opinions rendered by Mr. Alberto Bovino22 in the cases of Mendoza et al. v. Argentina and Amrhein et al. v. Costa Rica insofar as they are in keeping with the purpose defined by the President in the order requiring them and the purpose of this case. VII FACTS A. The criminal prosecution of Oscar Raúl Gorigoitía A.1 Arrest and pretrial detention 29. On August 31, 1996, Oscar Raúl Gorigoitía Guerrero was arrested along with other police officers for the murder of Hugo Alejandro Gómez Romagnoli23 (hereinafter “Mr. Gómez Romagnoli”). At the time of the facts, Mr. Gorigoitía was an Auxiliary Sergeant of the Mendoza Police and a member of the Motorized Unit.24 On September 6, 1996, the Investigating Judge issued the judicial order to convert Mr. Gorigoitía's arrest into pretrial detention based on subsection 1 of article 503 of the Criminal Procedural Code of the Province of Mendoza.25 In the same order, the investigating judge issued a ruling on Mr. Gorigoitía’s responsibility as an officer of the police force.26 Additionally, the investigating judge determined that the evidence obtained did not amount to “sufficient motive” to charge the other police personnel who took part in the chase with a crime, for which reason the only defendant in the case was Mr. Gorigoitía.27 A.2 Conviction 30. On September 12, 1997, the First Chamber convicted Mr. Gorigoitía of the crime of murder, sentencing him to 14 years in prison and a ban from public service for the same period of time. The Court found that the bullet that caused Mr. Gómez Romagnoli’s death was fired by Mr. Gorigoitía's weapon.28 As far as the classification of the crime as “murder,” the court found that Mr. Gorigoitía acted with “gross negligence,”29 given that “he began his commission of the In its brief submitting the case, the Commission requested the transfer of these expert reports “[i]n view of the fact that these issues significantly affect inter-American public order.” 23 Cf. Judgment of the Judiciary of Mendoza, File 16,073 “Prosecutor v. Gorigoitía Oscar Raúl for Murder” and its joindered case, Deliberation Room of the First Criminal Chamber, September 12, 1997 (evidence file, folios 14 and 51). Mr. Gómez Romagnoli died during a police chase that took place on August 31, 1996. Mr. Gómez Romagnoli was in his vehicle when a sergeant asked him if everything was OK. Mr. Gómez Romagnoli immediately fled, pursued by a number of police vehicles that increased as the pursuit continued. Shots were fired during the chase. One of those shots, coming from Mr. Gorigoitía's service weapon, hit Mr. Gómez, killing him. All the police officers who took part in the chase were detained and held incommunicado by order of the investigating judge, who was present at the Police Station. 24 Cf. Judgment of the Judiciary of Mendoza, File 16,073 “Prosecutor v. Gorigoitía Oscar Raúl for Murder” and its joindered case, Deliberation Room of the First Criminal Chamber, September 12, 1997 (evidence file, folio 2). In the order, the judge indicated that “the death of the victim due to the firing of a gun, the collection of the projectile that caused it, the determination that the projectile was fired by the defendant's weapon, the report that shows that the same pistol also fired another shot, and the statements of the police officers who saw Gorigoitía shoot at Gómez's car from an angle that matches the bullet holes found in the vehicle without question constitute a plexus of evidence supporting holding the suspect as the one likely to have caused Gómez’s death.” 25 Cf. Judgment of the Judiciary of Mendoza. File 73.872/1 “Prosecutor v. Gorigoitía, Oscar,” September 6, 1996 (evidence file, folios 124 and 131). Specifically, it stated that “[…] a 20-year veteran police officer knows the characteristics of this weapon, its range, and the damage it is capable of causing, because of course, he has been instructed and trained in its use.” Along the same lines, it added with regard to Mr. Gorigoitía that, “[…] in addition to being familiar with the weapon he was carrying, the Auxiliary Sergeant is a member of the Motorized Unit, which also makes him aware of the dangers involved in shooting from a moving vehicle.” 26 Cf. Judgment of the Judiciary of Mendoza. File 73.872/1 “Prosecutor v. Gorigoitía, Oscar,” September 6, 1996 (evidence file, folio 125). 27 Cf. Judgment of the Judiciary of Mendoza. File 73.872/1 “Prosecutor v. Gorigoitía, Oscar,” September 6, 1996 (evidence file, folio 130). 28 Cf. Judgment of the Judiciary of Mendoza, File 16,073 “Prosecutor v. Gorigoitía Oscar Raúl for Murder” and its joindered case, Deliberation Room of the First Criminal Chamber, September 12, 1997 (evidence file, folios 4 and 104). 29 Cf. Judgment of the Judiciary of Mendoza, File 16,073 “Prosecutor v. Gorigoitía Oscar Raúl for Murder” and its joindered case, Deliberation Room of the First Criminal Chamber, September 12, 1997 (evidence file, folio 101). 22 9