members of the federal police agent indicted, owing to their intervention in the
investigations into the execution of Assistant Commissioner Gutiérrez (supra paras. 56, 57,
65 and 83 to 86), and this frightened them and made them anxious, without any evidence
that the State adopted safety measures for them when it became aware of these incidents.
Moreover, Commissioner Piazza, who was in charge of the investigation from the start and
whose testimony had been requested by the injured party before Transitional Court No. 2,
was murdered (supra paras. 65 and 116). Also, the Court notes that, in this case, attempts
at bribery and the theft of evidence were reported without any evidence that these facts
were investigated (supra paras. 104 and 113.b). All these facts have constituted
obstructions to the proceedings, affecting the identification, prosecution, and punishment of
those responsible for the execution of Assistant Commissioner Jorge Omar Gutiérrez. Thus,
the Court notes that the exculpatory evidence provided by people who later disavowed this
was taken into account in order to acquit the federal police agent indicted for this act, and
the testimony of the male eyewitness was rejected owing to assertions he made under
threat (supra para. 48).
122. In addition, the Court notes that the judge of the proceeding, in the decision of April
2000 to archive the case file, and in the decisions of December 2006 and December 2009
by which the proceedings and the presumed participant in the execution of Jorge Omar
Gutiérrez, respectively, were dismissed provisionally, did not include any considerations
regarding the relationship between this extrajudicial execution and the investigation of the
Special Investigative Commission of the Chamber of Deputies of Congress into a series of
cases of corruption, smuggling, fraud, drug-trafficking and unlawful association of public
officials known as the “case of the parallel customs house,” or regarding the threats
revealed throughout the proceedings, but rather treated the case of Mr. Gutiérrez as
completely separate from those events, which did not help determine the truth or the
corresponding responsibilities.
123. The Court also considers that, in this case, the denial of the requests of the judge of
the proceeding for judicial investigators owing to their “unavailability” results in a failure of
the judicial authorities of the province of Buenos Aires to comply with their duty to ensure
that the investigations conducted by their assistants in the Police of the province of Buenos
Aires would not be affected by possible obstructions by agents of this entity.
B.3. Reasonable time
124. This Court has indicated that the right of access to justice is not complied with by the
processing of domestic proceedings, but must also ensure, within a reasonable time, the
right of the presumed victims or their next of kin that everything necessary is done to
discover the truth of what happened, and that those eventually found responsible are
punished. 239
125. As Argentina has acknowledged, even though more than 19 years have passed, the
facts of the case have still not been clarified and the truth of what happened has not been
determined, and this has affected the right of access to justice within a reasonable time of
the next of kin of Mr. Gutiérrez. The Court does not find it necessary to include further
considerations in this regard.
B.4. Consequences of the deficiencies in the investigation of the facts
239
Cf. Case of Palamara Iribarne v. Chile. Merits, reparations and costs. Judgment of November 22, 2005.
Series C No. 135, para. 188 and Case of García Lucero et al., supra, para. 121.
47
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos