6 IV 20. The Court will now consider the preliminary objections submitted by the Government (supra para. 6). 21. The first objection is the "lack of jurisdiction of the Inter-American Court of Human Rights," which the Government bases on the Nicaraguan acceptance of the Court's jurisdiction on February 12, 1991 "[s]ubject to the reservation that this recognition of competence applies only to cases arising solely 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 [hereinafter the "OAS"]." This objection states that the events referred to in the application occurred on October 28, 1990, a date that precedes the acceptance of jurisdiction, thus, in accordance with the provisions of Articles 61(1) and 61(2) of the Convention, the Court would not have jurisdiction. The Government accepted "for this case the jurisdiction of the InterAmerican Court of Human Rights only and exclusively under the precise terms of the application submitted by the Inter-American Commission on Human Rights in its subtitle 'Purpose of the Application'," but maintained "the objection of lack of jurisdiction as to events having occurred before February 12, 1991, other than those to which this specific acceptance statement refers." 22. The Inter-American Commission requested that this preliminary objection be rejected since the death of Jean Paul Genie occurred on October 28, 1990; however, the purpose of the application is not limited to the violation of the right to life, which took place before the date of acceptance of the mandatory jurisdiction of the Court by Nicaragua, but rather to the subsequent events which have generated the international responsibility of the State for the violation of the rights to judicial protection and guarantees, equal protection and the duty to adopt domestic legal measures in relationship to the obligation to respect and ensure (Art. 1(1)) the full enjoyment of the rights recognized in Articles 2, 8, 24, and 25 of the American Convention on Human Rights. The Commission feels that the unjustified delay in the administration of justice, the obstruction of the judicial proceedings by agents who acted under the cover of a public function and the application of norms incompatible with the object and purpose of the American Convention occurred after February 12, 1991: they originated on the day in which the judicial proceedings started, that is, July 23, 1991. Consequently, the Commission feels that the Court is competent to examine the matter of lack of diligence in the judicial investigation and the punishment of those responsible. In this same respect, according to the Commission, Nicaragua's reservation to its acceptance of the Court's jurisdiction does not affect the Court's capacity to hear the instant case. 23. The Court understands that Nicaragua's acceptance of jurisdiction as formulated expressly for this case is independent of the declaration of a general nature that it submitted on February 12, 1991, the date of deposit of its declaration before the Secretary General of the OAS. Under the terms of Article 62, States may declare that they accept the jurisdiction of the Court "on all matters . . . or for specific cases . . . concerning the interpretation and application of the provisions of this Convention." 24. Nicaragua has made both declarations subject to conditions, in one case excluding occurrences prior to, or occurrences brought under consideration prior to February 12, 1991, and in the other case with the limitation that jurisdiction applies "only and exclusively under the precise terms" that appear in "the subtitle 'Purpose of the Application'," of the Commission (supra para. 2). 25. The 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

Select target paragraph3