the province of Buenos Aires and of the Federal Police, to National Criminal Court of First
Instance No. 32. In September 1994, proceeding No. 57,927 was opened before that court
for unlawful coercion, 105 and it was archived by the judge in charge of the investigation on
March 13, 1995, because the minors had “given an inadequate description [of the officials
who had presumably obliged them to testify], which made it impossible for the court to try
and identify them.” 106
C. Investigations undertaken as of 1998
58.
As of 1998, a disciplinary investigation was opened into the actions of the
investigating judge of proceeding No. 10,888 and the criminal investigation continued.
C.1. Disciplinary investigation
59.
Based on the actions taken by the investigating judge during the hearing of
proceeding No. 10,888 in Criminal and Correctional Court No. 5 of La Plata (supra paras. 45
and 46), a disciplinary investigation was initiated in the Judicial Control Secretariat of the
Supreme Court of the province of Buenos Aires. On May 12, 2004, the Assistant Prosecutor
General of the Supreme Court of Justice of the province of Buenos Aires issued his report in
which he concluded, “based on the summary information available,” that “the irregularities
he was able to verify were decisive for the failure of the investigation.” 107
C.2. Criminal investigation
60.
In view of the fact that, in the judgment of November 15, 1996, the First Chamber of
the Appeals Chamber ordered the case file to be returned to the original court so that the
investigation could continue, once the appeals filed after the oral proceeding had been
processed (supra para. 50), on December 17, 1998, proceeding 5-10888-2 entered
Transitional Court No. 2 of the La Plata Judicial Department, province of Buenos Aires,
because former Criminal and Correctional Court No. 5, which was originally in charge of the
criminal proceeding, had been incorporated into that court. 108 According to the case file, in
August 2009, this court was established as Court of Guarantees No. 5 of the La Plata
Judicial Department. 109 Nilda del Valle Maldonado and Francisco Gutiérrez participated as
injured parties in these criminal proceeding.
61.
On May 6, 1999, the Inspector who had collaborated in the investigation from the
start (supra para. 45) provided the judge of the proceeding with a brief describing
presumed obstructions to the said investigation and identifying one person as a participant
105
Cf. “Proceeding 57,927, National Criminal Court of First Instance No. 32” (file of annexes to the pleadings
and motions brief, folio 2098).
106
Cf. Decision of the investigating judge of March 13, 1995 (annexes to the pleadings and motions brief,
folio 2105).
107
Cf. Report of the Assistant Prosecutor General of the Supreme Court of Justice of Buenos Aires of May 12,
2004 (file of annexes to the submission brief, folio 287).
108
Cf. Decision of December 28, 2006, of Transitional Court No. 2 of the La Plata Judicial Department (file of
annexes to the submission brief, folios 300 and 301), and Decision of December 30, 2009, of Court of Guarantees
No. 5 of the La Plata Judicial Department (file of annexes to the submission brief, folio 320).
109
Cf. Decision of August 18, 2009, of Court of Guarantees No. 5 of La Plata (file of annexes to the pleadings
and motions brief, folios 2075 to 2078); Decision of September 18, 2009, of Court of Guarantees No. 5 of the La
Plata Judicial Department (file of annexes to the pleadings and motions brief, folios 1976 to 1980), and Decision of
December 30, 2009, of Court of Guarantees No. 5 of the La Plata Judicial Department (file of annexes to the
submission brief, folios 322 and 323).
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