100.
The Commission notes that in 2006 and 2011, the Human Rights Ombudsman requested the
Supreme Court of Justice to extend the investigation deadline on a number of occasions as it was reportedly
waiting to receive information requested from several institutions as well as to analyze the National Police
archives.146 The Supreme Court accepted each request and periodically extended the investigation
deadline.147 On January 27, 2011, the investigator from the Office of the Human Rights Ombudsman informed
the Criminal Division of the Supreme Court of Justice that the Public Prosecution Service had been requested
to expedite the request to the competent organ for an arrest warrant for the persons responsible who took
part in the woman's forced disappearance.”148
101.
On July 9, 2013, Mario Polanco requested the Criminal Division of the Supreme Court to
instruct the Human Rights Ombudsman to report on the status and progress of the investigation to determine
Ms. Gutiérrez's whereabouts.149
102.
On August 1, 2013, Agency 9 of the Investigations Unit of the Office of the District Prosecutor
for the Metropolitan Area submitted a report saying that the process was "in investigation status.”150 The
prosecutor's office concluded:
Based on an analysis of the investigations carried out and public statements made by the
victim's family, which have revealed that Ms. Gutiérrez ... was a member during the 1980s of
the ... EGP, then actively collaborated with the ... ANN, as well as being a lecturer and
researcher at San Carlos University ... and that she did research on adoptions at that
university, there is sufficient cause to consider that ... there may have been a political crime
[in the disappearance], coupled with the fact that ... the Human Rights Ombudsman ...
declared that her disappearance constituted a human rights violation ....151
103.
On September 13, 2013, the Criminal Division of the Supreme Court delivered a ruling in
which it stated that the Human Rights Ombudsman presented his final report on the investigation, which
concluded that "there is evidence to believe that there was no direct participation, acquiescence, or tolerance
on the part of members of the State security forces ... but, rather, elements ... that have led one possible culprit
to be singled out ... Juan ... Arancibia.”152 It said that based on this report, the investigations of the special
inquiry had concluded and it ordered the report to be referred back to prosecutor’s office at the Public
Prosecution Service.153 Mario Polanco presented a brief opposing the closure of the special inquiry.154
104.
On January 31, 2014, prosecutor Olga Arias informed the Criminal Division of the Supreme
Court that she had received the record of the case concerning Ms. Gutiérrez from the Human Rights
Ombudsman.155 On March 11, 2014, prosecutor Olga Arias said that Agency 5 of the Investigations Unit of the
Office of the District Prosecutor for the Metropolitan Area was in charge of the investigation of the case.156
146
Annex 1. Judicial record, Volumes 5 and 6. Enclosed with the State's communication of November 23, 2014.
147
Annex 1. Judicial record, Volumes 5 and 6. Enclosed with the State's communication of November 23, 2014.
148
Annex 1. Judicial record, Page 5412, Volume 6. Enclosed with the State's communication of November 23, 2014.
149
Annex 1. Judicial record, Pages 2694-2695. Volume 6. Enclosed with the State's communication of November 23, 2014.
150
Annex 1. Judicial record, Pages 2671-2674, Volume 6. Enclosed with the State's communication of November 23, 2014.
151
Annex 1. Judicial record, Pages 2671-2674, Volume 6. Enclosed with the State's communication of November 23, 2014.
152
Annex 1. Judicial record, Pages 2701-2702, Volume 6. Enclosed with the State's communication of November 23, 2014.
153
Annex 1. Judicial record, Pages 2701-2702, Volume 6. Enclosed with the State's communication of November 23, 2014.
154
Annex 1. Judicial record, Pages 2706-2714, Volume 6. Enclosed with the State's communication of November 23, 2014.
155
Annex 1. Judicial record, Page 2734, Volume 6. Enclosed with the State's communication of November 23, 2014.
156
Annex 1. Judicial record, Page 2747, Volume 6. Enclosed with the State's communication of November 23, 2014.
21