investigator of the proceeding initiated based on the execution of Mr. Gutiérrez “some days
before he had to go and testify on [the latter’s] murder.” They also argued that the
“judiciary consolidated the impunity” by “conducting an extremely deficient investigation,
fraught with irregularities,” with “a deliberate lack of action.” 187 Based on all the above, the
representatives argued that Argentina had violated Articles 8 and 25 of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Jorge Omar Gutiérrez and
his family members.
95.
The State “accepted the conclusions of the Commission’s Merits Report […] with
regard to the next of kin of [Assistant Commissioner] Gutiérrez […] owing to the alleged
violation of the rights […] recognized in Articles […] 8 and 25 [of the American Convention,]
in relation to Article 1(1) of this international instrument” because the judicial investigation
into the murder of Jorge Omar Gutiérrez “was not conducted in accordance with the
required international standards.”
B. Considerations of the Court
96.
In light of Argentina’s acknowledgement of the violation of the rights to judicial
guarantees and protection to the detriment of the next of kin of Assistant Commissioner
Jorge Omar Gutiérrez, the Court will refer to lack of effectiveness of the investigations and
proceedings conducted into the extrajudicial execution of the latter, taking into account the
obligation of the State agents to act with due diligence and within a reasonable time, in
accordance with Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1) of this
instrument.
97.
The Court has established that, under the American Convention, States Parties are
obliged to provide effective judicial remedies to the victims of human rights violations
(Article 25), 188 remedies that must be substantiated in keeping with the rules of due process
of law (Article 8(1)), 189 all within the general State obligation to ensure the free and full
exercise of the right recognized by the Convention to all persons subject to their jurisdiction
(Article 1(1)). 190 In addition, it has indicated that the right of access to justice must ensure,
within a reasonable time, the right of the presumed victims or their next of kin that
everything necessary is done to discover the truth of what happened and to investigate,
prosecute and punish, as appropriate, those found responsible. 191
187
Among other matters, the representatives indicated that: (a) important leads that emerged at the start of
the investigation were not followed up on; (b) witnesses were not sought diligently; (c) there was a failure to
investigate the other individual presumably responsible for the death of Mr. Gutiérrez; (d) adequate measures
were never taken to protect the witnesses who were threatened; (e) progress in the investigation was the result of
the efforts of the next of kin of Mr. Gutiérrez; (f) “different officials of the Police of the province of Buenos Aires
who tried to make progress in the investigation and began to discover irregularities were suddenly assigned to new
tasks that prevented them from continuing”; (g) “both police forces circulated false versions about the causes of
the death” of Mr. Gutiérrez, and (h) the judge of the proceeding ordered the closing of the investigation and
decided to archive it only a few months after initiating it and without having taken a decision on measures taken
by the injured parties.
188
Cf. Case of Fairén Garbi and Solís Corrales v. Honduras. Preliminary objections. Judgment of June 26,
1987. Series C No. 2, para. 90, and Case of the Massacres of Río Negro v. Guatemala. Preliminary objection,
merits, reparations and costs. Judgment of September 4, 2012. Series C. No. 250, para. 191.
189
Cf. Case of Godínez Cruz v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C No. 3,
para. 92, and Case of Mohamed v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of
November 23, 2012. Series C No. 255, para. 82.
190
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series
C No. 1, para. 91, and Case of the Massacres of El Mozote and nearby places supra, para. 242.
191
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C
No. 100, para. 114, and Case of the Massacres of El Mozote and nearby places, supra, para. 242.
38
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