C.2.
Guarantees of non-repetition
165. The Court recalls that the State must prevent the recurrence of human rights
violations such as those described in this case and, to this end, adopt all the necessary
legal, administrative and any other measures to make the exercise of these rights
effective, 272 in accordance with the obligations to avoid similar acts occurring in the future,
in compliance with the obligations to prevent violations, and guarantee the human rights
recognized by the American Convention. 273
C.2.1.
Training for police agents
166. The representatives asked the Court to order the State to guarantee that the career
of Jorge Omar Gutiérrez and the reasons for his death are part of the compulsory curriculum
of the training program of the Federal Police, and the Police of the province of Buenos Aires,
as well as of the Judicial Police of the province of Buenos Aires. In the Agreement signed by
the representatives and Argentina, the “National State and the province of Buenos Aires
undert[ook] to include the ‘Gutiérrez case’ in the training curricula of the law enforcement
personnel subject to its jurisdiction.” The Commission did not refer to this point.
167. Taking into account the particularities of this case, the Court considers it important
to strengthen the institutional capacities at the level of the province of Buenos Aires and at
the federal level in Argentina by training its law enforcement personnel in order to avoid the
repetition of events such as those analyzed in the instant case. Regarding the training on
the protection of human rights, in its case law, the Court has considered that this is a way
of providing public officials with new expertise, developing their capacities, allowing them to
specialize in certain innovative areas, preparing them to occupy different posts, and
adapting their capacities to improve their performance of the tasks they are assigned. 274
168. The Court assesses positively the State’s willingness to include the “Gutiérrez case”
in the training curricula of law enforcement personnel subject to the jurisdiction of the
National State and the province of Buenos Aires. Thus, taking into account the human rights
violations committed by State agents, as well as the impunity of the case, the Court orders
that, without prejudice to the training programs on human rights for public officials that
already exist in Argentina, the State incorporate into the training courses or curricula of the
Argentine Federal Police and of the Police of the province of Buenos Aires, as well as of the
Judicial Police of that province, within a reasonable time and with the respective budgetary
envelope, training courses on the obligations of respect for and guarantee of human rights,
particularly the right to life, on the obligation to investigate with due diligence, and on
effective judicial protection, as well as on control of conformity with the Convention,
referring to this case and to this Judgment.
C.2.2.
Regulation and implementation of external control mechanisms for the
federal police forces, improvements in the investigative capacity of the system of
justice, establishment of the Judicial Police of the province of Buenos Aires, and
of effective protection systems for victims and witnesses
272
Cf. Case of Velásquez Rodríguez, Reparations and costs, supra, para. 166, and Case of Luna López, supra,
para. 234.
273
Cf. Case of Velásquez Rodríguez, Reparations and costs, supra, para. 166, and Case of Suárez Peralta,
supra, para. 195.
274
Cf. Case of Claude Reyes et al. v. Chile. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 24, 2008, nineteenth considering paragraph, and Case of Radilla
Pacheco, supra, para. 346.
57
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