summoned.” 209 In addition, the prosecutor considered that the statements of two people were contradictory and requested a confrontation between them. In response the President of the Chamber stated “that since the previous witnesses ha[d] withdrawn, it was impossible to take this step.” 210 107. Despite these omissions in the reception of statements from witnesses, there is no record in the case file that the First Chamber included any considerations concerning the failure to appear of the said persons. In this regard, it should be noted that article 151 of the Code of Criminal Procedure of the province of Buenos Aires applicable to this case established the measures to be taken if “the witness should fail to appear or should refuse to testify without any justification.” 211 In addition, despite the “investigative shortcomings in the proceedings” recorded by one of the judges of this Chamber, 212 on November 15, 1996, the Chamber proceeded to deliver its verdict without rectifying the said shortcomings. In this regard, the Court notes that, according to article 71.4.b of the said Code of Criminal Procedure, the judges had the obligation “[… t]o direct the proceeding and, within the limits imposed by the circumstances, should: […i]ndicate, before processing any action, its defects or omissions, ordering that they be rectified within the time frame established, and should order, ex officio, any measure required to avoid nullities […].” Thus, the Court finds that the First Chamber omitted to take the corresponding measures in order to rectify the flaws in the investigation at the preliminary investigation stage, and also failed to collect evidence in the oral proceeding, before delivering its verdict and judgment. B.2. Irregularities and obstructions within the investigations and the criminal proceedings 108. The judicial file also reveals a series of irregularities and obstructions in the criminal proceedings that occurred during the oral proceeding against the federal police agent indicted and after his acquittal, as well as owing to the return of the proceedings to Criminal and Correctional Court No. 5 and its subsequent transfer to Transitional Court No. 2. 109. First, during the oral proceeding, a witness indicated that, on being arrested by the Police of the province of Buenos Aires, before being taken to the Police Precinct, he “was taken to a piece of waste ground where they questioned him.” 213 110. Second, during the preliminary investigation stage of the criminal proceedings, the male eyewitness testified before the Commissioner in charge of the investigation and the judge of the case, that two individuals had taken part in the murder of Mr. Gutiérrez and 209 Cf. Record of the oral proceeding, fs.1253/1261, proceeding 10,888 (file of annexes to the pleadings and motions brief, folios 1767 and 1775). 210 Cf. Record of the oral proceeding, fs.1253/1261, proceeding 10,888 (file of annexes to the pleadings and motions brief, folio 1772). 211 Article 151 of the Code of Criminal Procedure of the province of Buenos Aires establishes: “If the witness should fail to appear on the day indicated or if he should refuse to testify without any justification, the following rules shall be observed: 1. If he should not respond to the first summons, he shall be made to appear at the following hearing by law enforcement agents. 2. If he should refuse to testify, he shall be arrested for forty-eight (48) hours, without prejudice to the responsibility incurred due to his disobedience.” Available at: http://www.gob.gba.gov.ar/dijl/DIJL_buscaid.php?var=1334. 212 Cf. Verdict of November 15, 1996, delivered by the First Court of the Criminal and Correctional Appeals Chamber of La Plata (file of annexes to the submission brief, folio 134). 213 Cf. Record of the oral proceeding, fs.1253/1261, proceeding 10,888 (file of annexes to the pleadings and motions brief, folio 1777); Judgment of the oral proceeding of November 15, 1996, of the First Court of the Criminal and Correctional Appeals Chamber of La Plata (file of annexes to the pleadings and motions brief, folio 1786), and Report of the Judicial Investigator of July 19, 1999 (file of annexes to the pleadings and motions brief, folio 1811). 42