2
Human Rights Commission of Nicaragua (CPDH).
I
1.
On January 29, 1997, the Court delivered a Judgment on the merits of the Genie
Lacayo Case, in which it
unanimously
1.
Dismisse[d] the preliminary objection of non-exhaustion of domestic remedies lodged by
the State of Nicaragua.
unanimously
2.
Decide[d] that the State of Nicaragua has violated Article 8(1) of the Convention, in
connection with Article 1(1), to the detriment of Mr. Raymond Genie-Peñalba.
unanimously
3.
Decide[d] that the State of Nicaragua has not violated Articles 2, 25, 24 and 51(2) of the
Convention.
by four votes to one
4.
Set at US$20,000 (twenty thousand dollars of the United States of America), or its
equivalent in cordobas on the date of payment, the amount that the State of Nicaragua must pay,
exempt from tax and within six months of the date of this Judgment, as fair compensation to
Mr. Raymond Genie-Peñalba. The payment shall be effected in the form and on the terms set
forth in paragraph 95 of this Judgment.
Judge Pacheco-Gómez dissenting.
2.
On April 30, 1997, the Inter-American Commission submitted a brief in which it
endorsed a communication from Mr. Raymond Genie-Peñalba, the youth Jean Paul GenieLacayo's father, and the Permanent Human Rights Commission (CPDH) of Nicaragua,
containing an "application [for] judicial review" of the Judgment delivered in this case by
the Inter-American Court on January 29, 1997. The request was filed on the ground that
the judgment rendered by the Criminal Chamber of the Supreme Court of Justice of
Nicaragua on February 12, 1997, "produced a new juridical act that radically altered the
powers that a Court of Justice should enjoy in a specific case, inasmuch as it transformed
the Judiciary's possible ineffectiveness into the Judiciary's proven ineffectiveness."
3.
In that brief it asked the Court to revise its Judgment and to find that Articles 8(1)
(Right to a Fair Trial), 25(1) (Right to Judicial Protection), 24 (Right to Equal Protection),
and 2 (Domestic Legal Effects) of the American Convention on Human Rights (hereinafter
"the American Convention") had been violated. It further requested the Court to call a
public hearing to be attended by the parties in the case in order to determine the
appropriate indemnity for the damages caused by the judgment issued by the Criminal
Chamber of the Supreme Court of Justice of Nicaragua.
4.
The Court summarizes the arguments adduced in the brief endorsed by the
Commission as follows:
a.
That the Judgment issued by the Inter-American Court on January 29, 1997,
in this case declared that the defects in the military proceeding regarding the
violations of the Genie-Lacayo family's human rights were of a domestic nature and