26
V.
CONCLUSIONS
144.
Based on the foregoing analysis, the Commission concludes that the Argentine State is
responsible for the violation of the right to life enshrined in Articles 4 of the American Convention, with
regard to Article 1(1) of the Convention, to the detriment of Jorge Omar Gutiérrez. Likewise, the
Commission concludes that the State is responsible for the violation of the rights to humane treatment, a
fair trial and judicial protection, as enshrined in articles 5, 8 and 25 of the American Convention, to the
detriment of the relatives of the victim - specifically, his widow, their children and his brother, - with regard
to Article 1(1) of the Convention.
145.
This report will also make pertinent recommendations to the Argentine State.
VI.
RECOMMENDATIONS.
146.
Based on the analysis and conclusions found in this report, the Inter-American
Commission finds that the Argentine State should:
1.
Carry out a complete, impartial, effective and swift investigation of the facts with the goal
of establishing the identities of the perpetrators and the masterminds, as well as all individuals who
participated in the facts related to the execution of Jorge Omar Gutiérrez, and punishing them.
2
Carry out a full, impartial, effective and swift investigation into the individuals belonging to
different State bodies who have been involved in the investigations and processes carried out with regard
to the facts of this case in order to determine responsibility (administrative, disciplinary, criminal, or of any
other kind that may apply) for the deficiencies in the investigation and processing of the facts, deficiencies
which have resulted in impunity.
3.
Provide adequate reparations to the relatives of Jorge Omar Gutiérrez for the violations
of their human rights.