4 Oscar Herdocia, Assistant. II 11. According to the complaint submitted to the Commission on February 15, 1991, at approximately 8:35 in the evening of October 28, 1990, the youth Jean Paul Genie-Lacayo, age 16, resident of the city of Managua, was traveling by car to his home in the Las Colinas subdivision. After having stopped at a restaurant, he took the road to Masaya and between kilometers 7 and 8 he came upon a convoy of vehicles transporting military personnel who, in response to his attempts to pass them, fired their weapons at him. The victim did not die immediately but was abandoned on the highway and died from hypovolemic shock as a consequence of his bleeding. According to investigations, this young man's automobile was machine-gunned with weapons from two or more vehicles and 51 cartridge shells of AK-47 ammunition were found at the site of the events. According to the ballistics report, the automobile had nineteen bullet impacts, all made while the vehicle was moving and only three shots taken at a short distance after it had already stopped. 12. According to the Commission, a deputy commandant of the Nicaraguan National Police, Mauricio Aguilar-Somarriba, who, according to his parents was in charge of the investigation of Genie-Lacayo's death, was killed. The Government denied that this officer had been in charge of the investigation and sent the Court a case file stating that the author of this deed had been sentenced to three years in prison. 13. The Commission maintains in its complaint that agents of the Government, acting in their capacity as public officers, carried out actions that resulted in a denial of justice. It is appropriate to mention that these actions include the disappearance of evidence, the contempt of military witnesses in refusing to appear and depose before the Seventh Judge of the Criminal District of Managua, the failure to process internal proceedings within a reasonable deadline and the application of rules contrary to the purposes and objectives of the Convention (such as Decrees 591 and 600 relative to the Law on the Organization of the Military Judge Advocate and Military Criminal Procedure and the Provisional Military Criminal Law). These actions prevented an impartial investigation that would punish those responsible and compensate the next of kin of the victim. The Commission adds that the events on which the complaint is based began on July 23, 1991, the date on which the Office of the Attorney General of Justice, then the only public criminal action authority, submitted the complaint to the Judicial Branch. 14. By note of February 27, 1991, the Commission transmitted the complaint to the Government and requested that it send the information it considered appropriate and that would make it possible to assess whether the domestic legal measures had been exhausted. 15. On March 13, 1991, the Government informed the Inter-American Commission that with respect to Petition Nº 10.792, a Special Investigative Committee of the National Assembly for the Genie Lacayo Case had applied for technical advice from the Government of Venezuela. 16. On May 29, 1991, the Government sent the Commission a document which included a copy of a note signed on the 23rd of the same month and year by the Vice Minister of the Interior, Dr. José Bernard Pallais-Arana. That note accompanied a report which "contains fundamental aspects on the case under consideration, detailing the action taken by the police, the juridical framework, and the submission of the proceedings to the Office of the Attorney General of Justice." The note further states "that it must be taken into consideration that the remedy of appearing before that Honorable jurisdiction [the Commission] can take place only after the legal measures within the country have been exhausted."

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