10
60.
In this sense, Molina stated the following: “They were telling us what we had to say and hitting
us; and when they weren’t hitting us, they threatened us constantly.” For his part, Nefle stated the following:
[...] As they asked us for documents and we didn’t have them, they took us in to check our records, but
then they wanted us to take responsibility for the death of the brother of the boy [Francisco Virgilio
Gutiérrez]. We didn’t have anything to do with it.
They hit us. They made me lift up my shirt and told me they would use the picana and stuff, and they hit
me in the ribs [...]
61.
When asked what the officers said to them, Nefle responded: “That we had to take
21
responsibility for everything that they were telling us.”
62.
Before the same Special Investigative Commission, Mrs. Claudia Francisca Acuña, mother of
the woman who at that time was the concubine of Officer Alejandro Daniel Santillán, stated that she had not
told the truth to the Judge handling the investigation. In that sense, she indicated to the members of the
Commission that
They threatened me that they were going to take away the baby [her granddaughter [...] the father [of
Alejandro Daniel Santillán] and his brothers threatened me that they were going to take away the
granddaughter [...] That day he came more or less at two in the morning [... on] they day that they killed
22
Gutiérrez’ brother. I had stated that it was 11:20 [...] I stated that and I repent.
63.
Mrs. Acuña added that her son, Adolfo Ricardo Salvador, was also threatened by Mr. Daniel
Santillán and his father. She indicated that, “Dani’s father also told him ‘You have to say this and this, because if you
don’t we’re going to knock you off.‘”
64.
Mrs. Acuña made similar statements on February 17, 1997, at the Fifth Precinct of the
Federal Police, clarifying that during the oral trial of Alejandro Daniel Santillán for the murder of Deputy
Commissioner Jorge Omar Gutiérrez, she had testified according to what Santillán’s parents had told her
to due to their threats. She said those threats were repeated during the entire proceeding, up until the
23
moment when Santillán was freed.
65.
It is recorded that on September 5, 2000, the “Santillán, Alejandro Daniel s/Homicide”
case was ordered reopened at the request of one of Jorge Omar Gutiérrez’ family members. The case
was reopened under Dr. Marcela Inés Garmendia with Transitional Court No. 2 of the Judicial Department
of the City of La Plata to continue the investigation into the death of Deputy Commissioner Gutiérrez in
order to take other evidence-gathering measures and find the identity of the individual responsible for the
24
crime.
66.
On September 26, 2000, former police officer Luis Elio Lofeudo testified before the
Transitional Court No. 2 of the La Plata Department. In his testimony, he described the steps taken and
the evidence gathering in which he participated toward the beginning of the investigation carried out into
the death Jorge Omar Gutiérrez. He also stated that in November of 1996, after he had retired from the
police force, he heard the news that Santillán had been acquitted. He added that “on hearing that news, I
21
Annex 13. Copy of the National Congress’ stenographic versions of the testimony given before the Special
Investigative Commission of the Chamber of Deputies of the Congress of the Nation. Annex filed by the petitioners in
communication dated October 6, 1999.
22
Annex 13. Copy of the National Congress’ stenographic versions of the testimony of Mrs. Claudia Francisca Acuña. Annex
filed by the petitioners in communication dated October 6, 1999.
23
Annex 14. Copy the statement of Mrs. Claudia Francisca Acuña at the Fifth Precinct of the Federal Police. Annex filed
by the petitioners in communication dated October 6, 1999.
24
Annex 15. Resolution issued on September 5, 2000, by Transitional Court No. 2 of the La Plata Judicial District.
Annexes to the pleadings on the merits submitted by the petitioners in writing on July 16, 2003.