10
24.
By Order of May 18, 1995, the Court decided to continue to hear the merits of the
Case with the composition of the Court that had delivered the Judgment on preliminary
objections.
25.
By Order of June 30, 1995, the President of the Court convened public hearings on
November 27 and 28 of that year to hear the comments of the parties on the objection to
the witnesses and their appearance in the proceedings, and to take the statements of
witnesses Raymond Genie-Peñalba, Alicia Duarte-Bojorge and Hernaldo Zuñiga-Montenegro.
26.
On November 27, 1995, Nicaragua presented, as part of the last judicial proceedings
as of that date in the Genie Lacayo Case, a brief from Mr. Raymond Genie-Peñalba in which
he maintained the admissibility of the appeal in process, together with briefs from two
judges of the Supreme Court of Justice of Nicaragua disqualifying themselves from hearing
the Case on the ground that they had participated in it at an earlier stage.
27.
On November 27, 1995, the Commission presented two notes accrediting Mr. Ariel
Dulitzky as its Assistant for the hearings to be held on that day and the next. The
Government's Agent objected to the accreditation as time-barred. On that same day the
Court decided to reject the accreditation because "it is important [for a party] to be
informed of the names of the persons who would represent the adversary and the capacity
in which they do so, if it is to adequately prepare its defense."
28.
On November 27, 1995, the Court held a public hearing to listen to the pleadings of
the Government and the Commission on the objection to the appearance, and the
impugnment of witnesses. On November 28, the Court decided "to dismiss the objection
filed by the Government of Nicaragua [supra 23] to the aforesaid witnesses and their
appearance, reserving the right to assess the value of their statements at a later date" and
authorized the President to convene a public hearing to take their evidence.
29.
The Court heard the statements of the witnesses at a public hearing on November
28, 1995.
There appeared before the Court,
for the Government of Nicaragua:
José Antonio Tijerino-Medrano, Agent
Marco Monroy-Cabra, Adviser, and
Víctor Manuel Ordóñez, Assistant;
for the Inter-American Commission on Human Rights:
Leo Valladares, Delegate,
Milton Castillo, Attorney,
Oscar Herdocia, Assistant,
Daniel Oliva, Assistant, and
José Miguel Vivanco, Assistant;
witnesses called by the Inter-American Commission on Human Rights:
Raymond Genie-Peñalba,
Alicia Duarte-Bojorge, and
Hernaldo Zúñiga-Montenegro.