18
Nicaragua and in that capacity was responsible for the National Police. He explained to the
Court the role that the Police Force, which fell within his purview, played in the investigation
of misdemeanors conducted under the National Police Chief. In the Ministry the case came
under the direct supervision of Vice Minister José Pallais and, in order to expedite the
investigations, the Police appointed Colonel Javier López to act as liaison officer, while the
Army appointed Colonel Hallesleven. He understood that the Police had the opportunity to
review all the files held at Unit 003 on the basis of the oral reports supplied to it. In the
witness' view, the Police acted autonomously.
66.
The file contained, in addition to the witnesses' statements, copies of the files of the
cases tried in the civil courts, in the military courts and in the Supreme Court of Justice.
VII
67.
The Court now determines the relevant facts which it deems to have been proven or
not proven, as follows:
68.
It has been proven that the Nicaraguan military authorities obstructed, or failed to
cooperate adequately in, the investigations conducted by the Attorney-General's Office and
with the Seventh Judge of the Criminal District of Managua in which the preliminary
proceedings took place; a number of problems were encountered in the procurement of
evidence needed for the due processing of the case (letter of February 7, 1992, from
Ricardo Wheelock, Chief of Public Relations of the Sandinista Popular Army; letter of April
24, 1992, from General Joaquín Cuadra-Lacayo; letter of January 21, 1992, from the
Seventh Court of the Criminal District to the President of Nicaragua; notes of June 18,
1992, to the Minister of the Interior and the Chief of Public Relations of the Sandinista
Popular Army and records of that Office of March 3 and April 7, 1992; notes from the
Attorney-General of January 20, February 26, March 25, April 30, May 11, June 8 and 15,
and July 1, 1992; note from Sidney Lacayo-Guerra of May 4, 1994; Record of the On-site
Inspection of Unit 003 of June 2, 1992; testimony of the Attorney-General Alicia DuarteBojorge, the Seventh Court of the Criminal District, Boanerges Ojeda-Baca, and Raymond
Genie-Peñalba).
69.
It has been proven that the judicial investigations were extensive and the evidence
copious, justifying the fact that the early stages were more protracted than other cases
unlike the Genie Lacayo Case (letters of August 16, 1991, and July 1, 1992, from the
Attorney-General to the Seventh Court of the Criminal District, and testimony of AttorneyGeneral Alicia Duarte-Bojorge and the Judge of the Seventh Court of the Criminal District,
Boanerges Ojeda-Baca).
70.
It has been proven that the victim's father was prevented by law from originally
participating in the proceeding, but that he was able to do so when the law was amended.
It has neither been proven that his representations were obstructed nor that they caused
unnecessary delays (Decree 1130, Law of Criminal Procedural Reform, Law 37, Law of
Criminal Procedural Reform, Law 124, Law of Criminal Procedural Reform, document of
September 4, 1991, from the Seventh Court of the Criminal District of Managua; letter of
September 19, 1991, from the Attorney-General; briefs containing Mr. Raymond GeniePeñalba representations; accusation of July 6, 1992; briefs containing the injuries suffered;
appeal of July 6, 1992; application for judicial review of November 9, 1992; incident of
disqualification of February 25, 1994; appeal of disqualification of June 20, 1994; incident of
substantial nullity of February 7, 1994; incidents of annulment of notification of June 28,
1994; of appeal of July 1, 1994, and of judicial review of August 29, 1994; and briefs on the
various incidents of the proceeding -in the civil and military courts- concerning expert