12
witnesses called by the Inter-American Commission on Human Rights:
Sidney Lacayo-Guerra,
Omar Hallesleven-Acevedo,
Carlos Hurtado-Cabrera, and
Boanerges Ojeda-Baca.
The following witnesses called by the Commission did not appear at this hearing, despite the
summons delivered by the Court:
Humberto Ortega-Saavedra, and
Joaquín Cuadra-Lacayo.
36.
On September 5, 1996, the Inter-American Commission presented a brief in which it
reiterated its request made at the public hearing that the Court again summon Mr.
Humberto Ortega-Saavedra and Mr. Joaquín Cuadra-Lacayo. On September 6, 1996, the
Government once more filed a written objection to the request. On that same day the
President of the Court decided that the oral pleadings of the parties based on the evidence
already collected should be heard, reserving the Commission's request to be decided on by
the full Court.
37.
On September 6, October 7 and November 18, 1996, the Government dispatched
copies of the latest documents presented to the Supreme Court of Justice of Nicaragua in
the Genie Lacayo Case, concerning the processing of the as yet unsettled appeal pending
decision and its effects.
38.
On October 3, 1996, the Commission presented the Court with the pleading on the
evidence collected up to that time, in which it stated:
a.
That there was abundant evidence that the purpose of the actions of the
Nicaraguan authorities was precisely to thwart the investigation and guarantee the
impunity of the authors of the crime.
b.
That had there been a serious and impartial investigation, Nicaragua would
have helped to dissipate any doubt as to those State agents' participation in the acts
that motivated the instant Case. Nicaragua, as a State Party to the Convention, was
called upon to organize its legal system to ensure its tribunals provide proper
administration of justice, a goal that cannot be attained if cases are not handled with
all due guarantees and within a reasonable time. It is evident that as of February
1992, when so permitted by the law, the petitioner not only cooperated in the case
but also promoted it, and that it was the authorities' conduct that had prevented the
case from being concluded.
c.
That although Article 243 of Decree 591 governing the Army High Command's
intervention in the administration of justice was not enforced, there is reasonable
doubt as to the impartiality of the system; and that the military prosecutor and the
military courts of first and second instances assessed the value of the evidence in
accordance with the "Sandinista juridical conscience" established in Article 52 of the
aforementioned decree.
d.
That the domestic judicial process far exceeded the average time for judicial
proceedings in Nicaragua in the light of the information supplied by the country's
Attorney-General, and that the many cases left unresolved owing to the Judiciary's