September 24, 1994, the said eyewitnesses took part in an identification parade in front of
Commissioner Piazza, 61 and (e) on September 29, 1994, the male eyewitness ratified the
contents of the record of the identification parade before the investigating judge. 62
Meanwhile, the female eyewitness stated that she was “terrified,” that she “fear[ed] for her
life,” and that she “was unwilling to take […] any action.” 63
46.
When these investigative procedures had been completed, the only individual
indicted in the case was a Federal Police agent 64 belonging to the Preventive Surveillance
Division of the Railway Security Superintendence, 65 who, as of September 23, 1994, was
placed at the disposal of the investigating judge. 66 Finally, he was charged with the crime of
murder aggravated by malice, with a request for life imprisonment with legal expenses and
costs. 67
A.2. Oral proceeding
47.
The only person indicted in this case for the crime of the murder of Assistant
Commissioner Jorge Omar Gutiérrez was prosecuted in an oral proceeding before the First
Court of the Criminal and Correctional Appeals Chamber of La Plata, province of Buenos
Aires (hereinafter “the First Chamber of the Appeals Chamber”) under case file No.
85,714. 68 During this oral proceeding, on May 26, 1995, Nilda del Valle Maldonado de
Gutiérrez was recognized as injured party, 69 on November 5, 1996, the reconstruction of
the crime was conducted 70 and, on November 11 and 12, 1996, the public oral hearing was
held. 71
61
Cf. Record of identification parade of September 24, 1994 (file of annexes to the submission brief, folios
116 to 117, and 119 to 120).
62
Cf. Record of hearings of September 29, 1994 (file of annexes to the pleadings and motions brief, folios
1759 and 1760).
63
1747).
Cf. Record of hearings of September 29, 1994 (file of annexes to the pleadings and motions brief, folio
64
Cf. Verdict of November 15, 1996, delivered by the First Court of the Criminal and Correctional Appeals
Chamber of La Plata (file of annexes to the submission brief, folio 135), and Judgment of November 15, 1996,
handed down by the First Court of the Criminal and Correctional Appeals Chamber of La Plata (file of annexes to
the pleadings and motions brief, folio 1784).
65
Cf. Cover of the file of Administrative Inquiry No. 357-18-000001/94. Case: Prosecution of conduct.
Administrative Investigations Department of the Argentine Federal Police (file of annexes to the pleadings and
motions brief, folio 2113).
66
Cf. Communication of September 26, 1994, Administrative Inquiry Proceeding No.1, file 357-18000001/94 (file of annexes to the pleadings and motions brief, folio 2116), and Communication of September 24,
1994, Administrative Inquiry Proceeding No.1, file 357-18-000001/94 (file of annexes to the pleadings and motions
brief, folio 2118).
67
Cf. Record of the oral proceeding of November 11 and 12, 1996, First Court of the Criminal and
Correctional Appeals Chamber of La Plata (file of annexes to the pleadings and motions brief, folios 1778 to 1780).
68
Cf. Verdict of November 15, 1996, delivered by the First Court of the Criminal and Correctional Appeals
Chamber of La Plata (file of annexes to the submission brief, folio 123).
69
Cf. Decision of May 26, 1995, First Court of the Criminal and Correctional Appeals Chamber of La Plata
(file of annexes to the pleadings and motions brief, folio 1762).
70
Cf. Record of oral proceeding of November 11 and 12, 1996, First Court of the Criminal and Correctional
Appeals Chamber of La Plata (file of annexes to the pleadings and motions brief, folio 1773).
71
According to the case file, during this hearing: (a) the only person indicted in the criminal proceedings
gave a statement; (b) thirteen police witnesses, eight civilian witnesses, and eight expert witnesses were
summoned to testify, and they ratified the signatures on their reports in the case file; (c) the two eyewitnesses
appeared, and a confrontation was held between them; (d) the defense withdrew three testimonies, and (e) the
prosecution and the defense presented their pleadings. Cf. Record of oral proceeding of November 11 and 12,
1996, First Court of the Criminal and Correctional Appeals Chamber of La Plata (file of annexes to the pleadings
and motions brief, folios 1765 and 1775).
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