8
delay in appearing was explained by the General Cuadra when on April 24, 1992, he
sent a note to the judge in the case declaring that some of the soldiers summoned
did not appear on the personnel and officers' files, others because they were not
active soldiers or because they had been removed, for which reason he requested
more detailed information so as to be able to locate them. In that letter he
reiterated what the Public Relations Department of the Sandinista Popular Army had
said
concerning the scope of the powers for summoning soldiers who have not the slightest
connection with the case being investigated and which rather confirms our impression that
this is a case of harassment designed to keep the case on a single line of investigation
which is, coincidentally, the same as that pursued by a part of the media.
The Government also pointed out that the deadline for evidence-gathering had been
extended at the request of the Attorney-General on August 16, 1991, so that justice
had not been obstructed; indeed, all the time needed for collecting evidence had
been available in the case.
d.
That the inquiry had been exhaustive and the procedural activity in the
Seventh Court of the Criminal District of Managua, the Court of Appeal, and the
Supreme Court of Justice conformed to the rules in force in Nicaragua. The duration
of the police inquiry and the judicial proceeding was in keeping with the complexity
of the case, the large number of investigative measures, the plethora of witnesses
that gave statements, and the petitions of the parties to the case.
e.
That owing to the thousands of petitions heard by the Nicaraguan courts of
justice, the time spent on this Case was normal for criminal cases in the country, as
shown by the certification accompanying the brief on preliminary objections. That
the fact that the case was heard in courts of first and second instances, had been
appealed, had been the subject of a request by the Assistant Attorney-General for an
extension of the legal term for inquiry proceedings to procure certain evidence, and
had been the subject of debate on jurisdiction and the continuous petitions by the
victim's father show that there had been neither unwarranted delay in the
administration of justice nor any denial of justice.
f.
That the report issued by the Venezuelan experts lacked probative value and
could not have legal effects inasmuch as it had not been produced during the judicial
process nor did it meet the requirement of contradiction or bilaterality, and had
usurped the role of the Nicaraguan courts in indicating those possibly responsible for
the death of the youth Genie-Lacayo. The State therefore did not accept that the
experts (who are auxiliaries of justice) should replace the Nicaraguan courts and
indicate the possible perpetrators without possessing the competence to do so.
g.
That Decrees 591 and 600 were in force at the time the case was tried and
Nicaragua's judicial authorities "were obliged to apply them under pain of committing
abuse of power for the denial of justice." The decrees stipulated "military courts for
military personnel" and no civilians had been accused in the instant Case. Those
decrees did not ignore rights or judicial guarantees; the accused had their attorneys
and were able to participate in all stages of the judicial proceedings. Equal treatment
had not been withheld and due legal process had been observed. The case had been
processed in the Office of the Military Judge Advocate from January 18, 1994, when
the Secretary of the Supreme Court of Justice submitted the file. The military
investigating prosecutor had been appointed on January 28 and on January 31 the