weeks to determine the perpetrators of such a complex crime which even
the Nicaraguan police had been unable to solve."
7.
On May 29, 1991, the Government transmitted to the Commission a document which
included a copy of a note signed on May 23 of the same year by the Vice Minister of the
Interior, Dr. José Bernard Pallais-Arana. The note was accompanied by a report "containing
fundamental aspects of the case under consideration, describing the action taken by the
police, the legal framework and the submission of the proceedings to the Office of the
Attorney General." The note further states "that it must be recalled that the remedy of
appearing before that Honorable jurisdiction [the Commission] may be invoked only after
domestic remedies have been exhausted."
The proceeding before the Commission
continued and both the Government and the petitioner kept the Commission informed of the
status of the domestic investigation.
8.
On March 10, 1993, the Commission issued Report No. 2/93, the final section reads
as follows:
VII RECOMMENDATIONS
7.1 It recommend that the Government of Nicaragua punish the material authors, as well as
their accomplices and accessories, for the crime of homicide to the detriment of Jean-Paul GenieLacayo.
7.2 It recommend that the Government of Nicaragua pay fair compensatory damages to the
direct relatives of the victim.
7.3 It recommend that the Government of Nicaragua accept the jurisdiction of the InterAmerican Court of Human Rights in the specific case on which this report is based.
7.4 It request that the Government of Nicaragua inform the Inter-American Commission of
Human Rights within three months of the measures it adopts, in accordance with the
recommendations in paragraphs 7.1, 7.2, and 7.3 concerning the instant case.
7.5 If after three months the case has not been resolved by the Government of Nicaragua, the
Commission shall state its opinion and conclusions on the matter submitted for its consideration
and it shall make a decision regarding the publication of this report, pursuant to Article 51(1) of
the American Convention on Human Rights. Also, the present report shall be transmitted to the
Government of Nicaragua and to the petitioners, who are not at liberty to publish it.
9.
On May 21, 1993, the Government requested that the Commission review Report Nº
2/93. In its request the Government pointed out, inter alia, that "in the case under
consideration, the domestic remedies have not been exhausted." In the same document it
reiterated this view, stating "that precisely because of the fact that the domestic remedies
have not been exhausted and a decision on an appeal is pending ... we also do not know ...
to which judicial procedure this matter must be submitted." This petition was dismissed by
the Commission during its 84th Session. It is stated in the pertinent section of the
Commission's Minutes No. 5 of October 7, 1993, that "[t]he Inter-American Commission
decided to confirm Report No. 2/93 relating to the Case of Jean-Paul Genie-Lacayo and to
submit it to the Inter-American Court of Human Rights."
III
10.
The petition was submitted to the Court on January 6, 1994, and was notified to the
Government by the Secretariat of the Court (hereinafter "the Secretariat"), together with its
attachments, on January 21, 1994, after the President of the Court (hereinafter "the