2 to try, refrained from so doing and remitted the file to the civil courts which did have that jurisdiction. 10. The fact that the case was tried in the civil courts, which found the defendant guilty of the crime of terrorism, does not constitute double jeopardy or a violation of the Convention. 11. With regard to the order for María Elena Loayza-Tamayo's release, the Court has used a somewhat obscure formula equivalent to an order acquitting the defendant, on the ground of violations of rights enshrined in the Convention, particularly the prohibition of double jeopardy. Whatever the defects of a case, they may give rise to its annulment by a superior instance, but not to the defendant's acquittal. Other considerations can be invoked as far as double jeopardy is concerned, but I consider it unnecessary to do so since, in my view, that violation did not occur. Alejandro Montiel-Argüello Judge Manuel E. Ventura-Robles Secretary