surrounded the violent death of Assistant Commissioner Gutiérrez and the investigation
opened into this, in order to elucidate, insofar as possible, the truth of what happened, and
to determine the State’s responsibility derived from this, as well as measures to re-establish
the enjoyment of the violated rights, and the corresponding reparations.
23.
Furthermore, with regard to the legal arguments submitted by the parties, the Court
notes that the State rejected the parts of the pleadings and motions brief that presumably
assimilated the facts of this case to situations of a systematic or generalized nature. For
their part, the representatives explained that their arguments referred to “institutional
structural deficiencies” of the provincial system of justice and of the functioning of the police
forces involved (supra para. 20). The Court considers that the dispute remains on this point,
and it also observes that the arguments presented by the parties are closely connected to
the delimitation of the factual framework of the case, which will be analyzed in the chapter
on prior considerations.
24.
Despite the foregoing, the Court notes that the State assumed its international
responsibility for the violation of Article 4 of the American Convention, in relation to Article
1(1) thereof, to the detriment of Jorge Omar Gutiérrez, as well as of Articles 5, 8 and 25 of
the Convention, in relation to Article 1(1) of this treaty, to the detriment of his widow, Nilda
del Valle Maldonado de Gutiérrez, 13 his three children, Marilin Verónica, Jorge Gabriel and
Omar David, 14 all with the surname Gutiérrez, and his siblings, Francisco Virgilio Gutiérrez
and Nilda Elena Gutiérrez. 15 The Court decides to accept the acknowledgement made by the
State with regard to these violations and will analyze their scope in the corresponding
chapters.
25.
In addition, in the Agreement, the State and the representatives asked the Court to
rule expressly on the validity of the res judicata conferred on the acquittal of one of those
accused of the murder of Jorge Omar Gutiérrez, which, in their opinion, “deserves to be
classified as ‘fraudulent,’” and on the legal consequences derived from it. Likewise, they
asked the Court to refer to the inadmissibility of the provisions of the statute of limitations
in relation to the investigation and punishment of the other masterminds and perpetrators
of the extrajudicial execution of Jorge Omar Gutiérrez. In this regard, the Court will refer to
the said requests in the corresponding chapter of this Judgment.
26.
Regarding the reparations requested, in the Agreement the parties considered it
“desirable” that the Court endorse the “agenda agreed on” by them and “its respective
timetable.” However, when the Court requested that the said timetable be presented, the
State advised that the parties had “made progress on the said Agreement during successive
working meetings, without this including a detailed or precise timetable […],” and that it had
been considered “that when the Court delivers judgment, all the parties concerned […] will
work on the preparation of a timetable that includes approximate dates for each of the
points” agreed on (supra paras. 11 and 17). In this regard, the Court notes that, despite the
execution of the said Agreement, the dispute remains concerning some of the measures of
reparation requested and their scope (supra paras. 16 and 17). Consequently, the Court will
make the corresponding rulings in the respective chapter taking into account the Agreement
reached.
13
Cf. Copy of Passport (merits file, folio 818).
14
Cf. Birth certificates (file of annexes to the pleadings and motions brief, folios 2631 to 2633).
15
Cf. Affidavits of April 9, 2013 (merits file, folios 697 and 715).
12