Railway Security Superintendence was appointed to lead the investigation, because this was
the Division where the said federal police agent worked 87 (supra para. 46). Subsequently,
on October 6, 1994, the disciplinary case was referred to the Director General for
Operations and Administration of the Railway Security Superintendence. 88 He, in turn,
forwarded the preliminary investigation to the Head of the Administrative Investigations
Department 89 who, on November 16, 1994, decided to continue the investigation in that
department. 90
54.
The file reveals that, among others, the following investigative measures were taken:
(a) between September 1994 and September 1995 various statements were received,
including that of the male eyewitness; 91 (b) the female eyewitness was summoned, but did
not come forward to testify; 92 (c) on September 28, 1994, the Personnel and Inquiry
Superintendence was asked to provide the disciplinary file of the indicted federal police
agent, 93 and this was forwarded on October 6, 1994; 94 (d) on October 3, 1994, the Welfare
Division Superintendence was asked to provide the individual list of debts of the federal
police agent who was being investigated, and this was received on October 11, 1994; (e) on
December 14, 1994, the Head of the Preventive Surveillance Division of the Railway
Security Superintendence was asked to provide a list of all the other personnel of the
Operational Unit of which the federal police agent under investigation was a member, and
he timetable of this Unit on August 28 and 29, 1994, and to provide a copy of the Unit’s
Logbook, which was sent on December 20, 1994 95 and (f) on June 29, 1995, the federal
police agent investigated reserved the right to provide probative elements in his defense
until the end of the public oral proceeding to which he would be subjected. 96
55.
On October 2, 1995, it was decided to conclude the preliminary investigation 97 and,
the same day, the Head of the Administrative Investigations Department drew up the
respective report. In this report, he considered that the disciplinary case should be
provisionally dismissed, “since neither administrative nor disciplinary responsibility has been
clearly proved.” On February 29, 1996, the Administrative Inquiry held a hearing for the
federal police agent investigated, and the period of regulatory hearings ended on March 15,
87
Cf. Note of September 26, 1994, Administrative Inquiry Proceeding No. 1, file 357-18-000001/94 (file of
annexes to the pleadings and motions brief, folio 2116).
88
Cf. Note of October 6, 1994, Administrative Inquiry Proceeding No. 1, file 357-18-000001/94 (file of
annexes to the pleadings and motions brief, folio 2134).
89
Cf. Note of October 11, 1994, Administrative Inquiry Proceeding No. 1, file 357-18-000001/94 (file of
annexes to the pleadings and motions brief, folio 2135).
90
Cf. Record of November 16, 1994, Administrative Inquiry Proceeding No. 1, file 357-18-000001/94 (file of
annexes to the pleadings and motions brief, folio 2138).
91
According to the case file, at least seven statements were received (file of annexes to the pleadings and
motions brief, folios 2122, 2124, 2198 to 2209, 2125, 2127, 2183 to 2185, 2151 to 2154).
92
Cf. Record of the preliminary investigation of January 23, 1995 (file of annexes to the pleadings and
motions brief, folio 2188); Summons of January 24, 1994 (file of annexes to the pleadings and motions brief, folio
2192), and Final report of October 2, 1995 (file of annexes to the pleadings and motions brief, folio 2268).
93
Cf. Request of September 28, 1994 (file of annexes to the pleadings and motions brief, folio 2129).
94
Cf. Transmittal of disciplinary file of October 5, 1994 (file of annexes to the pleadings and motions brief,
folios 2140 and 2141).
95
Cf. Administrative Inquiry proceeding, file 357-18-000001/94 (file of annexes to the pleadings and
motions brief, folios 2143 to 2146, 2174 and 2172).
96
Cf. Rebuttal statement by the accused federal police agent of June 29, 1995 (file of annexes to the
pleadings and motions brief, folios 2235 and 2236).
97
Cf. Record of closure and analysis of measures taken of October 2, 1995 (file of annexes to the pleadings
and motions brief, folio 2263).
23