3) In this regard, and based on the conclusions developed by the Inter-American Commission in this regard in its Report No. 63/11, and the victims in their [pleadings and motions brief], it can be inferred that the res judicata decision which led to the acquittal of one of those accused of the murder of Jorge Omar Gutiérrez should be classified as ‘fraudulent’; the parties request the Court, in its judgment, to rule expressly on this point and on the legal consequences arising from it in relation to the international obligations assumed by the Argentine State under the American Convention […]. Also, owing to the particularities of the case, the parties request the Court to rule on the inadmissibility of the provisions of the statute of limitations for the investigation and sanction of the other masterminds and perpetrators of the extrajudicial execution of Jorge Omar Gutiérrez. 4) With regard to the list of victims presented by the representatives in their [pleadings and motions brief], the State accepts that Nilda Gutiérrez, sister of Jorge Omar Gutiérrez, should be considered a victim. 5) Meanwhile, the parties undertake to follow up jointly on the commitments assumed in this document in relation to the following matters: a) b) c) d) e) f) g) 6) The National State undertakes to organize a public act of acknowledgement of responsibility for the violation of Articles 4, 5, 8 and 25 of the American Convention on Human Rights with regard to Jorge Omar Gutiérrez and his family. In honor of the memory of Jorge Omar Gutiérrez, the National State and the province of Buenos Aires undertake to adopt measures to conserve and indicate the warehouse and the Police Precinct where the events occurred that gave rise to this case. The National State and the province of Buenos Aires undertake to include the “Gutiérrez case” in the training curricula for the law enforcement personnel subject to their jurisdiction. The National State undertakes to establish August 29 as the ‘National Day to Combat DrugTrafficking.’ The National State undertakes to implement, in conjunction with the authorities of the province of Buenos Aires, a strategy for participation in the judicial proceedings against [one presumed participant in the execution], as well as in the judicial investigations into those responsible for covering up the murder of Jorge Omar Gutiérrez. The National State and the province of Buenos Aires undertake to implement fully […] the provincial Judicial Police, including the constitution of the Monitoring Committee to ensure its effective execution in the Legislature of the province of Buenos Aires. In addition, they undertake to establish an effective protection system for victims and witnesses. The National State, through the national Ministry of Security, undertakes to make progress in the implementation and regulation of external control mechanisms on the actions of the members of federal law enforcement personnel and to make progress in the pending administrative and summary actions against the members of the Argentine Federal Police it is responsible for who may have taken part in the crime, or been accessories to it, or obstructed the investigation. In this context, it is considered desirable that the […] Court endorse this agenda agreed by the petitioners and the Argentine State and its respective timetable. This timetable was prepared and discussed during the meetings held following the issue of Report No. 63/11, in the context of the contacts established between the petitioners and all levels of Government involved in these proceedings (Government of the Nation and Government of the province of Buenos Aires). Lastly, the parties request the Court […] to rule – as established in Article 63 of the [American Convention] – on the scope of the reparations in favor of the victims, which should include guarantees of satisfaction, and measures of non-repetition, and compensation for pecuniary and non-pecuniary damage, based on the principle of equity, as well as the costs and expenses incurred in the domestic and the international jurisdiction. 18. Likewise, it should also be emphasized that, during the public hearing, the State reiterated the commitments made in the above-mentioned Agreement and acknowledged “the untiring efforts of the family of Jorge Omar Gutiérrez, [and] of his legal representatives [CELS], and of Luis Valenga, [in] seeking to obtain justice, [… and] the enormous patience, dignity and moral force that they have shown during the whole of this process.” The State also indicated that it had “no doubt that the decision that this Court adopts will contribute decisively to the permanent removal of the mantle of impunity that covers this case, so that those responsible for the crime [perpetrated against] Jorge Omar Gutiérrez may be tried and duly punished, so that the victim’s family, despite everything, may achieve what we all hope for this case: truth, justice, reparation, and […] commemoration.” 9

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