3.
The investigation and judicial proceedings related to the murder of Francisco García
Valle (Judicial file No. 110-2002)
a.
Initial investigation
39.
The National Police conducted an on-site inspection of the scene of the crime on the same
night that Mr. García Valle was murdered. Among the objects they found were the telephone and the cut wire,
a reddish stick, the coffee machine and an iron machete, as well as cards and documents lying next to Mr.
García Valle's corpse.51 In the back part of the room occupied by the alleged perpetrators of the crime, there
were "a fingerprint being dragged" (una huella de arrastre),52 which was also noticed by the District Criminal
Court Judge, during his own on-site inspection.53 That same night the National Police requested a forensic
examination of the body54 and interrogated Mrs. María Luisa Acosta55.
40.
On the following day, April 9, 2002, the Alternate Forensic Scientist of Special Zone 11
established that the causes of death had been gunshot wounds from a 25-caliber firearm to the left side of the
chest and hypovolemic shock as a result of damage to the heart, left lung, and major vessels.56 The National
Police interrogated other people between April 9 and 12, 2002.57 On April 10, 2002, the National Police asked
the National Archives for background information on Iván Argüello58.
b.
Referral of the criminal investigation file to the Criminal Court District Judge and
preliminary investigation phase of the judicial proceedings
41.
On April 15, 2002, the National Police sent the Criminal Court District Judge the criminal
investigation file, in which it pointed to Iván Argüello as the principal perpetrator59 That same day, and at the
51 Appendix 43. Minutes of the on-site inspection (dwelling and body of Mr. García Valle), National Police Criminal
Investigations, April 8, 2002. Trial court file, folios 4 to 6. Appendix 31 Photographic evidence (Foto Tabla Ilustrativa), National Police,
Atlántico Sur Autonomous Region, April 8, 2002. Trial court file, folios 17 to 37. Appendix to the petitioners’ communication of July 13,
2007.
52 Appendix 31. Photographic evidence (Foto Tabla Ilustrativa), National Police, Atlántico Sur Autonomous Region, April 8,
2002. Trial court file No. 110-02, folio 37. Appendix to the petitioners’ communication of July 13, 2007.
53 Appendix 59. Criminal Court District Judge and Judicial Assistant Attorney (Fiscal Auxiliar de Justicia). Minutes of the on-site
inspection. Trial court file No. 110-02, folios 84 and 85. Appendix to the petitioners’ communication of July 13, 2007.
54 Appendix 60 Request for medical opinion addressed to the forensic scientist. National Police Criminal Investigations, April 8,
2002. Trial court file, folio 9. Appendix to the petitioners’ communication of July 13, 2007.
55 Appendix 39. Statement by María Luisa Acosta, National Police Criminal Investigations, Police Operations Report (Informe de
la Guardia Operativo), Bluefields, April 8, 2002. Trial court file, folio 3. Appendix to the petitioners’ communication of July 13, 2007.
56 Appendix 43. Forensic Opinion, Alternate Forensic Scientist, Special Zone 11, Bluefields, April 9, 2002. Trial court file, folios
10 and 11. Appendix to the petitioners’ communication of July 13, 2007.
57 On April 9, 2002, the National Police interrogated Mrs. Acosta's neighbor, María Esther Castrillo Chavarría, and the domestic
worker, Natalia Isabel Omier Hulse. On April 12, 2002, they also questioned neighbor Eddy Eduardo Lira Miles. Appendix 40 Statement
by witness María Esther Castrillo Chavarría (neighbor), National Police Criminal Investigations, April 9, 2002. Trial court file, folio 12.
Appendix 61. Statement by witness Natalia Isabel Omier Hulse (domestic worker), National Police Criminal Investigations, April 9, 2002.
Trial court file, folio 13. Appendix 37. Witness statement by Eddy Lira Milles. National Police. Criminal Investigations, April 12, 2002.
Trial court file, folio 14. Appendix to the petitioners’ communication of July 13, 2007.
58 Appendix 62. Request for background information by the National Criminal Investigations Police to the Ministry of the
Interior's National Archives, April 10, 2002. Trial court file, folio 13. Appendix to the petitioners’ communication of July 13, 2007.
59 That file contained a list of actions carried out: a) Accusation based on own knowledge of the facts (Denuncia por
conocimiento propio); b) Police Operations Report; c) Minutes of the On-Site Inspection; d) Appendix to the On-Site Inspection Minutes;
e) Appendix to the On-Site Inspection Minutes; f) Occupation Receipt No.1; g) Occupation Receipt No.2; h) Request for Forensic Opinion;
i) Forensic Opinion j) Witness Statement by María Esther Castrillo Chavarría; k)Witness Statement by Natalia Isabel Omier Hulse; l)
Witness Statement by Eddy Lira Miller; m) Model movement of persons application; and n) Request for records. Appendix 63.
Remission of proceedings (Remisión de Diligencias) before the District Judge, April 15, 2002 Trial court file, folios 1 to 40. Appendix to the
petitioners’ communication of July 13, 2007.