7
Sandinista Popular Army on a different level to the rest of Nicaraguan society, with
adverse effects on the rights enshrined in the American Convention."
16.
The Government gave notification of its appointment of José Antonio TijerinoMedrano as its Agent; it then designated Marco Gerardo Monroy-Cabra as its Adviser and
Víctor Manuel Ordóñez and Carlos José Hernández-López as their Assistants.
Mr.
Hernández-López was appointed Alternate Agent by note of May 30, 1995. By note of
January 23, 1997, it gave notification of the appointment of Julio Centeno-Gómez and
Alvaro J. Sevilla-Siero as Agent and Alternate Agent.
17.
By note of February 7, 1994, the President, at the request of the State, granted the
Government a 90-day extension of the term prescribed in Article 29(1) of the Rules of
Procedure for answering the complaint, and a 30-day extension for filing preliminary
objections.
18.
According to the answer to the application of May 23, 1994, the Government did not
accept the Commission's statements with regard to the Government agents' alleged
obstruction of the judicial process, nor did it accept that there had been undue delay in the
administration of justice, nor that rules incompatible with the object and purpose of the
American Convention had been applied. It further claimed that neither had legal due
process been ignored nor had the principle of equality been breached. It did not accept that
the acts that were the subject of the petition had begun on July 23, 1991, the date on
which the Office of the Attorney-General of Justice filed the complaint with the Judiciary. It
also maintained that the ordinary criminal process showed continuous and ongoing
procedural activity and that justice had been promptly and fully administered.
19.
On all the facts indicated by the Commission, the Government responded:
a.
That the T-shirt worn by the youth Genie-Lacayo on the day of his death was
burned because it had been severely contaminated by the effects of the hematic
remains with which it was impregnated and that it had already been subjected to a
forensic examination the results of which appeared in the report from the Central
Forensic Laboratory on October 31, 1990. Consequently, its destruction did not
constitute a disappearance of evidence, inasmuch as it had already been examined.
The Government further stated that the T-shirt was burned prior to July 23, 1991,
the first day of the judicial inquiry which is the subject of the petition.
b.
That the sale of the military vehicles was not unlawful; they were not in
perfect running order and there was no proof that they were used in the commission
of the homicide. In that regard, "the witnesses did not agree on the make of the
vehicles, none of the witnesses saw the crime committed, and General Humberto
Ortega's entire escort declared that the only vehicle they used was silver-colored and
had not been sold." It added that there was no evidence that the sale had been
made in order to cover up any crime, and that the vehicles were sold prior to July
23, 1991.
c.
That the members of General Ortega's escort had testified on a number of
occasions before the police court of inquiry and, subsequently, before the Seventh
Court of the Criminal District of Managua; if any of them did not do so it was
because they had not been duly summoned. Examination of the docket showed that
virtually all the members of the escort had twice testified, and later a third time,
before the Military Judge Advocate; it was therefore inaccurate "to state that there
was disobedience on the part of military witnesses." The reasons for the witnesses'