that the persons who gave statements were not questioned in order to inquire further about the possible
masterminds of Mr. García Valle’s murder. For example, despite the fact that in her statement María Luisa
Acosta mentioned her suspicions that Peter Tsokos and Peter Martínez were the ones behind her husband's
murder, the relevant authorities asked no questions in an attempt to obtain more information in that respect.
88.
In addition, in spite of the fact that on April 18, 2002, the National Police sent the District
Court the bullet that killed Mr. García Valle on the ground that it was "of major importance for continuing
relevant investigations into the case,"191 the judge ordered no further measures to ascertain its origin. As the
section on established facts shows, the significance of that projectile—which was revealed after Peter Tsokos
was acquitted—was that the weapon that discharged it belonged to Mr. Tsokos.
89.
Another element relating to lack of diligence in pursuing the line of inquiry concerning the
instigators has to do with the fact that in his statement in the preliminary investigation, Charles Presida—a
key person in the proceeding because, according to María Luisa Acosta, it was he who got the three men
involved in her husband's killing out of Bluefields—was not questioned about the cause of the García Valle
murder, or about the possible involvement of the alleged instigators in it, or about the latter's connection
with Iván Argüello, the perpetrator of the murder. The IACHR also notes that the District Criminal Court only
sent an official letter to the manager of the telephone company requesting records of calls made to the
telephones of Mrs. Acosta and her husband. However, the relevant authorities did not attempt to obtain
information about possible telephone communications from Peter Tsokos and Peter Martínez to Iván
Argüello.
90.
Following these omissions in collecting key evidence about the possible instigators, despite
all the indications that emerged from the information about Mary Luisa Acosta's professional activities and
her own statements, the judicial authorities ordered a dismissal a few days after Peter Tsokos and Peter
Martínez gave their preliminary investigation statements, without justification based on the performance of
investigative procedures and their objective results. The dismissal also lacked justification in terms of the
scenarios envisaged in the domestic rules and regulations. Thus, Article 186 of Nicaragua's Code of
Preliminary Criminal Procedure sets out the following causes for definitive dismissal: (a) The offense being
prosecuted did not exist or the act under investigation is not legally punishable; and (b) the evidence or
suspicions against a particular person have ceased to exist in the preliminary investigation stage, such as to
prove or make evident the innocence of the suspect.
91.
The Commission cannot help but note that the dismissal was upheld in spite of the fact that
the Assistant Prosecutor of the RAAS and the Assistant Prosecutor in Managua, in briefs dated December 24,
2002,192 and August 24, 2006,193 requested the District Criminal Court and the Supreme Court of Justice,
respectively, to overturn said acquittal owing to the anomalous processing of the case and the "unexhausted
investigation."
92.
Given the inexplicable and hurried way in which the acquittal was issued, with the
aforementioned omissions, in disregard of the causes envisaged by domestic law and just days after those
individuals gave statements in the preliminary investigation, the Commission believes that, in addition to a
[… continuation]
proceeding against Iván Argüello Rivera”; it also specifies what documents were found. Appendix 161. Record and results of the search of
La Paz funeral home, National Police Criminal Investigations, April 16, 2002. Trial court file No. 110-02, folio 125. Appendix to the
petitioners' communication of July 13, 2007.
191Appendix 71, procedures, National Police Criminal Investigations to the District Criminal Court in Bluefields, April 18, 2002.
Trial court file No. 110-02, folios 78 and ff. Appendix to the petitioners' communication of July 13, 2007.
192Appendix 100. Second hearing writ (Escrito de segundas vistas) to the District Civil and Criminal Court. of the In. By
operation of law, Bluefields, December 24, 2002. Trial court file No. 110-02, folios 268-270. Appendix to the petitioners' communication
of July 13, 2007.
193Appendix 134. Response of the Assistant Prosecutor in Managua to the grievances raised by the applicant in the appeal for
annulment.Case file No. 2019-2004 of the appeal for annulment to the Supreme Court of Justice, folios 80-86. Appendix to the petitioners'
communication of July 13, 2007.