11
really felt very bad that I didn’t testify during the oral trial, and that’s why I got in touch with Gutiérrez’
25
brother.” He also testified on the investigations and interviews that he carried out later together with
26
Jorge Omar Gutiérrez’ brother to gather evidence on Gutiérrez execution.
67.
On September 28, 2000, Judge Garmendia requested a copy of the final report of the
27
Parallel Customs House Investigative Commission from National Deputy Mario Das Neves. Also, on
October 3 of that same year, she ordered the Tribunal Expert Witness Consultancy to turn over the log
book of the 2nd Avellaneda Precinct so that a handwriting analyst could do a close examination to
establish if there had been any falsifications. On the 18th of that month, the expert examination was
submitted to the Judge. It indicated the following:
page no. 16, lines 14 and 21 of the log book in question has been falsified through re-writing with
the same writing instrument used in neighboring entries. The re-writing converted the “00” in line 14
into “55” and the number of minutes in line 21 to “00,” though the original number in that line could
28
not be determined.
68.
On October 5, 2000, Officer Alejandro Darío Benavidez testified before the Transitional
Court No. 2 of the Department of La Plata. He stated that he was involved in the investigation into the
death of Deputy Commissioner Gutiérrez from the start, and that one of his primary duties was to
question the people traveling on the trains during the time that Jorge Omar Gutiérrez had died. He added
that on several occasions he received calls from a woman who said she had witnessed the homicide, and
that one time she told him that “I am very afraid, you’re killing each other, police officers are killing each
other.” When Officer Benavides asked what she was talking about she answered that, “Yes, they were
police officers. I saw them, they went up to the one they killed and they laughed with him and the one
behind him shot him.” She said she hid so that they would not see her, but one of them grabbed her arm
and showed her a badge, and the other showed her a green card that said “police.” Officer Benavidez
stated that he had reported these calls in a timely fashion to his superiors and had attempted but failed to
locate the witness. He stated that a different operational group had located her. Finally, he indicated in his
29
testimony that he was later removed from the investigation without being told the reason.
69.
On October 6, 2000, Officer Marcelo Oscar García gave testimony before the Transitional
Court No. 2 of the La Plata Department. He stated that from the start of the case he carried out a variety
of investigative tasks, whose results he submitted to his superiors in a timely fashion. He added that his
main role was to locate a witness, a vendor. He also said he knew Mostajo and knew that he lived in the
same neighborhood as Santillán. He stated that it did not surprise him that Mostajo had participated in the
incident under investigation (the murder of Deputy Commissioner Gutiérrez) as he was “not a normal
person, bordering on criminal.” In addition, he stated that following the death of Jorge Omar Gutiérrez, he
received a call in the Investigations Brigade from Santillán, who asked for information on the
30
investigations being carried out on the death.
70.
On October 11, 2000, Officer Domingo Orlando Segura testified before Transitional
Judge No. 2 of the Judicial Department of the City of La Plata. He stated that he was assigned to
25
Annex 4. Statement given on September 26, 2000, by Mr. Luis Elio Lofeudo before the Transitional Court No. 2 of the
La Plata Judicial District. Annexes submitted by the petitioners in communication dated September 26, 2001.
26
Ibidem.
27
Annex 16. Copy of the official letter submitted before the Commission as an annex by the petitioners through a July 16,
2003, brief.
28
Annex 17. Copy of the official letter dated October 3, 2000, requesting the expert examination and a copy of the report,
provided as an annex by the petitioners in a July 16, 2003, brief.
29
Annex 18. Copy of Officer Benavides’ testimony. Annex filed by the petitioners in communication dated October 6,
1999.
30
Annex 19. Copy of the testimony of Officer Marcelo Oscar García submitted before the Transitional Court No. 2 of the
La Plata Judicial District. Annexes submitted by the petitioners in communication dated September 26, 2001.