g) An Assistant Commissioner of the Police of the province of Buenos Aires who had
taken part in the investigation from the start, stated that, following the execution of
Mr. Gutiérrez, the federal police agent indicted for his murder telephoned him to ask
for information on the investigation, in order “to collaborate” with it. 225
114. Subsequently, in July and September 2001, the judge of the proceeding asked the
Prosecutor General to appoint “urgently” judicial investigators from the Office of the
Prosecutor General of the Supreme Court of Buenos Aires, because, “from the testimony […
received,] it appeared that high-ranking members of the Federal Police and the Police of the
province of Buenos Aires could be involved in the incident.” 226 These requests were refused
on September 20, 2001, owing to the lack of “availability” of judicial investigators. 227 In this
regard, this Court observes that article 436 of the Code of Criminal Procedure of the
province of Buenos Aires applicable to this case imposed on the judges and police officials
the obligation “to investigate all actionable offenses that they become aware of in any way,”
and that the latter are the judge’s “assistants.” 228 In this regard, expert witness Gabriel
Pérez Barberá advised the Court that:
If a wrongful act is committed by the member of an institution with a corporate culture and practices,
it is highly probable that, if this same institution conducts the investigation to establish who was
responsible for the wrongful act, this investigation will tend to conceal it […].
115. In addition, the Court takes note that, on January 20, 2003, one of the guards of the
train in which Mr. Gutiérrez died stated during the proceeding that, following the detention
of the federal police agent indicted, he had been summoned by the Argentine Federal Police
to come to “their precinct, in Plaza Constitución,” where they asked him about the murder
and “told him that he should give them a hand to help their colleague […] who was in prison
for murdering Assistant Commissioner Gutiérrez, and that they wanted to get him out of
there.” 229
116. That same month Commissioner Jorge Luis Piazza, 230 who had been in charge of the
investigation of the execution of Mr. Gutiérrez from the start and whose statement had been
requested by the injured parties in May 2001, was murdered. 231 Criminal proceedings were
opened with regard to the murder of Commissioner Piazza; however, on June 19, 2008, the
225
Cf. Statement of October 6, 2000 before Transitional Court No. 2 of La Plata (file of annexes to the
submission brief, folios 220 to 221).
226
Cf. Note of September 17, 2001, from the judge of the proceeding to the Prosecutor General of the La
Plata Judicial Department (file of annexes to the submission brief, folio 276), and Note of July 12, 2001, from the
judge of the proceeding to the Prosecutor General of the La Plata Judicial Department (file of annexes to the
pleadings and motions brief, folio 1821).
227
Cf. Note of September 20, 2001, from the Prosecutor General of the La Plata Judicial Department to
Transitional Court No. 2 of La Plata (file of annexes to the pleadings and motions brief, folio 1824).
228
Article 436 of the Code of Criminal Procedure of the province of Buenos Aires establishes: “The police
officials and the judge shall proceed immediately to investigate all actionable offenses that they become aware of
in any way. The former, within twenty-four (24) hours, shall inform the latter, as well as the prosecutor, and the
official defender on duty, and shall continue the investigation until the judge arrives; they will then act as the
latter’s assistants. In addition, the investigator shall advise the judge that he has complied with the provisions of
article 210 of this Code." Available at: http://www.gob.gba.gov.ar/dijl/DIJL_buscaid.php?var=1334.
229
Cf. Testimony of January 20, 2003, Fs. 2092/2094, Proceeding 10,888 (file of annexes to the pleadings
and motions brief, folios 1850 and 1851).
230
Cf. Obituary notice of Jorge Luis Piazza, Fs. 2187, Proceeding 10,888, of February 26, 2003 (file of
annexes to the pleadings and motions brief, folio 1859), and Decision of June 19, 2008, Case No. 19,325, of the
Second Court of the Criminal Appeals and Guarantees Chamber of the province of Buenos Aires (file of annexes to
the pleadings and motions brief, folios 2331 and 2344).
231
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, folio 1837).
45
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