INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU August 19, 2011 Ref.: Case No. 12.221 Jorge Omar Gutiérrez and Family Argentina Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.221 Jorge Omar Gutiérrez y familia v Argentina (hereinafter “the State”, “the Argentinian State” or “Argentina”) before the jurisdiction of the Honorable Inter-American Court of Human Rights. The instant case refers to the murder of the deputy commissioner Gutiérrez on August 29, 1994, who was investigating a corruption case later known as "case of parallel customs" which there were involved important businessmen and government officials of high hierarchy. During the investigation two eyewitnesses affirmed that the perpetrators were agents of the Federal Police. The above mentioned witnesses recognized a police officer as the author of the murder. Another witness indicated the Inspector of the Police of the Province of Buenos Aires as the intellectual author of the facts. On the other hand, two youth people were detained and said they were tortured by agents of the Superintendent of Railway Safety of the Federal Police Argentina to confess to be guilty of the death of deputy commissioner Gutiérrez. Also, other witnesses have been threatened to indict these two young people who were alleging to have been tortured to take responsibility for the death of Mr. Gutierrez. In addition, an official involved in the investigation of death was removed from the investigation. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights P.O. Box 6906-1000 San José, Costa Rica On the facts of the case, an investigation was opened in the Ordinary Criminal Jurisdiction in which there were investigative deficit. In 2006, the judge in charge decided to temporarily dismiss the case "for not having been able to determine the involvement of others, receiver or accomplices in the act under investigation in which Jorge Omar Gutiérrez lost his life". The relatives of Gutierrez and the Prosecutor interposed appeals, before which the Court of Appeals and Criminal Guarantees