same Article 8 243 of this treaty. Therefore, Article 8(4) of the Convention must be
interpreted in harmony with these other norms and with the other provisions of the
Convention.
129. Based on the above, as well as on the proven facts in this regard (supra paras. 96 to
125), and bearing in mind, also, that the parties agree that the judicial investigation of the
events that resulted in the execution of Jorge Omar Gutiérrez was not conducted in
accordance with the required international standards and that they should be investigated
(supra para. 17.2), the Court concludes that, in the instant case, the judicial proceedings
were not in keeping with the guarantees of “due process” established in the said Article 8
and, consequently, did not produce the “non-appealable judgment” mentioned in paragraph
4 of this article. Added to this, the Court considers that, in this case, the extrajudicial
execution of Assistant Commissioner Jorge Omar Gutiérrez was particularly serious, owing
to the circumstances in which it took place, namely: (a) that, at the time of his death,
Assistant Commissioner Gutiérrez was investigating a bonded warehouse that was
subsequently connected to the case of the “parallel customs house,” in which State agents
were implicated; (b) that State agents were involved in the execution of Mr. Gutiérrez, and
(c) that State agents obstructed the investigation opened into his death. Based on all the
foregoing, the Court concludes that, in this specific case, the provisions of Article 8(4) of the
Convention are not applicable.
130. Presuming that the provisions of Article 8(4) of the Convention would be applicable
in any circumstances would imply that the decision of a domestic judge would have
preeminence over a decision taken by this Court pursuant to the Convention. It would also
mean, consequently, that the application, in any circumstance, of the said Article 8(4) of
this treaty, could lead to impunity and to the non-applicability of the corresponding
international norms, which would not accord with the object and purpose of the Convention.
131. It should be added that this would also happen, if the admissibility of the domestic
statute of limitations was accepted at the international level in every case. However, in the
cases in which it could be admissible, it must be in full conformity with the provisions of the
Convention.
B.5. Conclusions
132. In this case, Argentina has accepted, and the Court has established, that the
extrajudicial execution of Assistant Commissioner Gutiérrez can be attributed to the State
and that, at the time of his execution, Mr. Gutiérrez was investigating the bonded
warehouse beside the Avellaneda Second Police Precinct, which subsequently formed part of
the so-called case of the “parallel customs house” (supra para. 42). In addition, Argentina
accepted “the conclusions of the Commission’s Merits Report” that it was “responsible for
not having conducted a serious, impartial and effective investigation into the victim’s
execution, within a reasonable time and in keeping with the principles of due process of
law.” 244 Thus, based on the contents of this chapter, the Court finds that the investigation
and the criminal proceedings conducted owing to the extrajudicial execution of Jorge Omar
Gutiérrez were fraught with irregularities and omissions by the State agents responsible for
them as regards the collection of evidence, the following-up on logical lines of investigation,
243
Article 8(1) of the Convention stipulates: “Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination of his rights and
obligations of a civil, labor, fiscal, or any other nature.”
244
Cf. Merits Report No. 63/11 (merits file, folio 35).
49
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