incidental motion for annulment and ordered the embargo to be lifted as the resolution became final.152
However, on March 5, 2003, Peter Martínez filed an appeal,153 which was admitted on March 25, 2003 by the
Civil Law Division of the Appeals Tribunal.154
72.
For her part, on August 29, 2003, María Luisa Acosta filed an appeal with the Supreme Court
against delay in the administration of justice because more than one year and five months had elapsed since
she had answered and the Civil Law Division of the Appeals Tribunal had still not pronounced on the
matter.155
b.
Complaint in respect of the offenses of “false testimony and false accusation”
73.
On October 1, 2002, Peter Martínez, acting on his own behalf and in representation of Peter
Tsokos, filed a complaint against Mrs. Acosta for the offenses of "false testimony and false accusation"156 on
account of the accusations she had leveled against them in the judicial proceedings in connection with the
murder of Mr. García Valle157. On October 18, 2002, the District Civil and Criminal Court admitted the
complaint and notified Mrs. Acosta on October 21, 2002.158 On August 14, 2003, Mrs. Acosta answered the
complaint, pointing out that “this action [was] was clearly brought with manifest abuse of process and fraud
in law; the plaintiffs want […] to continue using criminal actions and the justice system as a means of
harassment and coercion so that I desist from bringing the murderers of my husband to trial.159”
74.
Given the absence of procedural activity by the parties, it was declared expired on August 23,
2004.160 Peter Martínez appealed that decision161, and his appeal was declared inadmissible on October 12,
2004”162.
152 Appendix 143. Bluefields DistrictCivil Court decision, February 27, 2003. File No. 350-02 of the Bluefields District Civil
Court (Pre-judgment attachment /damages), folio 65. Appendix to the petitioners’ communication of July 13, 2007.
153 Appendix 144. Appeal filed by Peter Martínez, March 5, 2003. File No. 350-02 of the Bluefields District Civil Court (Prejudgment attachment /damages), folio 67. Appendix to the petitioners’ communication of July 13, 2007.
154 Appendix 145. Decision, Bluefields Appeals Tribunal, Civil Law Division, March 25, 2003. File No. 06-2003 of the Bluefields
Appeals Tribunal, Civil Law Division, , folio 6. Appendix to the petitioners’ communication of July 13, 2007.
155 Appendix 146. Appeal against delay filed by Mrs. Acosta's representative with the Supreme Court, August 20, 2004.
Appendix to the petitioners’ communication of July 13, 2007.
156 Article 353 of the Criminal Code of the Republic of Nicaragua establishes that "the offense of false testimony is committed
when someone, be it as a witness, expert, interpreter, or translator asserts a falsehood or conceals the truth, in whole or in part, before a
competent authority. That offense shall be punished with imprisonment for between one and five years if the false testimony is
committed in a civil law case. If, however, it is committed in a criminal case, to the detriment of the accused, the punishment shall be the
same as the applicable to the crime falsely ascribed." For its part, Article 356 stipulates that "whoever, knowing it to be untrue, falsely
denounces or accuses a person of having committed a crime to any official with powers to punish the offense or misdemeanor denounced
or the subject of the accusation shall be punished with the penalties for false testimony established in Article 353.
157 Appendix 147. Complaint against false testimony and false accusation filed by Peter Tsokos and his partner, October 1,
2012. File No. 298-02 of the Bluefields District Civil and Criminal Court (In) (offense: false testimony and false accusation), folios 1 and 2.
Appendix to the petitioners’ communication of July 13, 2007.
158 Appendix 148. Document from Mrs. Acosta's legal representative, addressed to the Bluefields District Civil and Criminal
Court (In), October 22, 2001. File No. 298-02 of the Bluefields District Civil and Criminal Court (In) (offense: false testimony and false
accusation), folios 1 and 2. Appendix to the petitioners’ communication of July 13, 2007.
159 Appendix 149. Document replying to the complaint filed by Mrs. Acosta's representative, August 14, 2003, File No. 298-02
of the Bluefields District Civil and Criminal Court (In) (Offense: false testimony and false accusation), folios 40 to 43. Appendix to the
petitioners’ communication of July 13, 2007.
160 Appendix 150. Decision of the Bluefields District Civil and Criminal Court (In), August 28, 2004. File No. 298-02 of the
Bluefields District Civil and Criminal Court (In) (offense: false testimony and false accusation), folio 46. Appendix to the petitioners’
communication of July 13, 2007.
161 Appendix 151. Appeal filed by Peter Tsokos and Peter Martínez,, September 30, 2004. File No. 298-02 of the Bluefields
District Civil and Criminal Court (In) (offense: false testimony and false accusation), folio 51. Appendix to the petitioners’ communication
of July 13, 2007.