the Prosecutor General’s Office of the Supreme Court of Justice of Buenos Aires to continue
the investigation. In response, on September 20, 2001, 121 the Prosecutor General advised
that the Secretary of the Judicial Police of the Prosecutor’s Office of the Supreme Court of
Justice of Buenos Aires could not comply with this request because no investigators were
available.
64.
On September 16, 2002, the injured party asked the judge of the proceeding, inter
alia, to appoint a police committee to conduct the investigation into the murder of Assistant
Commissioner Gutiérrez. 122 On October 2, 2002, the judge of the proceeding asked the
Minister of Security of the province of Buenos Aires to appoint a police committee to
continue the investigation, among other matters. 123 In response, a Special Investigative
Committee of the Ministry of Security of the province of Buenos Aires was created. 124
65.
The evidence submitted in this case reveals that, the following measures were taken
before the Assistant Commissioners in charge of this Committee: (a) various statements were
received between January 20, 2003, and March 25, 2004, one of which reported threats against
a witness and another reported the participation of a Police Commissioner of the province of
Buenos Aires as the one who “gave the order” to execute Assistant Commissioner
Gutiérrez; 125 (b) on February 26, 2003, a newspaper article and an obituary notice were added
to the criminal case file relating to the death, on February 24, 2003, of Commissioner Jorge Luis
Piazza, whose testimony the injured party had requested the judge of the proceeding to
receive 126 and whose death was investigated as murder; 127 (c) on April 4, 2003, a police
procedure was carried out in the Quilmes Departmental Investigations Directorate concerning
the person identified as a presumed participant in the murder of Mr. Gutiérrez, 128 and (d) on
September 14, 2004, the male eyewitness and a street vendor took part in a photographic
identity parade before the judge of the proceeding. During this procedure, they identified the
presumed participant in the murder, 129 who, according to the case file, prior to the murder of
Jorge Omar Gutiérrez, was a “police agent in the Avellaneda Fourth Police Precinct” and,
120
Cf. Note of September 17, 2001, addressed to the Prosecutor General by Transitional Court No. 2 of the
La Plata Judicial Department (file of annexes to the submission brief, folio 276).
121
Cf. Note of September 20, 2001, addressed by the Prosecutor General, Hector Vogliolo, to Transitional
Court No. 2 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief, folio 1824). /
122
Cf. Brief of September 16, 2002, addressed by Nilda del Valle Maldonado to Transitional Court No. 2 of the
La Plata Judicial Department (file of annexes to the pleadings and motions brief, folios 1829 to 1832).
123
Cf. Record of October 2, 2002, of Transitional Court No. 2 of the La Plata Judicial Department (file of
annexes to the pleadings and motions brief, folio 1834).
124
Record of December 28, 2006, of Transitional Court No. 2 of the La Plata Judicial Department (file of
annexes to the submission brief, folio 301).
125
The Court’s file contains two statements made before the Departmental Investigations Directorate of San
Isidro, four statements made before the Departmental Investigations Delegation of Quilmes, two before the
Quilmes Special Investigative Commission, and one before Transitional Court No. 2 of the La Plata Judicial
Department (file of annexes to the pleadings and motions brief, folios 1848 to 1852, 1864 to 1868, 1871 to 1873,
1876 to 1878, 1881 to 1884, 1886 to 1889, 1902 to 1907, 1909 to 1913 and 1915 to 1918).
126
Cf. Brief of May 2, 2001, addressed by the injured parties to the judge of the proceeding (file of annexes
to the pleadings and motions brief, folios 1836 to 1837).
127
Cf. Preparatory criminal investigation No. 167,253 into the murder of Commissioner Jorge Luis Piazza (file
of annexes to the pleadings and motions brief, folios 2331 to 2344).
128
Cf. Identification procedure of April 4, 2003, Special Investigative Commission, Ministry of Security of the
province of Buenos Aires (file of annexes to the pleadings and motions brief, folios 1892 to 1893).
129
Cf. Photographic identity parade procedure of September 14, 2004, by the male eyewitness before
Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief,
folios 1920 to 1925), and Photographic identity parade procedure of September 14, 2004, by a street vendor
before Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the pleadings and motions
brief, folios 1931 to 1935).
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