for false testimony in relation to the prosecution of Santillán, the file in one was lost, and charges
were dismissed in two others.
25. Finally, the petitioners contend that, because the State failed to file its response before the
Commission within the initial 90 days provided, it thereby waived its right to contest the
admissibility of the claims or controvert the facts alleged. Citing Article 42 of the Commission’s
former Regulations, and Article 39 of the current Rules of Procedure, as well as case law of the
Inter-American Court of Human Rights, they argue that any allegations on the part of the State
with respect to the nonexhaustion of domestic remedies should have been filed within that first
opportunity, and that the delay in the State’s response means it waived its right to contest the
allegations of law and fact set forth in the petition.
B.
The State
26. The State’s position may be summarized in six points. First, the State contends that the
petitioners’ claims concerning the absolution of Alejandro Daniel Santillán due to insufficient proof
are inadmissible because they would require the Commission to act as a so-called “fourth
instance” of review. The State maintains that the judicial process against Santillán, and the
investigation which preceded it, were carried out by the appropriate jurisdictional organs acting
within the spheres of their competence and in accordance with domestic law. For the Commission
to review this process would be for it to intervene in assessments of fact and internal law that
properly correspond to the domestic legal system. The State emphasizes that the trial of Santillán
produced his absolution because the prosecution was unable to produce sufficient evidence to
overcome the presumption of innocence in his favor, and took place with the full participation of
the parties, including the family of the victim.
27. Second, the State notes that, while the absolution of Alejandro Daniel Santillán produced a
final decision that is now res judicata, that decision only closed the inquiry as far as that accused
was concerned. The State indicates in this regard that the investigation process into the death of
the Deputy-Captain was reopened at the request of the Prosecutor’s Office, and remains open,
and that the Gutiérrez family continues to participate in it as a party. Accordingly, the
investigation can follow its course if new evidence becomes available. The State thus concludes
that the prosecution of Santillán and the ongoing investigation demonstrate that domestic
remedies have proven available and effective.
28. Third, the State argues that the petitioners’ claims concerning the right to life in the present
petition are manifestly unfounded. The State characterizes the petitioners’ positions with respect
to the motives for the killing and responsibility of state agents as speculative, and maintains that
they have provided no basis in law or fact to demonstrate the participation of any state agent in
the killing of Deputy-Captain Gutiérrez, or the failure of the domestic legal system to respond to
the crime.
29. Fourth, the State notes that its authorities have demonstrated their commitment to this
situation in various ways. It reports, for example, that the Police of the Province of Buenos Aires
modified the administrative classification of Gutiérrez’ death--initially listed as unrelated to
service--to being imputable to his service, thereby giving rise to a right to compensation for his
heirs. (The State notes that this administrative evaluation in no way implies any acceptance of
responsibility by the Province with respect to the present petition.) The State further notes the
actions of the Special Investigative Commission of the National Chamber of Deputies as evidence
of its interest in the full resolution of the matter.
30. Fifth, the State indicates that the petitioners themselves have demonstrated that domestic
remedies have yet to be exhausted, as they continue to pursue their claims before both the
domestic judicial authorities and the Inter-American Commission. The State characterizes the
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