Inter-American Court of Human Rights
Case of Genie-Lacayo v. Nicaragua
Judgment of January 27, 1995
(Preliminary Objections)
In the Genie Lacayo Case,
The Inter-American Court of Human Rights, composed of the following judges:
Héctor Fix-Zamudio, President
Hernán Salgado-Pesantes, Vice President
Rafael Nieto-Navia, Judge
Alejandro Montiel-Argüello, Judge
Máximo Pacheco-Gómez, Judge;
also present:
Manuel E. Ventura-Robles, Secretary, and
Ana María Reina, Deputy Secretary
pursuant to article 31 of the Rules of Procedure (hereinafter "the Rules of Procedure") of the
Inter-American Court of Human Rights (hereinafter "the Court"), delivers the following judgment
on the preliminary objections interposed by the Government of Nicaragua (hereinafter the
"Government" or "Nicaragua") in its submissions and oral arguments at the public hearing.
I
1.
The instant case was submitted to the Court by the Inter-American Commission on Human
Rights (hereinafter the "Commission" or the "Inter-American Commission") on January 6, 1994,
against Nicaragua "for the events that occurred as of July 23, 1991, the date on which the denial
of justice --originating in the action of State agents-- first occurred with the death of Jean Paul
Genie-Lacayo, in the city of Managua, Nicaragua, on October 28, 1990," which gave rise to
Petition Nº 10.792.
2.
As the "PURPOSE OF THE APPLICATION" the Inter-American Commission asks the
Court the following:
1.
That it declare that the Government of the Republic of Nicaragua has violated Articles: 8, right
to a fair trial; 25, right to judicial protection; and 24, right to equal protection, of the Convention, in
relation to Article 1(1) thereof, which establishes the obligation to respect and ensure such rights. These
rights were violated as a result of the Judicial Branch's reluctance to prosecute and punish those