Gutiérrez) and Francisco Gutiérrez and Nilda Gutiérrez (siblings of Jorge Omar Gutiérrez) to
be the “injured party.”
B. Obligation to investigate, and identify, prosecute and punish, as appropriate,
the perpetrators and masterminds of the facts related to the execution of Jorge
Omar Gutiérrez
151. The Commission asked the Court to order the State to conduct a complete, impartial,
effective and prompt investigation in order to determine and punish all the masterminds and
perpetrators who participated in the events related to the execution of Jorge Omar
Gutiérrez. Also, in its final observations, it requested the removal of any factual or legal
obstacle to the progress of the judicial investigations and that the victims be guaranteed full
participation in all the investigations.
152. The representatives requested in their pleadings and motions brief that the Court
order the State “to re-open the [investigation] against [the federal police agent indicted]” as
presumed perpetrator of the extrajudicial execution of Mr. Gutiérrez and that it make
“progress in the investigation and the effective prosecution [of the presumed participant
who accompanied the said federal police agent], as well as [in] the complete investigation,
prosecution and punishment of the masterminds of the murder, and all those who were
involved in the cover-up.” In addition, in their final arguments, they asked for the removal
of any factual or legal obstacle to the progress of the judicial investigations and that the
victims be guaranteed full participation in all the investigations.
153. The State accepted the Commission’s recommendation concerning its obligation to
investigate (supra para. 151) and, in the Agreement, it “undert[ook] to implement, together
with the authorities of the province of Buenos [Aires], a strategy for participation in the
judicial proceedings against [the federal police agent indicted], as well as in the judicial
investigations into those responsible for covering up the murder of Jorge Omar [Gutiérrez].”
154. Taking into account: (a) the agreements reached regarding reparations in the
Agreement (supra para. 17); (b) that the right of access to justice was violated in the
domestic investigations and criminal proceedings (supra para. 125); (c) that the
extrajudicial execution of Assistant Commissioner Jorge Omar Gutiérrez perpetrated by
State agents is a particularly serious violation owing to the circumstances that surrounded it
(supra para. 129); (d) that the next of kin of Mr. Gutiérrez suffered a violation of their
rights of access to justice, to the truth, and to reparation, owing to the actions of the State
(supra para. 134), and (e) the obstacles faced by the investigation and the criminal
proceedings (supra para. 121), this Court establishes that the State must, in order to
comply with the undertaking made in good faith, implement with due diligence and within a
reasonable time, the corresponding investigations and criminal proceedings, in order to
individualize, identify, prosecute and punish, as appropriate, the perpetrators and
masterminds of the acts related to the execution of Jorge Omar Gutiérrez, as well as to
establish the truth about them, taking into account the criteria indicated with regard to
investigations in this type of case (supra paras. 96 to 99, 101, 102, 118 to 120, 124, 128 to
131, and 133). To this end, the State must:
a)
Remove all the de facto and de jure obstacles that prevent the effective
investigation of the facts in the respective proceedings, in order to avoid the repetition
of what happened in circumstances such as those of the instant case; 265
265
Cf. Case of Valle Jaramillo et al., supra, para. 232, and Case of Kawas Fernández, supra, para. 192.
54
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