REPORT Nº 1/03* PETITION 12.221 ADMISSIBILITY JORGE OMAR GUTIÉRREZ ARGENTINA February 20, 2003 I. SUMMARY 1. The present report addresses the admissibility of petition 12.221. Its processing was initiated by the Inter-American Commission on Human Rights (hereinafter “Inter-American Commission, “Commission” or “IACHR”) pursuant to the receipt of a petition on May 12, 1999 and supporting information on October 6, 1999, filed by Francisco Gutiérrez, Nilda Maldonado, the Centro de Estudios Legales y Sociales (CELS) and the Center for Justice and International Law (CEJIL) (hereinafter “the petitioners”), against the Republic of Argentina (hereinafter “Argentina” or “State”). 2. The petitioners allege that Jorge Omar Gutiérrez, then a Deputy-Captain (Subcomisario) of the Police of the Province of Buenos Aires, was killed on August 29, 1994 by state agents, namely a police officer acting in conspiracy with other officers, in order to stop the victim’s investigation of corruption involving high-ranking government officials and large sums of money. The petitioners contend that the investigation of the killing was obstructed by the Federal Police, and that the prosecution of the presumed killer was partial and deficient to the point of allowing those responsible to escape punishment and denying justice to the Gutiérrez family. The petitioners emphasize that their contentions are supported by the findings of a Special Investigative Commission of the National Chamber of Deputies constituted to investigate alleged corruption in the customs administration. The petitioners maintain that the facts alleged constitute violations of the rights to life, and judicial protection and guarantees, as well as of the State’s obligation to respect and ensure protected rights, recognized in Articles 4, 25, 8 and 1(1) of the American Convention on Human Rights (hereinafter “American Convention”). 3. The State, for its part, maintains that the judicial proceedings with respect to the person formally accused of having killed the Deputy-Captain were handled by the proper jurisdictional organs acting within their sphere of competence, and thus neither merit nor permit review by the Commission, and that the petitioners have failed to present a sufficient foundation in law or fact to demonstrate State responsibility for the violation of the right to life they allege. Further, the State indicates that because its competent authorities continue to investigate, the applicable domestic remedies have yet to be exhausted and the rights to judicial protection and guarantees are being respected. 4. As set forth below, to take cognizance of and 1(1) with respect and that the case is Convention. II. pursuant to its examination, the Commission concluded that it is competent the petitioners’ complaints concerning alleged violations of Articles 4, 8, 25 to the killing of Jorge Omar Gutiérrez and the response of the State thereto, admissible pursuant to the terms of Articles 46 and 47 of the American PROCESSING BEFORE THE COMMISSION 5. The Commission acknowledged receipt of the petition received on May 12, 1999 by note of May 18, 1999. On October 6, 1999, the Commission received additional information and documentary evidence in support of the petition. On November 9, 1999, the Commission transmitted the pertinent parts of the petition and supporting materials to the State, with information in response * Pursuant to the terms of Article 17(2) of the Rules of Procedure of the Commission, its President, Juan E. Méndez, a national of Argentina, did not participate in the discussion or decision on the present case. 1