57. On August 5, 2002, the District Criminal Court Judge declared the start of the plenary phase.112 On October 8, 2002, the National Police provided the following information to the District Criminal Court:113    Wilberth Ochoa, a close friend of Iván Argüello, accompanied him to Bluefields114 Iván Argüello had worked for the Master Security security company as Peter Tsokos' security guard since 2001. He had then left the company to work independently for Mr. Tsokos.115 The bullet that killed Mr. García Valle was fired from the 25-caliber LORCIN firearm belonging to Peter Tsokos.116 58. The resolution of August 5, 2002 rejecting the second incidental motion for annulment, was appealed and [Tr. the appeal?] declared unfounded on August 9, 2002.117 In view of that decisions, on August 29, 2002, Mrs. Acosta's representative filed an "extraordinary de facto appeal" (recurso extraordinario de hecho),118 which was rejected on September 23, 2002, due to the fact that “it did not [state] categorically that it was a de facto appeal (apelación por la vía de hecho)”119. On October 10, 2002, the appeal was resubmitted with the required correction,120 but was rejected on October 11, 2002 as extemporaneous (por caducidad).121 59. On October 28, 2002, a court edict was issued announcing that if Iván Argüello failed to appear he would be tried in absentia.122 60. On December 17, 2002, the District Civil and Criminal Court123 ordered the Public Prosecutor´s Office to proceed with second hearing formalities (trámite de Segunda Vista al Ministerio Público).124 On December 24, 2002, the Assistant Prosecutor asked for all the badly handled proceedings to be annulled because the 112 Appendix 108. Order issued by the Bluefields District Criminal Court, Monday, August 05, 2002 Trial court file, folio 230. Appendix to the petitioners’ communication of July 13, 2007. 113 Appendix 109. Report on expansion of the murder investigations E.I.C. No. 00502-2002, National Police, Atlántico Sur Autonomous Region, October 8, 2002. Trial court file, folios 239 and 240. Appendix to the petitioners’ communication of July 13, 2007. 114 Appendix 109. Report on expansion of the E.I.C [Tr. sic] murder investigations. No. 00502-2002, National Police, Atlántico Sur Autonomous Region, October 8, 2002. Trial court file, folios 239 and 240. Appendix to the petitioners’ communication of July 13, 2007. 115 Appendix 110. Note from Master Security to the Director of Police Intelligence, September 3, 2002. Trial court file, folio 242. Appendix to the petitioners’ communication of July 13, 2007. 116 Appendix 111. Ballistic expert's report (Registration No. BT-0716-2496-2002), National Police, Ministry of the Interior, Crime Lab, September 3, 2002. Trial court file, folios 247 to 251. Appendix to the petitioners’ communication of July 13, 2007. 117 Appendix 112. District court order, Thursday, August 08, 2002. Trial court file, folio 230. Appendix to the petitioners’ communication of July 13, 2007. 118 Appendix 113. "Extraordinary De Facto Appeal filed by Mrs. Acosta's legal representative with the Bluefields District Criminal Court Judge, August 29, 2002. De facto appeal file of the Atlántico Sur, District's Appeals Court, folios 1 and 2, Appendix to the petitioners’ communication of July 13, 2007. 119 Appendix 114. Atlántico Sur District's Appeals Court decision of September 23, 2002. De facto appeal file of the Atlántico Sur, District's Appeals Court, folios 23 Appendix to the petitioners’ communication of July 13, 2007. 120 Appendix 115. De facto Appeal filed by Mrs. Acosta's legal representative, October 10, 2002. De facto appeal file of the Atlántico Sur, District's Appeals Court, folios 24 Appendix to the petitioners’ communication of July 13, 2007. 121 Appendix 116. Atlántico Sur District's Appeals Court decision of October 11, 2002. De facto appeal file of the Atlántico Sur District's Appeals Court, folio 25. Appendix to the petitioners’ communication of July 13, 2007. 122 Appendix 117. District court edict, Monday, October 28, 2002. Trial court file, folio 259. Appendix to the petitioners’ communication of July 13, 2007. 123 In view of the fact that the new Code of Criminal Procedure entered into force on December 24, 2002, since November 2002 the case of Mr. García Valle,'s murder moved, under the Criminal Investigation Code (Instrucción Criminal or "In"), to the Bluefields District Civil Law Court and the In by operation of law. 124 Appendix 118. Order of the District Criminal Court of the C.C.P and the In. By operation of law, Bluefields, December 17, 2002. Trial court file, folio 265. Appendix to the petitioners’ communication of July 13, 2007.