C. Oscar Raúl Gorigoitia and the criminal proceedings against him 23. Oscar Raúl Gorigoitia is a naturalized Argentine national, born on July 29, 1949.3 At the time of the incidents, he was Staff Sergeant of the Police Force of Mendoza and member of the Motorized Unit.4 The next of kin of Mr. Gorigoitia is comprised of his spouse Berta Montenegro and his three children.5 24. The criminal proceedings against him were filed for the crime of homicide as a result of the death of Mr. Hugo Alejandro Gómez on August 31, 1996 in the context of a police chase after the latter failed to obey the order to get out of his motor vehicle. In said situation, backup was requested and four motorized police officers arrive at the scene, among whom Oscar Raúl Gorigoitia, who was with Víctor Agüero. It was indicated that, after shots were fired by Mr. Gorigoitia, Sergeant Hugo Sarmiento fired two shots at the lower part of the moving car, hitting the rear hood with one shot and a metal panel of the car’s body with the other shot. The car driven by Mr. Gómez stopped after these shots, and he was taken to a hospital where he was pronounced dead as a result of acute anemia because of internal hemorrhaging produced by the wound of a bullet from a firearm. 25. That same day, Mr. Gorigoitia and other police officers who participated in the chase were called to the Police Substation. The investigating judge appeared and proceeded to arrest said persons. 26. On September 6, 1996, a court ruling was issued whereby proceedings were filed against Mr. Gorigoitia for the crime of homicide, on the basis of Article 79 of the Criminal Code and Article 307 of the Criminal Proceedings Code. The judge indicated the following: In short, the death of the victim from the shot of a firearm, the lodging of the bullet as a result of the firing, the determination that this bullet was shot by the weapon of the accused, the report that shows that another shot was also fired from the same gun, and the statements of the police officers who witnessed Gorigoitia shoot the car of Gómez, from an angle that is compatible with the impacts found on the road, constitute without a doubt an a combination of evidence making it possible to hold the person being charged as the probable perpetrator of the death of Gómez.6 27. On September 12, 1997, the First Criminal Court of Mendoza convicted Mr. Gorigoitia for the crime of manslaughter and sentenced him to 14 years prison and absolute ineligibility for release for the same period of time. In connection with the qualification of the crime as a “manslaughter” and not a “culpable homicide,” which was alleged by the defense, the First Court stated the following: [Mr. Gorigoitia] started his homicidal act (…) with an inexcusable indifference to the possible harmful outcome. Gorigoitia was aware of the firearm and knew the consequences of using it in a high-speed chase, the typical outcome occurred and, despite this, he fired under these circumstances.7 3 Judicial Branch of Mendoza, Case File No. 16.073 “F. C/GORIGOITIA OSCAR RAUL P/MANSLAUGHTER” and its joinder, Agreement Room of the First Criminal Court, September 12, 1997, page 1, Attachment to the initial petition. 4 petition. Judicial Branch of Mendoza, Case File No. 73.872/1 “F. c/Gorigoitia, Oscar”, September 6, 1996, Attachment to the initial 5 Judicial Branch of Mendoza, Case File No. 16.073 “F. C/GORIGOITIA OSCAR RAUL P/MANSLAUGHTER” and its joinder Agreement Room of the First Criminal Court, September 12, 1997, page 1, Attachment to the initial petition. 6 petition. Judicial Branch of Mendoza, Case File No. 73.872/1 “F. c/Gorigoitia, Oscar”, September 6, 1996, Attachment to the initial 7 Judicial Branch of Mendoza, Case File No. 16.073 “F. C/GORIGOITIA OSCAR RAUL P/MANSLAUGHTER” and its joinder, Agreement Room of the First Criminal Court, September 12, 1997, page 3, Attachment to the initial petition. 5