c.2.
Recommendations. Consequently,
recommendations to the State:
the
Commission
made
the
following
•
Conduct a complete, impartial, effective and prompt investigation of the facts with the
goal of establishing the identities of the perpetrators and the masterminds, as well as all
individuals who participated in the facts related to the execution of Jorge Omar Gutiérrez, and
punishing them.
•
Conduct a full, impartial, effective and prompt investigation into the individuals
belonging to different State bodies who have been involved in the investigations and proceedings
carried out with regard to the facts of this case in order to determine responsibility
(administrative, disciplinary, criminal, or of any other kind that may apply) for the deficiencies in
the investigation, processing of the facts, and obstructions that have resulted in impunity.
•
Provide adequate reparations to the next of kin of Jorge Omar Gutiérrez for the
violations of their human rights. 2
d. Notification to the State. The Merits Report was notified to the Argentine State by a
communication of April 19, 2011, granting it two months to report on compliance with the
Commission’s recommendations. On June 17, 2011, the State requested an extension to
present information on progress in the implementation of the recommendations, and it was
granted one more month. The State presented the required information on August 1, 2011,
when this period had already expired.
e. Submission to the Court. On August 19, 2011, considering “that, from the
information provided, [it would appear that] the State has not adopted specific measures to
comply with the recommendations made in the Merits Report,” the Commission submitted
all the facts and human rights violations described in the Merits Report, “owing to the need
to obtain justice […].” The Commission appointed Luz Patricia Mejía, then Commissioner,
and Santiago A. Canton, then the Executive Secretary, as its delegates, and its Deputy
Executive Secretary, Elizabeth Abi-Mershed, and Karla I. Quintana Osuna, Paulina
Corominas and María Claudia Pulido, lawyers of the Executive Secretariat, as its legal
advisers.
3.
Request of the Inter-American Commission. Based on the above, the Commission
asked the Court to declare the international responsibility of Argentina for the violation of
the right to life, recognized in Article 4 of the Convention, in relation to Article 1(1) of this
instrument, to the detriment of Jorge Omar Gutiérrez, and the rights to personal integrity,
judicial guarantees and judicial protection recognized in Articles 5, 8 and 25 of the
Convention, in relation to Article 1(1) thereof, to the detriment of the next of kin of the
victim, specifically, his widow, Nilda del Valle Maldonado de Gutiérrez, his three children,
Marilin Verónica, Jorge Gabriel and David, all with the surname Gutiérrez, and his brother,
Francisco Gutiérrez. In addition, it asked the Court to order the State to provide certain
measures of reparation, which will be described and examined in Chapter IX of this
Judgment.
II
PROCEEDINGS BEFORE THE COURT
4.
Notification of the State and the representatives. The State and the representatives
of the presumed victims were notified of the submission of the case by the Inter-American
Commission on January 26, 2012.
2
Cf. Merits Report No. 63/11 (merits file, folio 35).
5