locked; 202 (b) in testimony of September 18, 1994, before the Second Police Precinct of La
Plata, an adolescent denounced that he had been falsely accused, together with another two
adolescents, of the murder of Mr. Gutiérrez before the La Plata Investigations Unit of the
Police of the province of Buenos Aires and the Roca Division of the Argentine Federal Police
(supra para. 45), and been threatened with beatings and death by a federal police agent,
and that he “was afraid that they would kill [him] because [he] denounced this” 203 and, on
March 7, 1995, he denounced before another court that he and another adolescent had
suffered “unlawful coercion and had been beaten “on the right leg and on the stomach” by
the above-mentioned federal police agent and another police agent; 204 (c) in a statement of
September 22, 1994, before Criminal and Correctional Court No. 5 of La Plata, the male
eyewitness identified the perpetrator of the murder as an agent of the Argentine Federal
Police (supra para. 45), and the female eyewitness indicated that one of the perpetrators of
the murder identified himself as a police agent, showing her a credential and a “metal
badge,” 205 and (d) in a statement of September 29, 1994, before the same court, the
female eyewitness indicated that she was “terrified and feared for her life and for that of
another witness who ha[d] testified in the proceeding” (supra para. 45).
105. Despite the foregoing, there is no evidence in the case file that any measures were
taken to determine whether these indications could have been related to the motive for the
execution of Mr. Gutiérrez, or to determine whether other State agents could have been
involved in this incident. In fact, as indicated by the Inspector who collaborated in the
investigation of the execution of Mr. Gutiérrez from the start, the “only motive that […] was
mentioned as reasonable at any time […] was never examined thoroughly at either of the
two stages of the criminal proceedings.” 206 Similarly, the other Inspector who took part in
the investigation stated that “one of the significant versions that was discussed initially was
that the murder of Assistant Commissioner Gutiérrez might be related to a bonded
warehouse located behind the Avellaneda [Second] Precinct”; however, he did not know
why “this lead was never followed up on.” 207 Thus, during this proceeding, it was not
possible “to uncover the reason why [Assistant] Commissioner Gutiérrez was killed.” 208
Consequently, the Court finds that the investigation initiated into this act failed to follow up
on logical lines of inquiry that had arisen during the investigation.
106. In addition, during the oral proceeding against the federal police agent indicted,
conducted by the First Court of the Criminal and Correctional Appeals Chamber of La Plata
(supra para. 47), there were also certain omissions in the collection of evidence. In this
regard, the Court notes that at least three witnesses did not appear to testify during the
proceeding, even though they had been summoned, and that another “was not
202
Cf. Statement of Nilda del Valle Maldonado de Gutiérrez (file of annexes to the pleadings and motions
brief, folios 1731 to 1732).
203
Cf. Proceeding 57,927, “[…] Report of unlawful coercion,” National Criminal Court of First Instance No. 32
(file of annexes to the pleadings and motions brief, folios 2097 to 2100).
204
Cf. Proceeding 57,927, “[…] Report of unlawful coercion,” National Criminal Court of First Instance No. 32
(file of annexes to the pleadings and motions brief, folio 2104). In addition, it is recorded in the decision of the
First Instance Judge of March 13, 1995, that he had also denounced that the said police agents “obliged him to
testify in the case” of Mr. Gutiérrez “by beating him.”
205
Cf. Copy of the statement of the [female eyewitness] given before the judge presiding Criminal and
Correctional Court No. 5 of La Plata (file of annexes to the submission brief, folios 112 and 113).
206
Cf. Brief of May 4, 1999, addressed to Transitional Court No. 2 (file of annexes to the pleadings and
motions brief, folio 1826-29).
207
Cf. Statement before Transitional Court No. 2 of October 5, 2000 (file of annexes to the submission brief,
folios 213 to 217).
208
Cf. Verdict of November 15, 1996, delivered by the First Court of the Criminal and Correctional Appeals
Chamber of La Plata (file of annexes to the submission brief, folio 133).
41
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