5
17.
On March 10, 1993, the Commission issued Report Nº 2/93, whose concluding section
reads as follows:
VI.
CONCLUSIONS
6.1
The Government of Nicaragua is responsible for the violation of the right to life, right to
humane treatment, right to a fair trial, right to equal protection and right to judicial protection of Jean
Paul Genie-Lacayo (Articles 4, 5, 8(1), 24 and 25 of the Convention) for events that occurred on
October 28, 1990, in the city of Managua.
6.2
The Government of Nicaragua has not complied with the obligations to respect human rights
and freedoms as guaranteed by Article 1 of the American Convention on Human Rights, to which
Nicaragua is a State Party.
6.3
The Government of Nicaragua has not complied with the duty to adopt internal legal measures
as established in Article 2 of the American Convention on Human Rights, to which Nicaragua is a State
Party.
6.4
Because of the nature of events, this case is not susceptible to a friendly settlement as
described in Article 48(1)(f) of the American Convention on Human Rights.
VII.
RECOMMENDATIONS
7.1
It recommends 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 Genie-Lacayo.
7.2
It recommends that the Government of Nicaragua pay fair compensatory damages to the direct
relatives of the victim.
7.3
It recommends that the Government of Nicaragua accept the jurisdiction of the Inter-American
Court of Human Rights in the specific case on which this report is based.
7.4
It requests that the Government of Nicaragua inform the Inter-American Commission on
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 authorized to make it public.
18.
On May 21, 1993, the Government requested that the Commission reconsider Report Nº 2/93. In its request,
among other things, the Government pointed out that "in the case under consideration, the internal measures have not
been exhausted." In the same document it reiterated this concept by expressing "that precisely because of the fact that the
internal measures have not been exhausted and a decision on an appeal is pending . . . we also do not know . . . to which
judicial procedure this matter has to be referred." This petition was dismissed by the Commission during its 84th Session
where the Report of March 10, 1993 was confirmed and a decision was made, in conformity with Articles 50 and 51 of the
Convention, to submit the case to the consideration of the Court. In the pertinent section of the Commission's Nº 5 Minutes
of October 7, 1993, it is stated that "the Inter-American Commission decided to confirm Report Nº 2/93 relative to the Case
of Jean Paul Genie-Lacayo and to submit it to the Inter-American Court of Human Rights."
III
19.
The competency of the Court to hear the instant case shall be dealt with when the first
preliminary objection interposed by the Government, the "lack of jurisdiction of the InterAmerican Court of Human Rights," is examined.