13
His [Santillán’s] father, together with two others who I think were police officers took some papers and a
shoe box from the house where Chiquito kept guns, revolvers and pistols [...] Chiquito’s father tells me that if
34
they ask me, I have to maintain the position that I had seen them arrive at 23:30.
75.
In an official letter dated November 30, 2000, the Secretary of the No. 2 Transitory Court
of the La Plata Judicial District asked the head of the Departmental Investigations Delegation of Lomas
de Zamora, the head of the Second Station of Avellaneda and the head of the Seventh Station of La Plata
for the file and/or documentation on Officer Severo Mostajo who had been identified by witnesses at the
beginning of the judicial investigation as the man accompanying Alejandro Daniel Santillán at the moment
35
Deputy Commissioner Jorge Omar Gutiérrez was murdered. On December 1 of that year, Dr. Sonia
Leila Aguilar, court prosecutor, and Mr. José Américo Ferreyra, Head Official of Transitional Court No. 2
of La Plata went to the Second Station of Avellaneda to request Mr. Mostajo’s documentation. However,
36
the personnel were not able to find it.
76.
On July 12 and September 17, 2001, Dr. Marcela Inés Garmendia asked the General
Public Prosecutor to expedite the naming of Court Prosecutors of the Attorney General’s Office of the
Supreme Court of Buenos Aires in order to continue the investigation. This was because “according to
testimony that I have received in the seat of the Court, it has emerged that high-level officials of the
37
Buenos Aires and Federal Police could be involved in the case in question.”
77.
Meanwhile, on the administrative front, it is recorded that in September 2001, the internal
affairs office of the Buenos Aires police issued Resolution 104097, which indicated that “of the evidence
collected following the issuing of the aforementioned administrative decision [Resolution 81.974 dated
September 13, 1994, that had established that the death of the deputy commissioner did not take place in
the line of duty] and having reviewed the photocopies of the judicial proceeding initiated in which two
subjects were tried for being the prima facie perpetrators of the crime of which the plaintiff was the victim
because he did intelligence work,” it ruled to overturn the September 13, 1994, resolution and declare the
38
death of Jorge Omar Gutiérrez to have been in the line of duty, giving his heirs the right to indemnity.
78.
On May 12, 2004, the Deputy Attorney General of the Supreme Court of Justice of
Buenos Aires provided a report to the President of that Supreme Court about an investigation carried out
by Magistrate Federico Guilllermo Atencio, who was originally in charge of the investigation into the death
of Jorge Omar Gutiérrez with the No. 5 Criminal and Correctional Court of La Plata. In his report, he
deems it proven that during the preliminary investigation there were investigative failures whose result
was that the investigation was not completed and that the results achieved during the first stage should
not have been accepted. Rather, they should have moved Judge Atencio to deepen the investigation on
the pending points. Thus, the Deputy Attorney General suggested to the president of the Supreme Court
39
that Dr. Federico Guillermo Atencio be punished with a warning.
79.
On December 4, 2006, the Executive Branch of the Province of Buenos Aires issued
Decree No. 3241/2006. The decree recognized "the Provincial State's responsibility for the violation of the
34
Annex 23. Copy of the testimony of Adolfo Ricardo Salvador given on November 17, 2000, before the the Transitional
Court No. 2 of the La Plata Judicial District. Annexes submitted by the petitioners in communication dated September 26, 2001.
35
Annex 24. Copy official letter dated November 30, 2000, from the Secretary of the No. 2 Transitory Court of the La
Plata Judicial District.
36
Annex 25. Document prepared by the court functionaries on that step, December 1, 2000.
37
Annex 26. Official letter sent to Transitional Court No. 2 of the La Plata Judicial District to the Attorney General dated
September 17, 2001, repeating the request made initially on July 12 of that year.
38
Annex 27. Copy of Resolution 104097 of the Secretariat of Government Security of the Province of Buenos Aires.
Submitted by the State as an annex to note SG 419, dated September 26, 2001.
39
Annex 28. Report from the Deputy Attorney General of the Supreme Court of Justice of Buenos Aires dated May 12,
2004. E-mail from the petitioners received on September 2, 2010, including an attached copy of the proceeding carried out over the
death of Jorge Omar Gutiérrez