7 45. Finally, it should be noted that during the processing of this case, the Argentine State has indicated its willingness to reach a friendly settlement. However, on several occasions it has informed the Commission that it has not been able to move forward with the dialog or measures toward resolving the case. Thus during the hearing held on March 19, 2010, on the 138th regular period of sessions of the Commission, the Argentine State requested the Commission to make a pronouncement with regard to the merits of the case, adding that this request could not be interpreted as an acknowledgment of 7 international responsibility. IV. ANALYSIS OF MERITS A. Initial considerations of fact Regarding the death of Deputy Commissioner Jorge Omar Gutiérrez and the judicial inquiry 46. Jorge Omar Gutiérrez provided his services as Deputy Commissioner of the Buenos Aires Police in Avellaneda Precinct Number 2, Avellaneda Province, Argentina. Jorge Omar Gutiérrez economically supported his wife, Nilda del Valle Maldonado, and their three children, Jorge Gabriel, David and Marlin Verónica Gutiérrez. In addition to providing his services to the Buenos Aires Police, in his free time he worked as a security guard at a meat market in the city of Berazategui in order to obtain extra income to help cover his family’s daily expenses. 47. Prior to his death, Jorge Omar Gutiérrez was investigating a case of corruption in which important businessmen and high-level government officials were involved. The case in question came to be 8 known later as the “case of the parallel customs house.” 48. On August 29, 1994, Deputy Commissioner Gutiérrez, 42 years old at the time, was murdered with a shot to the back of his head as he was traveling on a train toward the area of Quilmes, where 9 he lived with his wife and three children. 49. A security guard by the name of Juan Carlos Rojas found Deputy Commissioner Gutiérrez’ lifeless body in one of the cars. He stated that Gutiérrez’ briefcase was partly opened, as if it had been 10 searched. On arriving to the La Plata Terminal, he reported the incident to an officer with the Railroad Security Supervision Division of the Argentine Federal Police, who in turn reported it to the head of the La Plata Station, Second Division, Commissioner Jorge Luis Piazza, who notified Criminal and Correctional Court No. 5 of the City of La Plata. 7 Written record of the public hearing held on March 19, 2010, during the Commission’s 138th regular period of sessions. 8 Annex 1. Several journalistic news items refer to the “case of the parallel customs house” and the officials’ involvement in a defrauding of the treasury through customs evasion that was worth millions: - Clarín Digital, Public Prosecutor investigation into parallel customs house: More than 1,000 cases of smuggling, June 22, 1997: http://edant.clarin.com/diario/1997/06/22/t-01501d.htm - La Nación, A severely critical ruling in the case of the parallel customs house, October 12, 2000: http://www.lanacion.com.ar/nota.asp?nota_id=36650 Agencia de Noticias, Ranking of incidents 2009:http://www.agenciacna.com/2/nota_impresion_1.php?noticia_id=28670 of corruption, July 12, 9 Annex 2. In his statement given on October 4, 2000, before Transitional Court No. 2 of the La Plata Judicial District, Officer Ramón Norberto Segovia stated that at approximately 2340 hours on August 28, 1994, he took Deputy Commissioner Gutiérrez to the train station, where he had taken a train going toward La Plata. Copy of the statement provided by the petitioners in communication dated September 26, 2001. 10 Annex 3. Statement given on October 17, 2000, by Officer José María Luis Saggio before the Transitional Court No. 2 of the La Plata Judicial District, as well as the statement given before that same court authority by Officer Luis Elio Lofeudo (Annex 4). Annexes provided by the petitioners in communication dated September 26, 2001.