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Dissenting Opinion of Judge A.A. Cançado Trindade in the Case of Genie Lacayo versus Nicaragua (Appeal of Revision of Judgment, Resolution of 13.09.1997)

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Chapter Summary

In the present Resolution, the Inter-American Court considers that the new fact pointed out in the appeal, the Judgment n. 8 of the Supreme Court of Justice of Nicaragua of 12.02.1997, not only was not alleged as being contemporary to its Judgment on the merits in Genie Lacayo, but does not fit into the grounds for revision into the grounds of revision and cannot, thus, exert influence in the modification of this Judgment. The thesis of the author appears to be the one which conforms to the letter and the spirit of the American Convention. It represents the understanding which should have guided the Inter-American Court in the present Resolution. The outcome would have been the revision of the criteria followed in its Judgment on the merits of 29 January 1997 in the present Genie Lacayo case.

Keywords: American Convention; Genie Lacayo; Inter-American Court; Resolution; Supreme Court of Justice

10.1163/9789004251038_033
/content/books/b9789004251038s033
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