complaint before the Supreme Court of Justice of the province of Buenos Aires. 80 On April
22, 1997, that court declared “that the special appeals filed had been rejected correctly.” 81
To counter this rejection, the injured party’s lawyer filed a special federal appeal in addition
to the special appeals on unconstitutionality, and on the inapplicability of the law, which was
granted by the First Chamber of the Appeals Chamber on April 28, 1998, forwarding the
proceedings to the Supreme Court of Justice of the Nation. 82 On November 12, 1998, that
court declared ‘the special appeal filed had been granted incorrectly,” because “it is not
addressed against the judgment delivered by the superior court.” 83
B. Other investigations conducted between 1994 and 1998
51.
Based on the death of Assistant Commissioner Gutiérrez, in parallel to the
preliminary investigation, the oral proceeding, delivery of judgment, and the appeals filed
(supra paras. 44 to 50), three investigations were opened and processed: (i) Administrative
Inquiry No. 808.998/94 Police of the province of Buenos Aires; (ii) Administrative Inquiry
No. 357-18-000001/94 Federal Police, and (iii) the investigation of the Special Committee of
the Chamber of Deputies of the National Congress. In addition, a criminal action was
opened in relation to the denunciations of “unlawful coercion” made by two adolescents
before Criminal and Correctional Court No. 5 (supra para. 45).
B.1. Administrative Inquiry No. 808.998/94 Police of the province of Buenos Aires
52.
On September 9, 1994, Administrative Inquiry No. 808.998/94 was opened in the
Administrative Inquiry Directorate of the Police of the province of Buenos Aires. In this
context, on September 13, 1994, the Directorate General of Judicial Affairs of the Police of
the province of Buenos Aires declared that “the death of Assistant Commissioner Jorge
Omar Gutiérrez could be attributed to ‘in itinere’ service.” 84 Nevertheless, owing to the
judicial action filed (supra paras. 44 to 50), which revealed prima facie “that he was
carrying out intelligence tasks,” the Police Inspector Supervisor of the province of Buenos
Aires annulled this decision on March 23, 1998, and declared that “the death of Assistant
Commissioner Jorge Omar Gutiérrez could be attributed to his functions.” 85
B.2. Administrative Inquiry No. 357-18-000001/94 Federal Police
53.
On September 26, 1994, the Ministry of the Interior of the Argentine Federal Police
opened Administrative Inquiry No. 357-18-000001/94, entitled “Prosecution of conduct” on
disciplinary grounds, against the federal police agent indicted as the presumed perpetrator
of the murder of Mr. Gutiérrez. 86 The Head of the Preventive Surveillance Division of the
80
Cf. Decision of April 28, 1998, issued by the First Court of the Criminal and Correctional Appeals Chamber
of La Plata (file of annexes to the pleadings and motions brief, folio 1800).
81
Cf. Decision of April 22, 1997, issued by the Supreme Court of Justice of the province of Buenos Aires (file
of annexes to the pleadings and motions brief, folios 1793 to 1797).
82
Cf. Decision of April 28, 1998, issued by the First Court of the Criminal and Correctional Appeals Chamber
of La Plata (file of annexes to the pleadings and motions brief, folios 1800 to 1802).
83
Cf. Decision of November 12, 1998, issued by the Supreme Court of Justice of the Nation (file of annexes
to the pleadings and motions brief, folio 1805).
84
Cf. Decision No. 81974 of September 13, 1994, of the Directorate General of Judicial Affairs (file of
annexes to the submission brief, folios 103 and 104).
85
Cf. Decision No. 104097 of March 23, 1998, Police Supervisor of the province of Buenos Aires (file of
annexes to the submission brief, folios 2623 to 2625).
86
Cf. Initial record of Administrative Inquiry Proceeding No. 1, file 357-18-000001/94 (file of annexes to the
pleadings and motions brief, folio 2115).
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