on non-applicability filed by the injured party and order[ed] Chamber I of the Criminal
Appeals and Guarantees Chamber [of the Judicial Department] of La Plata, to conduct the
public oral proceeding with the [presumed participant]” and rejected as inadmissible the
special appeal on unconstitutionality and the special appeal of nullity. 153 The injured parties
filed a special federal appeal against this decision. Lastly, on September 27, 2013, the
Criminal Secretariat of the Supreme Court advised that the special federal appeal was being
examined to decide on its admissibility. 154
VIII
MERITS
73.
In light of the considerations in Chapter IV on the acknowledgement of responsibility
made by Argentina and the Agreement signed by the parties, in this chapter the Court will
analyze, in particular with regard to the obligation to respect and ensure the right to life,
first, the acts that constituted the State’s failure to comply with its obligation to respect the
right to life; second, those facts that resulted in Argentina’s failure to comply with its
obligation to investigate the murder of Jorge Omar Gutiérrez effectively in order to ensure
his right to life, and the right to the judicial guarantees and judicial protection of his family
members and, lastly, the violation of the right to personal integrity of the latter owing to the
events that occurred.
VIII-1
RIGHT TO LIFE IN RELATION TO THE OBLIGATION TO RESPECT RIGHTS
A. Arguments of the parties and of the Commission
74.
The Commission considered, taking into account the body of evidence and the
indications of the participation of State agents, as well as the absence of a diligent
investigation by the State, that Argentina had failed to comply with its obligation to respect
and protect the life of Jorge Omar Gutiérrez, in violation of Article 4(1) of the American
Convention, in relation to Article 1(1) thereof. In this regard, it found that there was
sufficient evidence, “in both the criminal proceedings, and in the special investigation
carried out by the Special Investigative Commission of the Chamber of Deputies,” to confirm
the participation of agents of the State in the violation of the right to life, which gave rise to
Argentina’s responsibility for the violation of the obligation concerning respect. In addition,
in the context of the obligation concerning guarantee, the Commission indicated that the
death of Mr. Gutiérrez remains in impunity. It also emphasized that the final report of the
Special Investigative Commission of the Chamber of Deputies referred to the relationship
that existed between the execution of Jorge Omar Gutiérrez and the case of the “parallel
customs house.” For their part, the representatives agreed, in general, with the arguments
presented by the Commission.
153
Cf. Decision of June 18, 2013, of the Supreme Court of Justice of the province of Buenos Aires (merits file,
folios 1496 to 1502).
154
Cf. Communication of October 29, 2013, addressed by the President of the Criminal Appeals and
Guarantees Chamber to the Deputy Secretary for the protection of human rights of the Human Rights Secretariat
of the Ministry of Justice and Human Rights (merits file, folio 1453). The representatives indicated in their brief
with observations on the useful evidence forwarded by the State, that their “claim [against impunity] had not been
recognized in a decision of the Supreme Court of Justice of the province of Buenos Aires of October 23, 2013,
[which] rejected the special federal appeal filed by the petitioners, and which led them to file a remedy of
complaint before the Supreme Court of Justice of the Nation.” However, they did not submit evidence on this point.
31
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