present paper within 24 hours because, according to the regulations in force, the party concerned had to be
informed in advance of the order.101 Accordingly he asked “[to be] allow[ed] to deposit in the secretariat,
sufficient local currency to cover the cost of copying the whole file.”102. He added that in accordance with the
principle of procedural economy, he would deposit 200 córdobas with the secretariat to cover photocopying
costs.103 Mrs. Acosta's representative came up with the money that same day, but it was not accepted.104 On
May 31, 2002, the District Criminal Court judge rejected the interlocutory appeal, arguing that Article 464 of
the Code of Civil Procedure established the obligation of the appellant to provide the paper.105
54.
On June 3, 2002, the District Criminal Court Judge declared the appeal filed on May 15, 2002
void, arguing that Mrs. Acosta's representative had failed to provide the paper needed to photocopy the file
and had not offered the money required to that end.106
d.
Continuation of the proceedings against Iván Argüello and Wilberth Ochoa, appeals, and
motions for annulment
55.
On May 26, 2002, the District Criminal Court Judge ordered Iván Argüello to appear within
15 days to answer charges.107 On May 29, 2002, the National Police presented an expert opinion determining
that the bullet used to kill Mr. García Valle did not carry any identifying marks and that it pertained to a 25
caliber cartridge.108
56.
On June 10 and July 22, 2002,109 Mrs. Acosta's legal representative filed the second incidental
motion for annulment of all proceedings thus far with the District Criminal Court. The main complaint was
that the authority had declared the appeal void, when such a declaration was no longer allowed under the
Organic Law of the Judiciary.110 This appeal was declared groundless on August 5, 2002, because it was not a
matter of annulments that might be asserted in the plenary phase.111
101 Appendix 99. Interlocutory appeal filed by Mrs. Acosta's legal representative with the Bluefields District Criminal Court
Judge, May 22, 2002. Trial court file, folio 202. Appendix to the petitioners’ communication of July 13, 2007.
102 Appendix 99. Interlocutory appeal filed by Mrs. Acosta's legal representative with the Bluefields District Criminal Court
Judge, May 22, 2002. Trial court file, folio 202. Appendix to the petitioners’ communication of July 13, 2007.
103 Appendix 99 Interlocutory appeal filed by Mrs. Acosta's legal representative with the Bluefields District Criminal Court
Judge May 22, 2002. Trial court file, folio 202. Appendix to the petitioners’ communication of July 13, 2007.
104 According to the Assistant Prosecutor, "a note by the secretariat on the back of folio 202 certifies the presentation of money
by [Mrs. Acosta's representative]to cover photocopying costs, which was not accepted." Appendix 100. Second hearing writ (Escrito de
segundas vistas] of the Assistant Prosecutor to the District Civil and Criminal Court.. By operation of law, Bluefields, December 24, 2002.
Trial court file, folios 184 to 270. Appendix to the petitioners’ communication of July 13, 2007.
105 Appendix 101. Resolution by the Bluefields District Criminal Court, May 31, 2002. Trial court file, folio 211. Appendix to the
petitioners’ communication of July 13, 2007.
106 Appendix 102. Resolution handed down by the Bluefields District Criminal Court, June 3, 2002 Trial court file, folio 214.
Appendix to the petitioners’ communication of July 13, 2007.
107
Appendix 103. Edict of the Bluefields District Criminal Court, May 27, 2002, folio 206.
Appendix 104. National Police Crime Lab ballistic report, May 20, 2002. Trial court file, folio 209. Appendix to the
petitioners’ communication of July 13, 2007. This report was produced at the request of Deputy Commissioner Oswaldo Pérez., along
with the dispatch of the investigated bullet, on May 17, 2002.
108
109 In this document, Mrs. Acosta's legal representative added information to the incidental motion for annulment filed on June
10, 2002. Appendix 105. Addition to the incidental motion for annulment filed by Mrs. Acosta's legal representative, July 22, 2002. Trial
court file, folios 225 and 226. Appendix to the petitioners’ communication of July 13, 2007.
110 Appendix 106. Incidental motion for permanent annulment filed by Mrs. Acosta's legal representative with the Bluefields
District Criminal Court Judge on June 10, 2002. Trial court file, folios 215 and 216. Appendix 105. Addition to the incidental motion for
annulment filed by Mrs. Acosta's legal representative, July 22, 2002. Trial court file, folios 225 and 226. Appendix to the petitioners’
communication of July 13, 2007.
111 Appendix 107. District court order, August 5, 2002. Trial court file, folio 228. Appendix to the petitioners’ communication of
July 13, 2007.