DISSENTING OPINION OF
JUDGE MÁXIMO PACHECO-GÓMEZ
I dissent from the majority opinion with regard to operative paragraph 4 of the Judgment,
in which the Court decided that the State of Nicaragua must pay fair compensation to
Mr. Raymond Genie-Peñalba, considering as I do that the proper course of action would
have been to initiate the reparations stage in order to establish the amount of the
compensation for the material and moral damage incurred, after hearing the parties and the
victim's relatives. The latter are the persons who suffered the consequences of the violation
of Article 8(1) of the American Convention, even though it was only his father who was a
protagonist in the accusation and who undertook most of the representations made in the
various civil and military courts.
Máximo Pacheco-Gómez
Judge
Manuel E. Ventura-Robles
Secretary