8 50. According to information from the petitioners, the judge Federico Guillermo Atencio, who was in charge of that court, went to the scene of the murder and ordered a forensic examination by the personnel of the Special Technical Investigation Service of the Province of Buenos Aires. Experts in trace evidence, crime scene layout, ballistics and photography arrived. After carrying out the forensic examination, Judge Atencio ordered the collection of the body. 51. On September 9, 1994, an administrative investigation was opened into the death of Jorge Omar Gutiérrez, and on September 13 of that same year, the General Director of Judicial Matters issued a resolution declaring that the death of Deputy Commissioner Gutiérrez had taken place in 11 itinere. 52. The case file indicates that during the investigations carried out following the death of Jorge Omar Gutiérrez, two witnesses were found - David Ramón Silva and Alejandra Noemí Chumbita who were present when Mr. Gutiérrez was murdered. They both stated that agents of the Argentine Federal Police were responsible for the death. 53. In his statement given on September 22, 1994, before Judge Atencio, who was head of Criminal and Correctional Court No. 5 of the City of La Plata, David Ramón Silva, a vendor on board of the train, stated that he knew Mr. Gutiérrez by sight and the murderers by their nicknames, Chiquito and Colorado. He stated that he knew they were police officers because they charged a “toll” to all the vendors on the train and added that on the day of the incident, as he was walking through the train, [h]e looks up and sees two individuals who he knows are police officers, one known as Chiquito or Grandote, the other as Petizo. He knows both are deputy officers with the Federal Police because they carry out operations against the vendors, as the vendors are not authorized to conduct sales. It catches his attention given that at that time there were no vendors [...] At the Avellaneda station he sees a person get on the train [...] he sees that Chiquito sits behind the man who had sat down [...] He sees that the one known as Chiquito points a gun at a spot below and behind the left ear of the person who had gotten on the train at Avellaneda [...] At that same instant he heard a sound 12 similar to that of a fire cracker and had no doubt that what he had heard was a shot from the gun. 54. For her part, the witness Alejandra Chumbita stated that: I was seated in the same car as the deputy commissioner. Two individuals dressed like civilians enter. They go toward the next car and on the way confront the deputy commissioner. One of them stands to his side. They say something. The other walks a little bit further. He returns and fires the shot. That’s where I left, running. But they chase me. They grab me by the arm. They ask for my documents and tell me: Everything’s fine, we’re the police. The one who has me by the arm shows 13 me a badge and says: Don’t tell anyone what you saw. That guy was a drunk [...]. 55. Officer Alejandro Daniel Santillán was arrested on September 23, 1994. During the police line-up held on the following day, both David Ramón Silva and Alejandra Noemí Chumbita recognized Mr. 14 Alejandro Daniel Santillán - nickname Chiquito - as the perpetrator in the murder of Mr. Gutiérrez. Later, two youngsters named Cristián Iván Molina y Rubén Darío Nefle gave spontaneous statements incriminating themselves in the death of Deputy Commissioner Jorge Omar Gutiérrez. In this regard, the statement of former police officer Luis Elio Lofeudo should be highlighted: 11 Annex 5. Copy of resolution 81974 dated September 13, 1994, issued by the General Directorship of Judicial Matters. Annex submitted by the State through note dated September 26, 2001. 12 Annex 6. Statement of David Ramón Silva, September 22, 1994, before the Criminal and Correctional Court No. 5 of the City of La Plata, found in the case file “Santillán. Alejandro Daniel. Homicide.” Annexes filed by the petitioners in communication dated October 6, 1999. 13 Annex 7. Statement of Alejandra Noemí Chumbita de Domínguez , September 22, 1994, before the Criminal and Correctional Court No. 5 of the City of La Plata, found in the case file “Santillán. Alejandro Daniel. Homicide.” Annexes filed by the petitioners in communication dated October 6, 1999. 14 Annex 8. Copy of the entries into the record on the police line-ups held on September 24, 1994, in the case file “Santillán. Alejandro Daniel. Homicide.” Annexes filed by the petitioners in communication dated October 6, 1999.

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