medical board, which was rendered on June 26, 1998 (supra paragraph 57). On July 17,
1998, the complainant challenged the report of the medical board.87 The board presented a
new report on October 21, 1998 (supra paragraph 58). On November 17, 1998, the
complainant asked for a new medical board and that the investigation be extended.88
62. On September 2, 1998, the testimony of the witness Andrés Alberto Fresco was
received.89 On December 23, 1998, a statement was once again received from Marcelo
Gonçalves Da Luz.90 This hearing was not communicated to the complainant, who requested
that it be repeated.91 In an order dated March 23, 1999, the National Criminal Investigation
Court No. 10 rejected the request.92
63. On April 18, 1999, the plaintiff filed a request for Marcelo Gonçalves Da Luz to be
called to testify again.93 On April 19, 1999, the Court denied this request.94 The complainant
filed an appeal against this resolution on April 28, 1999,95 which was found inadmissible in
an order dated May 7, 1999 of the National Criminal Investigation Court No. 10.96
64. By order of August 5, 1999, National Criminal and Correctional Investigation Court No.
10 ordered the case closed on finding that there was no crime, concluding that the death of
José Delfín Acosta Martínez was the result of the effects of alcohol and drugs, along with the
self-imposed injuries.97 On August 23, 1999, the complainant appealed the order.98 The
appeal was resolved on September 17, 1999 by the National Chamber of Criminal and
Correctional Appeals, which ruled to uphold the lower court.99 On October 12, 1999, the
complainant filed a cassation appeal,100 which was rejected by a resolution of the National
Cf. Appeal contesting the forensic report before Investigating Judge No. 10, filed by the complainant
on July 17, 1998 (evidence file, folios 302 to 307).
87
Cf. Brief of observations and request for measures before Investigating Judge No. 10, presented by the
complainant on November 17, 1998 (evidence file, folios 321 to 327).
88
Cf. Testimony given before Investigating Judge by Andrés Alberto Fresco on September 2, 1998
(evidence file, folios 337 to 344).
89
Cf. Testimony given before the Investigating Judge by Marcelo Gonçalves Da Luz on December 23,
1998 (evidence file, folios 329 to 330).
90
91
332).
Cf. Request before the Investigating Judge by the complainant on March 9, 1999 (evidence file, folio
Cf. Order issued by the National Criminal Investigation Court No. 10 on March 23, 1999 (evidence file,
folios 334 to 335).
92
Cf. Request before the investigating judge filed by the complainant on April 18, 1999 (evidence file,
folios 769 to 772).
93
Cf. Order issued by the National Criminal Investigation Court No. 10 on April 19, 1999 (evidence file,
folios 773 to 774).
94
Cf. Appeal before the National Criminal Investigation Court filed by the complainant on April 28, 1999
(evidence file, folios 346 to 349).
95
96
351).
Cf. Order issued by National Criminal Investigation Court No. 10 on May 7, 1999 (evidence file, folio
Cf. Resolution issued by National Criminal Investigation Court No. 10 on August 5, 1999 (evidence file,
folio 353 to 387).
97
98
Cf. Appeal filed by the complainant on August 23, 1999 (evidence file, folios 389 to 392).
99
Cf. Resolution issued by the National Chamber of Appeals on September 17, 1999 (evidence file, folio
394).
Cf. Cassation appeal before the National Criminal Cassation Chamber filed by the complainant on
October 12, 1999 (evidence file, folios 396 to 406).
100
21