subsequently, was appointed “trainee police agent” of the Police of the province of Buenos Aires, an appointment that was revoked on October 1, 1981 130. 66. On September 30, 2004, the judge of the proceeding again asked for the appointment of judicial investigators from the Prosecutor General’s Office of the Supreme Court of Justice of Buenos Aires to investigate the case, 131 and the Prosecutor General appointed two judicial investigators on October 22, 2004, 132 who delivered the results of their investigation procedures to the judge of the proceeding on September 13, 2006. 133 67. On December 28, 2006, the said judge decided to dismiss the case provisionally. In her decision, she took into consideration that “many of the testimonial statements received by the court and in other investigating entities, associated the incident being investigated to the person who had been detained previously […], against whom it is not possible to order any procedural action based on the ‘non bis in idem’ principle.” She also took into account that, “despite the numerous meticulous measures taken by the judicial investigators, the judicial personnel and, lastly, by the investigators of the Judicial Police of the Prosecutor General’s Office, it ha[d] not been possible to determine the participation of other perpetrators, accessories or accomplices.” 134 This decision was appealed by the prosecutor and by the injured party. The appeal was decided on November 12, 2008, 135 by the Criminal Appeals and Guarantees Chamber of the La Plata Judicial Department (hereinafter “the Criminal Appeals and Guarantees Chamber”), which revoked the dismissal that had been ordered finding that the testimonial statements provided by the male eyewitness and by a street vendor witness, “contain[ed] indications that allow the intervention [of the person identified as a presumed participant in the murder of Mr. Gutiérrez] to be supposed. On March 31, 2009, the judge of the proceeding recused herself from continuing to intervene in the investigation procedure, 136 but this recusal was rejected on August 7, 2009, by the Criminal Appeals and Guarantees Chamber. 137 68. On August 18, 2009, and based on the decision of the Criminal Appeals and Guarantees Chamber (supra para. 67), the judge of the proceeding decided to hold a hearing so that the person identified as presumed participant in the murder of Assistant Commissioner Gutiérrez and implicated in the investigation (supra para. 65) could appear 130 Cf. Record of identification of April 4, 2003, Special Investigating Committee, Ministry of Security of the province of Buenos Aires (file of annexes to the pleadings and motions brief, folios 1892 to 1893). 131 Cf. Measure taken by Transitional Court No. 2 of the La Plata Judicial Department on September 30, 2004(file of annexes to the pleadings and motions brief, folio 1938). 132 Cf. Note of October 22, 2004, addressed by the Prosecutor General of the Supreme Court of Justice of the province of Buenos Aires to Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief, folio 1958). 133 Cf. Note of September 13, 2006, sent by the judicial investigators of the Investigation Bureau of the Judicial Police of the Prosecutor General’s Office of the Supreme Court of Justice of Buenos Aires to Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief, folios 1971 to 1974). 134 Cf. Decision of December 28, 2006, of Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the submission brief, folios 300 to 303). 135 Cf. Decision of November 12, 2008, of the First Court of the Criminal Appeals and Guarantees Chamber (file of annexes to the submission brief, folios 1577 to 1579). 136 Cf. Record of March 31, 2009, of Transitional Court No. 2 of the La Plata Judicial Department (file of annexes to the submission brief, folios 312 to 314). 137 Cf. Decision of August 7, 2009, of the First Court of the Criminal Appeals and Guarantees Chamber (file of annexes to the submission brief, folios 307 to 309). 28