6 e. The Assistant Attorney-General Alicia Duarte-Bojorge, declared that she had had great difficulty in making the following witnesses appear in court: Plutarco Fletes, Alberto Torres, Santiago Gámez, Orlando Bolaños and First Lieutenant Mendoza-Mayrena, serving at Military Unit 003; Lieutenant José Francisco Valenzuela, Lieutenant Colonel Bosco Centeno and First Lieutenant Noel PradoGutiérrez stationed at other military units, and Freddy Rafael Maltez and Lieutenant Emilio Rodríguez, Captain Marín-Arias, Yader Urbina, Efraín García and Lorenzo Martín-Romero from the Defense Information Department. Accordingly, she requested the Seventh Court of the Criminal District to appeal to General Joaquín Cuadra, Chief of Staff of the Sandinista People's Army, to order them to appear. On March 3, 1992, the judge informed General Cuadra of the order, informing him of it again on April 10, 1992. The Assistant Attorney-General requested the Seventh Court of the Criminal District to dispatch an explanatory brief to the Supreme Court of Justice informing it of the refusal of the witnesses, "who were protected by the military arbitrament." The following considerations were also mentioned in the request: a. That the denial of justice was linked to the lack of access to domestic remedies, inasmuch as any State Party to the Convention is obliged to facilitate access to recourse against acts that violate a person's fundamental rights and that failure to do so would constitute an exception to the rule of exhaustion of remedies. That it is clear that the injured party has not enjoyed that right and that the State was therefore responsible. b. That the Genie-Lacayo family had not been afforded effective remedies, that is, remedies capable of producing the results for which they were created; since the right to life was violated, the appropriate judicial remedy was the prosecution and punishment of the perpetrators and reparations to the relatives. c. That in this case the courts of first instance and appeal declared themselves without competence to hear the case, considering it to belong to the military jurisdiction. The arguments of both the Office of the Attorney-General and the victim's father showed that the Political Constitution of Nicaragua establishes that all persons are equal in the eyes of the law, so that application of the Law on the Organization of the Military Judge Advocate violated this precept, since a special court would be set up for any crime in which there was evidence of involvement of a member of the military. d. That the denial of justice or access to the courts is not the only judicial act for which the State may incur responsibility; other such acts are unwarranted delay in the administration of justice, grave irregularities in the process, and manifestly unjust or unlawful judgments. e. That the conclusions issued by the team of Venezuelan investigators invited by the Special Commission of Inquiry of the National Assembly to investigate the facts of the Genie Lacayo Case were considered by the Committee to "conform entirely with its opinions, assessments and conclusions." f. That Decrees 591 and 600 created conditions conducive to the violation of the right to a fair trial, to due process and to equal treatment by granting broad margins of discretion and leaving it to the Army's High Commanders to sanction those "involved" or to let them go unpunished, and by placing "the soldiers of the