group was "O".91 The supplement added that it had not been possible to determine the blood type or group
for the blood found on other objects.92
50.
On May 10, 2002, Mrs. Acosta's legal representative presented the first of the four incidental
motions for annulment (incidentes de nulidad) filed in the course of these judicial proceedings. Specifically, this
incidental motion requested annulment as of the order of April 19, 2002, for Mrs. Acosta to give a defendant's
statement due to the accusation made by Peter Martínez. Part of the grounds cited in this incidental motion was
that no defense counsel for María Luisa Acosta had been appointed.93 On May 13, 2002, the District Criminal
Court Judge allowed María Luisa Acosta's accusation against Iván Argüello and others and officially authorized
Mrs. Acosta's lawyer to represent her in the proceedings.94
c.
Definitive dismissal of proceedings in favor of Peter Martínez, Peter Tsokos, and Charles
Presida
51.
On that same day, May 13, 2002, the District Criminal Court Judge handed down a judgment
dismissing proceedings against Peter Martínez, Peter Tsokos, Charles Presida, and María Luisa Acosta
because he considered that “there[was] evidence incrimin[ating] them as instigators or abettors because the
file only contain[ed] an accusation, which [was] not enough to deduce criminal liability, because neither the
National Police, nor the Prosecutor’s Office [had] produc[ed] any evidence from which criminal responsibility
could be deduced.”95 He also ordered that Iván Argüello be imprisoned as the alleged perpetrator of the
murder96 and he rejected the first incidental motion for annulment.97
52.
On May 15, 2002, Mrs. Acosta's legal representative filed an appeal against that judgment.98.
In the court order admitting the appeal, the District Criminal Court Judge ordered "the appellant to deliver to
the Court secretariat the corresponding paper needed to record all the litigation,"99 that is to say, to provide
blank paper for photocopying the judicial file. Mrs. Acosta's representative was notified of that order the
following day.100
53.
On May 22, 2002, Mrs. Acosta's representative filed an interlocutory appeal [recurso de
reforma] against the Court order of May 17, 2002, due to the fact that an appellant could not be ordered to
91 Appendix 94. Dispatch to the District Court of findings of actions undertaken (supplementing the expert report), National
Police Criminal Investigations. Trial court file, folios 165 to 167. Appendix to the petitioners’ communication of July 13, 2007.
92 Appendix 94. Dispatch to the District Court of findings of actions undertaken (supplementing the expert report), National
Police Criminal Investigations. Trial court file, folios 165 to 167. Appendix to the petitioners’ communication of July 13, 2007.
93 Appendix 95. Accusation and incidental motion for permanent annulment filed by Mrs. Acosta's legal representative with the
Bluefields District Civil Court and Criminal Court, May 10, 2002. Trial court file, folios 175 to 179. Appendix to the petitioners’
communication of July 13, 2007.
94 Appendix 89. Order issued by the Bluefields District Criminal Court, Monday, May 13, 2002 Trial court file, folio 181.
Appendix to the petitioners’ communication of July 13, 2007.
95 Appendix 96. Resolution dismissing proceedings. Bluefields District Criminal Court, May 13, 2002. Trial court file, folios 184
to 189. Appendix to the petitioners’ communication of July 13, 2007.
96 Appendix 96. Resolution dismissing proceedings. Bluefields District Criminal Court, May 13, 2002. Trial court file, folios 184
to 189. Appendix to the petitioners’ communication of July 13, 2007.
97 Appendix 96. Resolution dismissing proceedings. Bluefields District Criminal Court, May 13, 2002. Trial court file, folios 184
to 189. Appendix to the petitioners’ communication of July 13, 2007.
98 Appendix 97. Appeal against the dismissing of proceedings of May 13, 2002, filed by Mrs. Acosta's legal representative with
the Bluefields District Criminal Court Judge, May 15, 2002. Trial court file, folio 195. Appendix to the petitioners’ communication of July
13, 2007.
99 Appendix 98. Order issued by the Bluefields District Criminal Court, May 17, 2002 Trial court file, folio 196. Appendix to the
petitioners’ communication of July 13, 2007.
100 Appendix 98. Order issued by the Bluefields District Criminal Court, May 17, 2002 Trial court file, folio 196. Appendix to the
petitioners’ communication of July 13, 2007.