48 Unanimously, 4. To reject the preliminary objection entitled “Non-retroactivity of the application of the crime of forced disappearance of persons”, in accordance with the first and second operative paragraphs and paragraphs 78, 79 and 106 of this judgment. Unanimously, 5. To reject the second preliminary objection entitled “Lack of jurisdiction rationae materiae,” in accordance with the first and second operative paragraphs and paragraphs 78, 79 and 120 of this judgment. Unanimously, 6. To reject the third preliminary objection entitled “Inadmissibility of the application owing to ambiguity or inconsistency between the object and the plea, and the body of the text,” because this is not a true preliminary objection, in accordance with paragraph 127 of this judgment. By six votes to one, 7. To reject the fourth preliminary objection filed by the State regarding “failure to exhaust domestic remedies,” in accordance with paragraphs 141 and 142 of this judgment. Dissenting Judge ad hoc Montiel Argüello. Judge Cançado Trindade informed the Court of his dissenting opinion on the second operative paragraph, and Judge ad hoc Montiel Argüello informed the Court of his dissenting opinion on the third and seventh operative paragraphs, both of which accompany this judgment. Done at San José, Costa Rica, on November 23, 2004, in Spanish and English, the Spanish text being authentic. Sergio García-Ramírez President Alirio Abreu-Burelli Antônio A. Cançado Trindade Manuel E. Ventura-Robles Oliver Jackman Cecilia Medina-Quiroga Alejandro Montiel-Argüello Judge ad hoc