witnesses and the convicted persons; (b) the absence of tests on the drag marks found in the room rented by
the three individuals; (c) failure to establish where Charles Presida was at the time of the events; and (d)
failure to show the photograph of Charles Presida to witnesses who might have been able to identify him as
the third perpetrator.
99.
The Commission observes that, in spite of the fact that from the outset of the investigation
and in the course of several stages therein, the police and judicial authorities were aware of the involvement
of a third person in the murder of Mr. García Valle,197 there is no evidence that any steps were taken to
ascertain their identity.
100.
The foregoing is demonstrated by the fact that the witnesses who could have identified the
alleged third perpetrator—such as the neighbors María Esther Castrillo Chavarría and Eddy Eduardo Lira
Miles, the domestic worker Natalia Omeir Hulse, and the carpenter Miguel Antonio López Balladares198—
were not questioned on the subject by the National Police or the judge presiding in the case. In fact, they were
not even asked to describe the person in question's physical features, as a result of which no artist’s
impression was made. The IACHR also notes that nor was Wilberth Ochoa, one of the convicted perpetrators
of the above crime, questioned about the part played by the third perpetrator. In addition, the Commission
observes that various procedures were limited that could have provided important elements for identifying
the perpetrator. In that connection, the information presented by the parties contains nothing to indicate that
tests were carried out on the drag marks found at the rear of the room occupied by the alleged perpetrators
of the crime, or on the marks found at the scene of the crime.199 Nor were any tests done on hairs and fibers
found at the crime scene.
101.
The Commission notes with regard to the line of inquiry regarding the possible participation
of Charles Presida as a possible perpetrator of the crime—who, it is alleged, got the other two perpetrators of
Mr. García Acosta's murder out of the city of Bluefields— that according to the record the only step taken by
the authorities was to take his statement in the preliminary investigation. In that statement, Charles Presida
197According to the testimony of several witnesses presented to the court and the prosecutor's office, the third individual was
seen with Iván Argüello and Wilberth Madariaga during Holy Week, had also rented the ground floor of María Luisa Acosta’s house, and
disappeared after Mr. García Valle was killed. Appendix 35. Statement by María Luisa Acosta, National Police Criminal Investigations,
April 16, 2002. Trial court file No. 110-02, folio 56. Appendix 41. Witness statement by María Elena Castrillo Chavarría, April 16, 2002.
Trial court file No. 110-02, folio 50. Appendix 32. Witness statement by Natalia Omeir Hulse, April 16, 2002. Trial court file No. 110-02,
folios 53 and 54. Appendix 32. Statement by Miguel Antonio López Balladares, National Police Criminal Investigations, April 17, 2002.
Trial court file No. 110-02, folio 61. Appendix 38. Statement by Person under Investigation (Wilberth Ochoa), National Police,
Chinandega, January 11, 2003. Trial court file No. 110-02, folio 306. The National Police also refer to the involvement of this third
individual in their own documents. Appendix 33. Document from Prosecutor Gloria Robinson addressed to the District Criminal Court
Judge in Bluefields, May 9, 2002. Trial court file No. 110-02, folio 168. Accusation against Wilberth José Ochoa for the crime of murder,
Public Prosecution Service, Atlántico Sur Autonomous Region, January 13, 2013. Trial court file No. 110-02, folios 275-277. Appendices
to the petitioners' communication of July 13, 2007. The investigative procedures of the National Police in which they mention a third
person are: Model application for movement of persons valid for codes A, J, Q, and S, National Police, Ministry of the Interior, National
Archive, April 10, 2002. Trial court file No. 110-02, folio 15. Appendix to the petitioners' communication of July 13, 2007. Furthermore,
the respective courts refer to in their own writings to the participation of a third person in Mr. García Valle's murder. Appendix 163.
Interlocutory judgment, District Civil and Criminal Court of Bluefields, by operation of law, January 24, 2003. Trial court file No. 110-02,
folios 319-323. Appendix to the petitioners' communication of July 13, 2007. Furthermore, the respective courts refer in their own
writings to the participation of a third person in Mr. García Valle's murder. Appendix 163. Interlocutory judgment, District Civil and
Criminal Court of Bluefields, by operation of law, January 24, 2003. Trial court file No. 110-02, folios 319-323.
198 Those witnesses saw the three individuals who rented the house from María Luisa Acosta and abandoned it after Mr. García
Valle's murder. Appendix 40. Witness statement by María Esther Castrillo Chavarría, National Police Criminal Investigations, April 9,
2002. Trial court file No. 110-02, folio 12. Appendix 41. Witness statement by María Elena Castrillo Chavarría, April 16, 2002. Trial court
file No. 110-02, folio 50. Appendix 61. Witness statement by Natalia Isabel Omier Hulse, National Police Criminal Investigations, April 9,
2002. Trial court file No. 110-02, folio 13. Appendix 32. Witness statement by Natalia Omeir Hulse, April 16, 2002. Trial court file No.
110-02, folios 53 and 54. Appendix 69. Witness statement by Miguel Antonio López Balladares before the Bluefields District Criminal
Court Judge, Thursday, April 18, 2002. Trial court file No. 110-02, folios 71 and 72. Appendix 37. Witness statement by Eddy Lira Milles
(neighbor), National Police Criminal Investigations, April 12, 2002. Trial court file No. 110-02, folio 14. Appendix 68. Witness statement
by Eddy Eduardo Lira Miles, Bluefields District Criminal Court Judge, April 17, 2002. Trial court file No. 110-02, folio 64. Appendices to
the petitioners' communication of July 13, 2007.
199Appendix 31. Photographic evidence, 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.