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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