41.
Jorge Omar Gutiérrez was born on November 5, 1952, in the Federal Capital, Buenos
Aires, Argentina. 45 On June 28, 1974, he married Nilda del Valle Maldonado, with whom he
had three children: Jorge Gabriel Gutiérrez, Omar David Gutiérrez and Marilin Verónica
Gutiérrez. 46 On March 1, 1970, he was a cadet at the Juan Vucetich Police Academy of the
province of Buenos Aires and, in August 1994, he was the Assistant Commissioner of Police
of Buenos Aires, in Avellaneda Police Precinct No. 2. 47
42.
On August 29, 1994, Assistant Commissioner Gutiérrez, then 41 years of age, was
murdered by a shot in the back of the neck, 48 while travelling by train to Quilmes, where he
lived with his wife and his three children. At the time of his death, Mr. Gutiérrez was
investigating a “bonded warehouse […] abutting the back of the [Avellaneda Second] Police
Precinct.” Some time later, this investigation was included in a series of cases of corruption,
smuggling, fraud, drug-trafficking, and unlawful association of public officials, inter alia,
throughout the country, known as “the case of the parallel customs house.” This case
concerned the existence of “several parallel customs houses of different sizes,” set up by
“different organizations that carried out large-scale [illegal] operations, with the complicity
of Administration officials and law enforcement personnel,” 49 and which was part of “a
profound institutional crisis […] from 1994 to 1996” that included “internal disputes between
sectors [of] the Federal Police and the Police of the province of Buenos Aires.” 50
43.
The lifeless body of Assistant Commissioner Gutiérrez was found on August 29,
1994, by a train guard who was travelling as a passenger. The body of Mr. Gutiérrez was
sitting in one of the carriages of the train and beside him was a case that was “open, and
contained […] some papers, an agenda, and two black pens.” 51 The guard on duty was
advised of the find, and when the train reached the La Plata terminal, he advised the station
master on duty, who then advised the police. 52
A. Preliminary investigation and oral proceeding stage (1994 to 1998)
45
Cf. Extract from police dossier of Jorge Omar Gutiérrez (file of annexes to the pleadings and motions brief,
folio 1998).
46
Cf. Birth certificate of Jorge Gabriel Gutiérrez (file of annexes to the pleadings and motions brief, folio
2631); Birth certificate of Omar David Gutiérrez (file of annexes to the pleadings and motions brief, folio 2633),
and Birth certificate of Marilin Verónica Gutiérrez (file of annexes to the pleadings and motions brief, folio 2632).
47
Cf. Extract from the Police dossier of Jorge Omar Gutiérrez (file of annexes to the pleadings and motions
brief, folios 1995, 1998 and 2004).
48
2627)./
Cf. Death certificate of Jorge Omar Gutiérrez (file of annexes to the pleadings and motions brief, folio
49
Cf. Final report of the Special Investigative Commission on the Probable Commission of Illegal Acts
Perpetrated or Produced in the National Customs Administration of November 1997 (merits file, folios 911, 912,
917, 964 and 1022).
50
Cf. Expert opinion provided by Alberto Binder before the Inter-American Court during the public hearing
held on May 21, 2013.
51
Cf. Testimony of the train guard of August 30, 1994, before the Second Police Precinct of La Plata (file of
annexes to the pleadings and motions brief, folios 1713 to 1715), and Record of site inspection of August 29,
1994, Second Police Precinct of La Plata (file of annexes to the pleadings and motions brief, folios 1705 to 1710).
52
Cf. Testimony of the train guard of August 30, 1994, before the Second Police Precinct of La Plata (file of
annexes to the pleadings and motions brief, folios 1713 to 1715); Testimony of the second train guard of
September 29, 1994, before the Preventive Surveillance Division of the Railway Security Superintendence, Ministry
of the Interior, Argentine Federal Police (file of annexes to the pleadings and motions brief, folios 2122 and 2123),
and Testimony of the above-mentioned second train guard of January 20, 2003, before the Department Directorate
of the Judicial Department of Investigations of San Isidro, Judiciary Investigations Police, Police of the province of
Buenos Aires (file of annexes to the pleadings and motions brief, folios 1849 and 1850).
18