14 rights recognized in articles 8 and 25 of the American Convention on Human Rights" and committed to "taking all necessary measures, with full respect for the division of powers, to broaden the investigations linked to the murder of Deputy Commissioner Jorge Omar Gutiérrez, as well as to guarantee the personal safety of his relatives." The Provincial State also expressed its commitment to "continuing its participation at the open dialog table in the framework of the case's friendly settlement proceeding for the purpose of evaluating, along with the National State and the petitioners, the progress of the investigations in motion, as well as to take all necessary measures within its range of authority to get justice in this case and avoid the repetition of similar incidents." It committed itself to "provide adequate reparations for the victim's 40 relatives." 80. On December 28, 2006, Judge Garmendia ruled to stay the case provisionally “for not being able to establish the participation of other perpetrators, accomplices or accessories to the incident 41 under investigation, in which Jorge Omar Gutiérrez lost his life. 81. On August 29, 2008, a tribute was held in the entryway to the 2nd Avellaneda Station at which the street running in front of the building was named “Comisario Mayor Jorge Omar Gutiérrez.” The 42 relatives of Jorge Omar Gutiérrez were present at the event. 82. The relatives of Deputy Commissioner Gutiérrez and the Prosecutor submitted requests for appeal, in response to which the Criminal Appeals and Guarantees Tribunal overturned the stay, giving merit to the testimony of the witnesses and indicating that there were indications allowing for suspicion of the involvement of Officer Francisco Severo Mostajo, nickname “Colorado.” For this reason he ordered that prosecutory action be pursued in that direction. Judge Garmendia found that her involvement in the case could be biased, and through a resolution dated March 31, 2009, she recused 43 herself. However on August 7, 2009, the recusal was denied. 83. Through a communication dated October 27, 2009, the Deputy Secretary of Justice of the Province of Buenos Aires reported to the General Directorship of Human Rights of the Ministry of Foreign Relations, International Trade and Culture that the statute of limitations in the case known as “Santillán Alejandro Daniel s/homicide, vta Gutiérrez Jorge Omar” had expired on August 26, 2009, as that was the date on which a hearing was set for receiving preliminary testimony. Mr. Francisco Severo Mostajo’s arrest was ordered “as a primary participant in the crime of aggravated murder with malice aforethought 44 with Jorge Omar Gutiérrez.” as the victim 84. On December 30, 2009, Judge Garmendia ordered once more to provisionally dismiss Francisco Severo Mostajo for the crime of aggravated homicide with malice aforethought in capacity as a primary participant on the consideration that there was not enough evidence to attribute the death of 45 Jorge Omar Gutiérrez to him. B. Analysis of Law 40 Annex 29. In OAS note 130, dated May 23, 2007, the Argentine government sent the Commission a copy of Decree No. 3241/2006 issued on December 4, 2006. 41 Annex 30. Resolution dated December 28, 2006, of Transitional Judge No. 2 of the Judicial Department of the City of La Plata. E-mail from the petitioners received on September 2, 2010, including an attached copy of the proceeding carried out over the death of Jorge Omar Gutiérrez. 42 Annex 31. Video sent by the petitioners showing images from the tribute held on August 29, 2008. 43 Annex 32. Copy of the resolutions mentioned provided by the petitioners by e-mail on September 2, 2010. 44 Annex 33. Report from the Deputy Secretary of Justice of the Province of Buenos Aires, October 27, 2009. E-mail from the petitioners received on September 2, 2010, including an attached copy of the proceeding carried out over the death of Jorge Omar Gutiérrez. 45 Annex 34. Resolution dated December 30, 2009, of Transitional Judge No. 2 of the Judicial Department of the City of La Plata. Anex submitted by e-mail by the petitioners, received on September 2, 2010.