and effective investigation into the death of Francisco García Valle. As regards article 11 of the Constitution,
they states that the judges had engaged in harassment and defamation and in "malicious" judicial proceedings
against María Luisa Acosta.
B.
Position of the State
18.
The State basically agreed with the petitioners' indications regarding the date, place, and
manner in which the murder of Mr. García Valle had been consummated. However, the State disagreed as to
the causes that appear to have prompted the crime. It said that the murder of Mr. García Valle was an isolated
event committed by "antisocial individuals with criminal instincts" and had had nothing to do with
indigenous peoples' issues, State policies, or persecution of human rights defenders. As for domestic
proceedings, the State concurred with the petitioners' account. However, it denied that they meant that the
State had incurred international liability.
19.
In general, the Nicaraguan State maintained that the authorities involved in the investigation
of the facts had acted in accordance with their functions. It asserted that as soon as the police authorities had
become aware of the murder, they had initiated inquiries. It added that the judges who had taken the
dismissal of proceedings and conviction decisions in relation to the murder of Mr. García Valle, had
demonstrated objectivity in the performance of their functions, had not acted opportunistically, had not been
biased, and had not "secured” a situation of impunity.
20.
The State argued that the aforementioned criminal proceedings had been conducted with
full respect for and equal treatment of the parties involved. It stated that the Criminal Court Judge had taken
note of the accusations formulated by Mrs. Acosta against the persons allegedly responsible for the murder of
her husband and had instituted criminal proceedings against all of them. It added that it had not impeded
Mrs. Acosta's access to justice because she had at all times had at her disposal the remedies and mechanisms
permitted by law.
21.
The State maintained that, with a view to identifying, trying, and convicting those
responsible for the crime, the authorities had taken decisions based on both fact and law. It asserted that the
conviction had been handed down with due legal process. It stressed that the validity of domestic legal
proceedings does not stem from their being acceptable to the parties concerned, but rather from their
observance of the rules of due process during the proceedings. It argued that the fact that the decision to
dismiss the case against those denounced by Mrs. Acosta as the alleged instigators and perpetrators of the
murder of Mr. García Valle had not been appealed within the time allowed implied tacit consent to said
decision, which does not amount to a denial of access to justice.
22.
The State also pointed out that it could not be accused of denying access to an effective
remedy, because the right of appeal was established by the Constitution. It indicated that to file an appeal, the
appellant was legally obliged to provide paper for photocopying the judgment to be appealed within 24
hours. It added that Mrs. Acosta's representative did not comply with the rules governing the appeal and the
State could not be blamed for that.
23.
As for the right to humane treatment of Mr. García Valle's family members, the State argued
that it had guaranteed due process, with both parties being treated equally, which had resulted in a
conviction at the will of Nicaraguan society represented by the court's panel of judges (tribunal de jurados). It
argued that it was not up to the IACHR to act as a review body for decisions hand down by domestic courts.