3)
In this regard, and based on the conclusions developed by the Inter-American Commission in this regard
in its Report No. 63/11, and the victims in their [pleadings and motions brief], it can be inferred that the
res judicata decision which led to the acquittal of one of those accused of the murder of Jorge Omar
Gutiérrez should be classified as ‘fraudulent’; the parties request the Court, in its judgment, to rule
expressly on this point and on the legal consequences arising from it in relation to the international
obligations assumed by the Argentine State under the American Convention […]. Also, owing to the
particularities of the case, the parties request the Court to rule on the inadmissibility of the provisions of
the statute of limitations for the investigation and sanction of the other masterminds and perpetrators of
the extrajudicial execution of Jorge Omar Gutiérrez.
4)
With regard to the list of victims presented by the representatives in their [pleadings and motions brief],
the State accepts that Nilda Gutiérrez, sister of Jorge Omar Gutiérrez, should be considered a victim.
5)
Meanwhile, the parties undertake to follow up jointly on the commitments assumed in this document in
relation to the following matters:
a)
b)
c)
d)
e)
f)
g)
6)
The National State undertakes to organize a public act of acknowledgement of responsibility for the
violation of Articles 4, 5, 8 and 25 of the American Convention on Human Rights with regard to Jorge
Omar Gutiérrez and his family.
In honor of the memory of Jorge Omar Gutiérrez, the National State and the province of Buenos Aires
undertake to adopt measures to conserve and indicate the warehouse and the Police Precinct where
the events occurred that gave rise to this case.
The National State and the province of Buenos Aires undertake to include the “Gutiérrez case” in the
training curricula for the law enforcement personnel subject to their jurisdiction.
The National State undertakes to establish August 29 as the ‘National Day to Combat DrugTrafficking.’
The National State undertakes to implement, in conjunction with the authorities of the province of
Buenos Aires, a strategy for participation in the judicial proceedings against [one presumed
participant in the execution], as well as in the judicial investigations into those responsible for
covering up the murder of Jorge Omar Gutiérrez.
The National State and the province of Buenos Aires undertake to implement fully […] the provincial
Judicial Police, including the constitution of the Monitoring Committee to ensure its effective execution
in the Legislature of the province of Buenos Aires. In addition, they undertake to establish an effective
protection system for victims and witnesses.
The National State, through the national Ministry of Security, undertakes to make progress in the
implementation and regulation of external control mechanisms on the actions of the members of
federal law enforcement personnel and to make progress in the pending administrative and summary
actions against the members of the Argentine Federal Police it is responsible for who may have taken
part in the crime, or been accessories to it, or obstructed the investigation. In this context, it is
considered desirable that the […] Court endorse this agenda agreed by the petitioners and the
Argentine State and its respective timetable. This timetable was prepared and discussed during the
meetings held following the issue of Report No. 63/11, in the context of the contacts established
between the petitioners and all levels of Government involved in these proceedings (Government of
the Nation and Government of the province of Buenos Aires).
Lastly, the parties request the Court […] to rule – as established in Article 63 of the [American
Convention] – on the scope of the reparations in favor of the victims, which should include guarantees of
satisfaction, and measures of non-repetition, and compensation for pecuniary and non-pecuniary damage,
based on the principle of equity, as well as the costs and expenses incurred in the domestic and the
international jurisdiction.
18.
Likewise, it should also be emphasized that, during the public hearing, the State
reiterated the commitments made in the above-mentioned Agreement and acknowledged
“the untiring efforts of the family of Jorge Omar Gutiérrez, [and] of his legal representatives
[CELS], and of Luis Valenga, [in] seeking to obtain justice, [… and] the enormous patience,
dignity and moral force that they have shown during the whole of this process.” The State
also indicated that it had “no doubt that the decision that this Court adopts will contribute
decisively to the permanent removal of the mantle of impunity that covers this case, so that
those responsible for the crime [perpetrated against] Jorge Omar Gutiérrez may be tried
and duly punished, so that the victim’s family, despite everything, may achieve what we all
hope for this case: truth, justice, reparation, and […] commemoration.”
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