Second Court of the Criminal Appeals and Guarantees Chamber of the province of Buenos
Aires decreed “the total and final dismissal of the case against [three persons] in relation to
the offense of unlawful deprivation of liberty followed by death.” 232
117. In addition, in September 2004, statements were again received from the male
eyewitness and the street vendor (supra para. 65), and they indicated that they had
received pressure and threats from the police owing to their participation in the trial of the
federal police agent indicted. 233
118. Regarding the obstructions to the proceedings, this Court has ruled that, in order to
ensure due process, States must take all necessary measures to protect agents of justice,
investigators, witnesses, and family members of victims from harassment and threats
aimed at hindering the proceedings, avoiding the elucidation of the facts, and concealing
those responsible. 234 To the contrary, those who investigate and those who could be
witnesses would feel intimidated and frightened and this would have a significant impact on
the effectiveness of the investigation 235
119. Added to the above, the Court has considered that the threats and intimidation
suffered by witnesses in the domestic proceedings cannot be examined in isolation, but
should be analyzed in the context of obstructions to the investigation of the case.
Consequently, such acts become another means of perpetuating impunity and preventing
the truth of what happened from being known. 236 The Court has defined impunity as “the
total absence of investigation, pursuit, capture, prosecution, and sentencing of those
responsible for human rights violations.” 237
120. Furthermore, the Court considers that, for an investigation to be effective, those
responsible for it must be independent, from a hierarchical and institutional point of view
and also in the practice, from the individuals implicated in the events investigated. 238
121. In this regard, the Court notes that, in the instant case, at least five witnesses
denounced that they had been threatened or pressured by federal police agents or by family
232
Cf. Decision of June 19, 2008, in Fs. 3448/3455, Preparatory criminal investigation No. 167,253 into the
murder of Commissioner Piazza (file of annexes to the pleadings and motions brief, folios 2331 and 2344).
233
The street vendor witness indicated that, in the Federal Police Unit in the Constitución Precinct, an official
who used to accompany the police agent who was acquitted on the trains, asked him what he had testified in the
oral proceeding and told him that he “should remember that [the police agent acquitted] was a good person and
[…] had not killed the Assistant Commissioner.” He also indicated that, following this, he felt pressured by the
police on the trains, and he “was harassed.” Cf. Testimony of March 18, 2004, before the Special Investigative
Committee of the Ministry of Security of the province of Buenos Aires (file of annexes to the pleadings and motions
brief, folio 1912). The eyewitness stated, inter alia, that he was obliged to change his statement with a gun to his
head. Cf. Testimony Fs. 2907/2908, Proceeding 10,888, presented on March 25, 2004 (file of annexes to the
pleadings and motions brief, folios 1915 to 1918).
234
Cf. Case of Myrna Mack Chang, supra, para. 199, and Case of the La Rochela Massacre v. Colombia.
Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 163, para. 171.
235
Cf. Case of Kawas Fernández, supra, para. 106, and Case of Luna López, supra, para. 173.
236
Cf. Case of the Las Dos Erres Massacre supra, para. 145.
237
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, supra, para. 173, and Case of
the Las Dos Erres Massacre, supra, para. 234.
238
Cf. Case of Baldeón García v. Peru. Merits, reparations and costs. Judgment of April 6, 2006. Series C No.
147, para. 95. See also, ECHR, Case of Giuliani and Gaggio v. Italy, Judgment of 24 March 2011, para. 300: “For
an investigation into alleged unlawful killing by State agents to be effective, it may generally be regarded as
necessary for the persons responsible for and carrying out the investigation to be independent from those
implicated in the events (see, for example, Güleç, cited above, §§ 81-82, and Oğur, cited above, §§ 91-92). This
means not only a lack of hierarchical or institutional connection but also a practical independence.”
46
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