3 should be remedied by the Supreme Court of Justice of Nicaragua. It further invokes the remedy whereby, in the light of that judgment, the Inter-American Court may examine the Judiciary's possible ineffectiveness to rule on the investigation and punishment of those responsible for the death of Mr. Jean Paul Genie-Lacayo (paras. 47, 94 and 96). b. That on February 12, 1997, the Supreme Court of Justice of Nicaragua rendered a judgment in which it dismissed the application for judicial review filed against the "decision" that acquitted the defendants in the Genie Lacayo case, on the ground that the application to appear did not specify any injuries as it is required to do by Nicaragua's Law of Military Procedure, but, instead, the Supreme Court of Justice of Nicaragua's was asked to grant a period for those injuries to be specified, pursuant to the Law of Judicial Review in Criminal Matters. c. That in the appeal filed in the Supreme Court of Justice of Nicaragua the rules of ordinary procedure were applied as "a conscious strategy" to determine whether it would apply those ordinary rules to the appeal or whether it would employ rules of military procedure. However, the Supreme Court followed the military procedure for disposing of the appeal, arguing that "since there was not manifestation of injuries that contradict [the] grounds [of the judgment appealed, it] simply calls for confirmation." As stated in the brief submitted to the Inter-American Court, this action "breache[s] the requirement of effective recourse provided in the Convention." d. That while Decree 591 makes provision for the remedy of judicial review, its scope is limited by Article 247(3) which states that the Supreme Court of Justice "may not alter the situation of the person who has been acquitted of a crime." Consequently, according to the Inter-American Commission, judicial review in the military proceedings is only "useful when the defendant has been convicted." The request for revision submitted to this Court further states that no Court, national or international, dares to render a judgment on the substance of the matter: the crime. The State of Nicaragua, with the Supreme Court's judgment of February 12, 1997, coming after the Judgment of the Inter-American Court, violates the following articles of the Convention: 25 (Right to Judicial Protection), 25(1) and 25(2); 24 (Right to Equal Protection) and 2 (Domestic Legal Effects... "to give effect to such rights"). The judicial procedure adopted by the Supreme Court constitutes a denial of justice. It further states that the judgment constituted a new juridical act, one that is decisive and was unknown to the Inter-American Court at the time it delivered its Judgment of January 29, 1997. e. That although Nicaragua claims that it has brought its legislation into line with the American Convention when it amended Article 18 of Decree 591 with the promulgation of Law 181 of August 29, 1994, the military legislation applied by the Supreme Court of Justice of Nicaragua in the Genie Lacayo case remained in force, it having been excluded from the application of the new provisions; Articles 2 and 24 of the American Convention were therefore violated. f. That the remedy of revision is established in the Statute of the International Court of Justice and has been applied by the arbitration tribunals and permanent courts. Further, that remedy exists in the proceedings before the Inter-American

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