3
regarding the case facts people; or about the compensation for the relatives of Omar
Jorge Gutierrez.
Accordingly, the Inter-American Commission asks the Court concludes that the
States of Argentina has not showed progress on the compliance with the
recommendations.
The Commission refers the instant case to the jurisdiction of the Inter-American
Court based on the State’s failure to comply with the recommendations and the resulting
need to obtain justice in the instant case. The Commission submits to the Inter-American
Court all the facts and violations of Human Rights stated in the Report on the Merits
56/12 and request that the Inter-American Court declare that the State of Argentina is
responsible for: the violation of the right to life of article 4, Inter-American Convention in
regards to article 1.1 of the same instrument, in detriment of Jorge Omar Gutiérrez.
Furthermore, the Commission concludes that the State is responsible for the violation of
the right to the personal integrity, to the judicial guarantees and to the judicial protection
of articles 5, 8 and 25 of the Inter-American Convention respectively, in relation with
article 1.1 of the same convention, in detriment of the victim’s family, in specific, his wife,
children and brother.
Based on the foregoing conclusions, the Commission recommended to the State:
1.
to conduct a complete, impartial, effective and prompt investigation of the
facts, in order to identify and punish the intellectual and material responsibility of all
people who participated in the events related to the execution of Omar Jorge Gutierrez.
2.
to conduct a complete, impartial, effective and prompt with regard to the
people assigned to the different state organs which have been involved in the
investigation and procedures carried out on the occasion of the facts of this case, in
order to determine the responsibility that applies (administrative, disciplinary, cirminal or
of another natures) for the deficiencies in the investigation and prosecution, and
obstruction of the facts, which has led to impunity.
The Commission also emphasizes that the case presents issues of interAmerican public order in relation to the duty of States to respond effectively when there
is clear indications of concealment and deviation of the investigations by state
authorities. The human rights violations to the detriment of Jorge Omar Gutierrez and his
family occurred as a result of the lack of effective investigation by the Argentine judicial
authorities on the participation of state agents in the murder of Mr. Gutierrez.
Furthermore, the investigations implemented, including the judicial and the one
conducted by Congress, showed signs of manipulation regarding the gathering of
evidence, the obstruction of justice, the procedural delays and even the threat and
torture witnesses. In this regard, the Commission considers that this case will allow the
Court to develop its jurisprudence regarding the State's obligation to guarantee the right
to life through a serious, impartial and effective investigation, especially when state
actors are involved and there is also a cover-up by the authorities themselves.
Since these matters affect in a significant manner the inter-American public order
of human rights, pursuant to Article 35.1.f of the Rules of Procedure of the InterAmerican Court, the Commission would provide an expert testimony on the duty of the
States to give an effective response not only with regard to the violent death of a person,