and provide an unsworn statement “as a secondary participant.” 138 The injured parties filed an appeal against this decision, because, contrary to witness statements, the presentation of an unsworn statement had “no effect to interrupt or suspend [the statute of limitations]” and because, according to the injured parties, this decision ignored the decision of the higher court. 139 This appeal was granted on August 25, 2009, by the Criminal Appeals and Guarantees Chamber, which ordered that, before August 29, that year, the said individual should be summoned to provide a statement “as primary participant in the crime of homicide aggravated by malice of which Jorge Omar Gutiérrez was a victim.” 140 69. In compliance with this decision, on August 26, 2009, the judge of the proceeding ordered the detention of the presumed participant and convened a preliminary hearing, “thus interrupting the time frame for the prescription of the case.” 141 For his part, the official defense counsel filed a recusal motion against the judge of the proceeding, which was admitted. Nevertheless, the Criminal Appeals and Guarantees Chamber declared the judge competent 142 and, on September 9, 2009, the judge extended the time frame for issuing an order of pre-trial detention. On September 18, 2009, the judge of the proceeding decided to “[o]rder [the detainee’s] release based on lack of merits,” instructing “that he be released immediately.” 143 This decision was appealed by the injured party who, on the denial of this appeal, also filed a remedy of complaint, which was denied on November 6, 2009. 144 70. On December 30, 2009, the said judge decided to dismiss provisionally the presumed participant in the murder of Mr. Gutiérrez and ordered that “the whereabouts [of the two eyewitnesses of the incident] be ascertained” as a “measure contributing to the continuation of the investigation.” In this decision, she again considered that it was not possible to take any measure in relation to the federal police agent who had been indicted, based on the “non bis in idem” principle, and that, “despite the numerous and meticulous measures ordered in the proceeding, […] with regard to the accused […], insufficient evidence ha[d] been collected to accuse him of the act under investigation.” 145 71. Despite the above, according to the case file, on August 26, 2011, Court of Guarantees No. 5 forwarded proceeding No. S-85,714 146 to the Criminal Appeals and Guarantees Chamber, and it was assigned to Chamber 1 of this entity on August 30, 138 Cf. Decision of August 18, 2009, of Court of Guarantees No. 5 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief, folios 2075 to 2078). 139 Cf. Appeal filed by Nilda del Valle Maldonado and Francisco Gutiérrez before the First Criminal Chamber of Appeal and Guarantees (file of annexes to the pleadings and motions brief, folios 2079 to 2088). 140 Cf. Decision of August 25, 2009, of the First Court of the Criminal Appeals and Guarantees Chamber (file of annexes to the pleadings and motions brief, folios 2089 to 2091). 141 Cf. Communication of September 10, 2009, of the Criminal Transition Secretary, La Plata Judicial Department, addressed to the Secretariat of Institutional Affairs of the Supreme Court of Justice of the province of Buenos Aires (file of attachments to the submission brief, folios 1090 to 1091). 142 Cf. Decision of December 30, 2009, of Court of Guarantees No. 5 of the La Plata Judicial Department (file of annexes to the submission brief, folios 322 and 323). 143 Cf. Decision of September 18, 2009, of Court of Guarantees No. 5 of the La Plata Judicial Department (file of annexes to the pleadings and motions brief, folios 1976 to 1980). 144 Cf. Decision of November 6, 2009, of the First Court of the Criminal Appeals and Guarantees Chamber (file of annexes to the pleadings and motions brief, folios 1982 to 1990). 145 Cf. Decision of December 30, 2009, of Court of Guarantees No. 5 of the La Plata Judicial Department (file of annexes to the submission brief, folios 319 to 324). 146 Cf. Communication of October 29, 2013, addressed by the President of the Criminal Appeals and Guarantees Chamber to the Deputy Secretary for the protection of human rights of the Human Rights Secretariat of the Ministry of Justice and Human Rights (merits file, folios 1449 and 1450). 29