1996, without the latter having submitted any arguments in his defense. Lastly, the
Personnel Directorate decided to dismiss the administrative case. 98
B.3. Investigation of the Special Investigative Commission of the National Congress
56.
The Special Investigative Commission of the Chamber of Deputies of the National
Congress on the Probable Commission of Illegal Acts Perpetrated or Produced in the
National Customs Administration (hereinafter “the Special Investigative Commission of the
Chamber of Deputies of Congress” or “the Special Investigative Commission”) initiated its
activities “in order to investigate the illegal acts, to determine responsibilities, and to
propose legislative solutions.” The Committee met for the first time on November 5, 1996,
and on December 26, 1996, it began to examine the murder of Assistant Commissioner
Gutiérrez. 99 In January and February 1997, at least 20 persons testified before the Special
Investigative Commission with regard to this case, some of whom reported that they had
given false testimony in the criminal action opened for this murder because they had been
threatened by federal police agents and by private individuals connected to the federal
police agent who was being prosecuted. 100 On February 20 and 24, 1997, “having detected
possible irregularities in relation to [the said] case No. 85,714,” the Special Investigative
Commission referred to the consideration of the Supreme Court of Justice of the province of
Buenos Aires, which was examining a remedy of complaint filed by the injured parties in
relation to the above-mentioned acquittal (supra para. 50), the typed versions of the
meetings that it had held, as evidence “to be considered in the judicial file,” 101 and for that
court to “consider the possibility of re-opening the said case.” 102 The Special Investigative
Commission issued its final report in November 1997. As indicated previously (supra para.
42), in its final report, the Special Investigative Commission “was able to verify that
Assistant Commissioner Gutiérrez had been investigating an unlawful association that was
presumably composed of law enforcement personnel, and that the customs warehouse [that
he was investigating…] had apparently been operating for more than two years without its
corresponding permit.” 103 In addition, it established the existence of “large-scale operations,
all of which were aided and abetted by Administration officials and law enforcement
personnel.” 104
B.4. Proceeding No. 57,927, report of unlawful coercion
57.
The investigating judge of the proceeding held by Criminal and Correctional Court
No. 5 in relation to the murder of Jorge Omar Gutiérrez (supra para. 45) forwarded the
statements of two adolescents, presumably made under threat on premises of the Police of
98
Cf. Administrative file 357-18-000001/94 of the Ministry of the Interior of the Argentine Federal Police
(file of annexes to the pleadings and motions brief, folios 2264 to 2283, 2316, 2318, 2324 to 2329).
99
Cf. Final report of the Special Investigative Commission of November 1997 (merits file, folios 911, 915
and 963).
100
Cf. Copy of the typed proceedings before the Special Investigative Commission (file of annexes to the
submission brief, folios 148 to 173, and 175 to 199); Final report of the Special Investigative Commission of
November 1997 (merits file, folio 963), and Briefs of February 20 and 24, 1997, forwarded to the President of the
Supreme Court of Justice of the province of Buenos Aires by the President of the Special Investigative Commission
(file of annexes to the submission brief, folios 143 to 145).
101
Cf. Final report of the Special Investigative Commission of November 1997 (merits file, folio 964).
102
Cf. Briefs of February 20 and 24, 1997, forwarded to the President of the Supreme Court of Justice of the
province of Buenos Aires by the President of the Special Investigative Commission (file of annexes to the
submission brief, folios 143 to 145).
103
Cf. Final report of the Special Investigative Commission of November 1997 (merits file, folio 964).
104
Cf. Final report of the Special Investigative Commission of November 1997 (merits file, folio 1022).
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