5
judgment.
9.
As stipulated in the Statute of the International Court of Justice and the Rules of the
European Court, pursuant to the general principles of both domestic and international
procedural law, and, in accordance with the criterion of generally accepted doctrine, the
decisive or unappealable character of a judgment is not incompatible with the existence of
the remedy of revision in some special cases.
10.
There are innumerable references in legal writings to the remedy of revision as an
exceptional recourse for preventing a res judicata from maintaining a patently unjust
situation resulting from the discovery of a fact which, had it been known at the time the
judgment was delivered, would have altered its outcome, or which would demonstrate the
existence of a substantive defect in the judgment.
11.
The legal motives envisaged as reasons for the remedy of revision are restrictive in
nature, inasmuch as the remedy is always directed against orders that have acquired the
effect of res judicata, that is, against judgments of a decisive nature or interlocutory
judgments that are passed and put an end to the proceeding.
12.
The application for judicial review must be based on important facts or situations
that were unknown at the time the judgment was delivered. The judgment may therefore
be impugned for exceptional reasons, such as those involving documents the existence of
which was unknown at the time the judgment was delivered; documentary or testimonial
evidence or confessions in a judgment that has acquired the effect of a final judgment and
is later found to be false; when there has been prevarication, bribery, violence, or fraud,
and facts subsequently proven to be false, such as a person having been declared missing
and found to be alive.
IV
13.
The Court now considers whether the request for revision lodged by the Commission
is covered by any of the exceptional reasons that could justify amendment of the ruling of
January 29, 1997.
14.
In the instant case the remedy of revision is based on the fact that:
a.
The judgment of February 12, 1997, delivered by the Supreme Court of
Justice of Nicaragua which did not nullify the judgment of second instance because
no reference had been made to injuries in the application to appear constitutes a
new fact that deprived the victim of prompt, simple and effective recourse for
protection of his rights against the acquittal by the military courts, with the violation