2
II.
PROCEEDING BEFORE THE COMMISSION FOLLOWING THE REPORT ON
ADMISSIBILITY
6.
The Commission adopted the Admissibility Report No. 1/03 on February 20, 2003. The
report was forwarded to the petitioners and the State on April 4, 2003. In those communications, the
Commission made itself available to the parties for facilitating a friendly settlement and asked the
petitioners to submit their observations on the merits within two months. The petitioners sent their
comments on report No. 1/03 through communication received on July 17, 2003. That information was
forwarded to the State in communication dated October 9, 2003.
7.
On October 17, 2003, during the 118th regular period of sessions of the Commission, a
hearing was held in which the State expressed its interest in opening dialog with the petitioners toward
reaching a friendly settlement. Subsequently various work meetings were held between the parties; the
first, on March 5, 2004, during the 119th regular session, the second on March 2, 2005, during the 122th
regular session and, the third on October 19, 2005, during the 123th regular session of the Commission.
In that latter meeting, the petitioners informed the Commission of their desire to terminate the friendly
settlement process, because of the lack of progress made, specifically on the part of the Argentine State.
This was reaffirmed in their communication dated October 13, 2005. At the request of the State, the
Commission invited the parties to a work meeting which took place during the work visit to Argentina
between December 3 and 8, 2006.
8.
Following the closure of the friendly settlement the Commission asked the State, on
January 27, 2007, to present its observations on the merits within two months. On March 7, 2007, the
Commission awarded the State the deadline extension it requested, for a period of an additional month.
The State submitted its response on May 23, 2007, which was forwarded to the petitioners on June 5,
2007. They in turn sent a response on July 5, 2007, which was forwarded to the State on August 1 of the
same year. On October 11, 2007, during the 130th regular session of the Commission, another meeting
was held between the parties.
9.
On August 12, 2009, the petitioners sent additional information which was forwarded to
the State on the 21st of the same month. The State sent its response on November 4, 2009, which was
forwarded to the petitioners on the 23rd of the same month. The petitioners sent their response through
communication dated December 23, 2009. This response was duly forwarded to the State for its
information.
10.
On March 19, 2010, a hearing was held, during the 138th regular session of the
Commission, in which the petitioners and the relatives of Mr. Jorge Omar Gutiérrez, as well as
representatives of the federal government participated.
11.
Through communication dated August 24, 2010, the Commission requested specific
information on the case from the petitioners. The petitioners responded to the request and it was
forwarded to the State.
III.
POSITION OF THE PARTIES
A.
Positions of the petitioners
12.
The petitioners maintain that Jorge Omar Gutiérrez, then Deputy Commissioner of the
Police of the Province of Buenos Aires, was murdered on August 29, 1994, at the hands of agents of the
State. They claim that his death was brought about to stop the investigations that the victim was carrying
out in which high-ranking government officials were implicated in acts of corruption.
13.
The petitioners reported that on August 29, 1994, at approximately 00:15 hours, Deputy
Commissioner Gutiérrez left the Second Police Precinct of Avellaneda in Buenos Aires province.
Approximately 15 minutes later, he bordered a train that would take him to the town of Quilmes, where he
lived with his wife and three children.