HAVING SEEN:

1.         The judgment handed down by the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court"), dated January 29, 1997, operative paragraph four of which reads as follows:

Sets 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, as fair compensation to Mr. Raymond Genie-Peñalba within six months of the date of this Judgment.

2.         The December 19, 1997 brief  and attachments filed by the State of Nicaragua (hereinafter "the State" or "Nicaragua"), wherein it reported that on December 16, 1997, the Office of the Attorney General deposited with the Office of the State Notary Public the sum of US$20.000 (twenty thousand United States dollars) in the name of Mr. Raymond Genie-Peñalba.  One attachment also shows that on that same date, said Office of the State Notary Public issued a decision wherein it ordered that the amount in question be offered to Mr. Genie-Peñalba, who was given three days in which to challenge the amount; if he did not accept the sum in question, it would be deposited in a State banking institution.

3.         The February 6, 1998 brief and attachments filed by Nicaragua, wherein in reported that Mr. Genie-Peñalba had not claimed the deposite sum within the time period prescribed by law and had not exercised his right to challenged the amount, whereupon the Office of the State Notary Public had deposited the sum in question with the Banco Nicaragüense de Industria y Comercio (Nicaraguan Bank of Industry and Commerce.)

4.         The note from the State, dated March 9, 1998, whereby it forwarded a copy of the judgment that the Fourth Civil Judge of the District of Managua handed down on February 16, 1998, wherein it ruled that:

[t]he Court finds that the sum of twenty thousand United States dollars (US$20.000) was deposited by Dr. JULIO CENTENO GÓMEZ in his capacity as Attorney General, acting as representative of the State of Nicaragua, to the name of RAYMOND GENIE-PEÑALBA.

CONSIDERING:

1.         That the documents submitted by the State concerning execution of the judgment that the Court delivered on January 29, 1997, have been brought to the attention of the Inter-American Commission on Human Rights, which has neither disputed nor objected to their validity.

2.         That from the documents presented by Nicaragua, the conclusion is that the State has complied with Article 68(1) of the American Convention on Human Rights, which requires that States Parties to the Convention comply with judgments of the Court.

NOW THEREFORE,

pursuant to Article 29 of its Rules of Procedure,

THE INTER-AMERICAN COURT OF HUMAN RIGHTS

RESOLVES:

unanimously

1.         To close the instant case, inasmuch as the State of Nicaragua has complied with the judgment that the Inter-American Court of Human Rights handed down on January 21, 1997.

2.         To forward this order to the Inter-American Commission on Human Rights, the State of Nicaragua, and to the General Assembly of the Organization of American States at its next regular session, by way of the Court’s Annual Report.

3.         To file the case opportunely.

Judge Antônio A. Cançado Trindade informed the Court of his Separate Opinion, attached hereto.