2
revoked the dismissal. The judge considered her intervention in the case might be
biased and she excused herself from the case. Nevertheless, her recusation was
denied. In December 2009, the judge ruled to provisionally dismiss Francisco Severo
Mostajo on the grounds that there was not sufficient evidence to impute to him the death
of Jorge Omar Gutierrez. Regarding the administrative proceedings, it concluded in 2001
that the death of Jorge Omar Gutierrez was attributable to service has deputy
commissioner and that his family has with the right to be compensated.
In synthesis, after 17 years of the execution of the deputy commissioner Jorge
Omar Gutiérrez, there is still no certain of the circumstances of his death and no one has
been sanctioned by his murder. To criterion of the IACHR, this configures a situation of
impunity.
The State ratified the American Convention on Human Rights on August 14,
1984 and accepted the contentious jurisdiction of the Court on September 5, 1984.
The Commission has designated Commissioner Luz Patricia Mejia and Executive
Secretary of the IACHR Santiago A. Canton, as its delegate. Likewise, Elizabeth AbiMershed, Deputy Executive Secretary, Karla I. Quintana Osuna, Paulina Corominas and
María Claudia Pulido have been designated to serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American
Court, the Commission is enclosing a copy of Merits Report No. 63/11, prepared in
compliance with Article 50 of the American Convention, as well as a copy of the entire
file before the Inter-American Commission (Appendix I) and the documents used to
elaborate the report 63/11 (attachments). The Merits Report was notified to the State by
means of communication of April 19, 2011, granting two months to the State in order to
inform its fulfillment of the recommendations. By means of communication of June 17,
2011, the State requested an extension. In this communication the State informed that “it
forwarded the merits report to the national authorities with competence regarding the
recommendations, requesting to submit comments with regards to the Commission’s
conclusions" This extension was granted for a period of one month. On August 1, 2011,
the IACHR received a communication from the State in which it reported the progress in
implementing the recommendations of Report 63/11.
In that communication, the State reported its measure in connection with the
recommendation 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.
The State reported that on April 14, 2011 and in accordance with the provisions of Article
215 of the CPP (Law 3589), the court closed the pre-trail phase with respect to the codefendant Mostajo. This resolution was being notified to the parties. Regarding the
above mentioned recommendations, the prosecutor stated that the measures taken or to
be taken by the Public Prosecutor "will eventually emerge and to be raised at the hearing
for debate." Moreover, it was stated that the merits report was submitted to the Supreme
Court asking to indicate measures taken or to be taken to implement the
recommendations.
The State provided no information about the recommendations relative to the
complete, impartial, effective and prompt investigation with regard to the various state
bodies that have been involved in the investigations and prosecutions carried out