84.
Second, the evidence reveals that, during the hearing of the oral proceeding before
the First Court of the Criminal and Correctional Appeals Chamber of La Plata (supra para.
47), on November 12, 1996, the then companion of the federal police agent who had been
indicted in the proceedings was summoned to testify, together with her mother.
Subsequently, before the Special Investigative Commission of the National Congress (supra
para. 56), the then mother-in-law of the accused federal police agent “acknowledged that
she had given false testimony in the criminal proceedings because she had been coerced by
her former son-in-law.” 175 She also stated that, after the said federal police agent had been
arrested, his father went “to look for all the weapons that he had at home. And he took
away the weapons.” 176 The evidence shows that, on February 17, 1997, the witness
reiterated this version before the Fifth Police Precinct of the Federal Police. 177
85.
Third, on November 17, 2000, the brother of the then companion of the accused
federal police agent testified before the judge of the proceeding that, on the day of the
death of Assistant Commissioner Gutiérrez, the police agent told him, on arriving back at
the house, that “we had to do away with a rozzer.” He also indicated, “that, a few days
later,” the father of the accused federal police agent, together with another two individuals,
took from his home “a shoe box where […] he kept weapons, revolvers and pistols, some of
them unassembled,” and that, on that occasion, the father of the said federal police agent
threatened him so that he would testify that the latter was at home on the day and at the
time of the incident, which he refused to do. 178
86.
Fourth, there is evidence that, during the preliminary investigation stage of the
criminal proceeding, two adolescents testified before the Commissioner in charge of the
investigation on September 18, 1994 (supra para. 45), that they had given testimonial
statements in other offices of the Police of the province of Buenos Aires and of the Federal
Police, in which they had falsely implicated two “boys” in the murder of Assistant
Commissioner Gutiérrez. In this regard, they rectified the said statements and stated that
they were obliged to give them under “threat from personnel of the “Roca Division of the
Argentine Federal Police,” providing the names they knew them by, and their description. 179
The two minors at the time of the events ratified these statements before the Special
Investigative Commission of the National Congress (supra para. 56) and added that they
had been “beaten” by personnel of the “Roca Division” and that, after revealing the truth of
their false confessions, they continued to be threatened. 180
87.
Fifth, during the criminal proceedings, on May 6, 1999, the Inspector who had
collaborated in the investigation into the violent death of Mr. Gutiérrez in 1994 presented a
brief to the judge of the proceedings describing, inter alia, a “series of confrontations and
175
Cf. Final report of the Special Commission of the Chamber of Deputies of the National Congress of
November 1997 (merits file, folio 946).
176
Cf. Typewritten versions of the statements of the then mother-in-law of the accused federal police agent,
and of Francisco Gutiérrez (file of annexes to the submission brief, folios 175 to 178 and 181).
177
Cf. Statement of February 17, 1997, before the Fifth Police Precinct of the Argentine Federal Police (file of
annexes to the submission brief, folios 202 and 203).
178
Cf. Statement of November 17, 2000, before Transitional Court No. 2 of the La Plata Judicial Department
(file of annexes to the submission brief, folios 247 to 248).
179
Cf. “Case 57,927, ‘report of illegal coercion,’ National Criminal Court of First Instance No. 32” (file of
annexes to the pleadings and motions brief, folios 2098 to 2100), and Statement before the Second Police Precinct
of La Plata of September 18, 1994 (file of annexes to the pleadings and motions brief, folios 2101 and 2102).
180
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 161 to 164).
35
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