were police agents and showed her “the badge.” 169 Also, in the identification parade on
September 24, 1994, both witnesses identified a federal police agent 170 as one of the
supposed authors of the murder of Assistant Commissioner Gutiérrez. 171
82.
More than four months later, during the disciplinary proceeding of the Administrative
Inquiry by the Argentine Federal Police of the Ministry of the Interior (supra paras. 53 to
55), on February 1, 1995, the male eyewitness changed his testimony before the head of
the investigation, indicating, among other matters, that, when the events occurred, “really
[…he] was not paying attention to what was happening,” that he saw the author of the acts
“always standing up and just his back,” and that he “only saw him for a second.” He also
stated that, prior to the identification parade, he had been shown the indicted federal police
agent. 172 This statement was ratified by the said witness during the public oral hearing of
the oral proceeding against the said federal police agent before the First Court of the
Appeals Chamber on November 11, 1996 (supra para. 47).
83.
Approximately three months after the delivery of the verdict and judgment of
November 15, 1996, and before the Special Investigative Commission of the Chamber of
Deputies of the National Congress (supra para. 56), the male eyewitness stated that he had
been obliged to change his testimony because “the Federal Police grabbed [him], detained
[him] and took him to the Constitución [Police Precinct in] and began to beat [him], brainwashed [him and] put a gun to [his] head,” adding that he continued to receive threats. 173
Likewise, during the criminal proceedings, on March 25, 2004, he stated before the
Assistant Commissioner in charge of the Special Investigative Committee of the Ministry of
Security of the province of Buenos Aires (supra paras. 64 and 65): “what I testified in the
beginning, in the La Plata Precinct, is […] the truth; afterwards, the Federal Police grabbed
me, they threatened me, they simulated that they would shoot me, they told me that they
would kill me; consequently, during the trial I said what I said; the truth of everything I
know is what I said in the Chamber of Deputies.” He explained that “during the oral
proceeding he was obliged to give a different version to the truth, because he was
threatened [by] different people who he knew to be federal police agents,” who “also told
him what he had to testify.” Regarding the content of the statement he made in the
Administrative Inquiry (supra para. 54), he stated “that this was made under threat of
death.” 174
169
Cf. Statement of the male eyewitness of September 14, 1994, before the Second Police Precinct of La
Plata (file of annexes to the pleadings and motions brief, folios 1748 to 1754); Statement of the female eyewitness
of September 22, 1994, before Criminal and Correctional Court No. 5 of La Plata (file of annexes to the submission
brief, folios 111 to 113), and Statement of the male eyewitness of September 22, 1994, before Criminal and
Correctional Court No. 5 of La Plata (file of annexes to the submission brief, folios 107 and 108).
170
Cf. Verdict of November 15, 1996, delivered by the First Court of the Criminal and Correctional Appeals
Chamber of La Plata (file of annexes to the submission brief, folio 135); Judgment of November 15, 1996,
delivered by the First Court of the Criminal and Correctional Appeals Chamber of La Plata (file of annexes to the
pleadings and motions brief, folio 1784), and Administrative Inquiry File No. 357-18-000001/94. Case: Prosecution
of conduct. Administrative Investigations Department of the Argentine Federal Police (file of annexes to the
pleadings and motions brief, folio 2113).
171
Cf. Record of the identification parade in the presence of the male eyewitness on September 24, 1994,
before the Second Police Precinct of La Plata (file of annexes to the submission brief, folios 116 and 117), and
Record of the identification parade in the presence of the female eyewitness on September 24, 1994, before the
Second Police Precinct of La Plata (file of annexes to the submission brief, folios 119 and 120).
172
Cf. Statement of the male eyewitness, Administrative Investigations Department, Ministry of the Interior
of the Argentine Federal Police (file of annexes to the pleadings and motions brief, folios 2198 to 2209).
173
Cf. Copy of the typewritten versions of the statements presented to the Special Investigative Commission
of the Chamber of Deputies of the National Congress (file of annexes to the submission brief, folios 150 to 152,
166 and 168).
174
Cf. Statement of March 25, 2004, Special Investigating Committee of Quilmes (file of annexes to the
pleadings and motions brief, folio 1917).
34
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