14.
The Inter-American Court is competent to hear this case under Article 62(3) of the
Convention, because Argentina has been a State Party to the American Convention since
September 5, 1984, and accepted the contentious jurisdiction of the Court on the same
date.
IV
THE STATE’S ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
AND THE AGREEMENT ON REPARATIONS
A. Arguments of the parties and of the Commission
15.
In its answering brief, the State indicated “its willingness to accept the conclusions
[and recommendations] contained in the Merits Report adopted by the Inter-American
Commission […], as well as the resulting legal consequences.” To this end, it affirmed that
“there [was] sufficient evidence to consider that the objective responsibility of the province
of Buenos Aires had been constituted in the facts denounced and, consequently, that of the
national State.” Furthermore, the State took into account “the circumstance that there was
a high degree of certainty about the possibility that agents of the Argentine Federal Police –
in other words, Federal Government officials – were involved in the death of Mr. Gutiérrez.”
However, it “rejected those passages in the representatives’ brief that tr[ied] to assimilate
the facts of the case to situations of a systematic or general nature,” and asked the Court
“to limit the subject matter for discussion to the specific circumstances that resulted in the
death of [Mr.] Gutiérrez, and the intrigue surrounding the investigation into those
responsible.” In this brief, the State did not acknowledge Nilda Gutiérrez, sister of Jorge
Omar Gutiérrez, as a victim in this case.
16.
Regarding the pecuniary reparations requested by the representatives, Argentina
asked the Court to establish them based on equity and taking into account “the efforts
opportunely made” by the State, even though these “have not provided the comprehensive
results that the case deserves.” In addition, it contested some of the claims made by the
representatives under the headings of “consequential damage,” “damage to the family
wealth” and “loss of earnings.” Regarding the non-pecuniary measures requested by the
representatives, Argentina argued that “even though measures are requested to improve
institutional operations, their implementation w[ould] exceed the sphere and consequences
of this case.” Furthermore, according to the State, “the establishment of specific goals for
public policies that, evidently, must be discussed and executed by the authorities elected
under a democratic system […],” would exceed the function of a judgment. It also indicated
that “this is not the appropriate sphere for broaching” “the implementation of effective
mechanisms for complying with decisions of international human rights bodies.”
17.
On May 17, 2013, Argentina presented an “Agreement on Reparations” (hereinafter
“the Agreement”) entered into with the representatives, which also contains an
acknowledgement of international responsibility, as follows:
1)
The State ratifies that, having examine Report No. 63/11 in light of the findings in the case, it assumes its
international responsibility for the violation, in this case, of Articles 4, 5, 8 and 25 of the American
Convention […], in relation to the general obligation to respect and ensure the human rights established in
Article 1(1) [thereof], to the detriment of Jorge Omar Gutiérrez and his family group named in the
[pleadings, motions and evidence] brief.
2)
In order to specify the scope of the State’s assumption of international responsibility, it is placed on record
that, as arises from Report No. 63/11 and from the victims’ [pleadings, motions and evidence brief …], the
judicial investigation into the events that resulted in the murder of Jorge Omar Gutiérrez was not
conducted in accordance with the required international standards.
8