3
a.
Néstor Rolando López: confined in Unit No. 6 of Rawson (Province of Chubut) from
January 11, 1997 at least until September 24, 2003.
b.
Julio Eduardo Gómez: imprisoned from January 2, 1998 and held in Unit No. 6 of
Rawson (Province of Chubut).
c.
Cristian Eduardo Crespo: imprisoned from December 22, 1996 and held in Unit No. 6 of
Rawson (Province of Chubut).
d.
Juan Pablo Lucero: imprisoned from February 2, 1997 and held in Unit No. 7 (Province of
Chaco) from 2003 at least until September 24, 2003.
e.
Néstor Zacarías Pardo: imprisoned from June 7, 1996 and held in Unit No. 6 of Rawson
(Province of Chubut) from January 2001 at least until September 24, 2003.
f.
Hugo Alberto Blanco: he was transferred on November 20, 2004 to Unit No. 6 of Rawson
(Province of Chubut), allegedly as a reprisal for having complained of a beating received in the Neuquén
prison where he was held at the time.
g.
Eduardo Enrique Aguilera de la Hoz y Mario Leonardo Aguilera de la Hoz: they were
transferred to Unit No. 6 of Rawson (Province of Chubut) before November 2004.
h.
Raúl Colichero: as of November 2009 he was carrying out his sentence in Unit No. 1
(Province of Buenos Aires).
i.
Alfredo Guzmán y Héctor Sosa: as of November 2009 they were carrying out their
sentences in Unit No. 6 of Rawson (Province of Chubut).
14.
Regarding the following alleged victims the petitioners generally claim that they were
transferred to carry out their sentences beyond the Province of Neuquén: Miguel Ángel González
Mendoza, José Heriberto Muñoz Zabala, Omar Garrido, Héctor Darío Sánchez and Aldo Manuel Omán.
B.
Position of the State
15.
The State mainly claims that the fact that inmates convicted under the Province of
Neuquén’s criminal justice system are housed in federal penitentiaries outside of the province is due to
the lack of penal facilities that can guarantee the treatment and conditions mandated by national and
international law. In addition, it maintains that it would be unreasonable and prejudicial to expect that
Neuquén inmates be held only in Unit No. 9 of the federal penitentiary system (in that province) because
that unit is a closed one, intended to house inmates who are highly conflictive or only in the early stages
of the gradual release program established by law.
16.
The State reports that the agreement signed by the Province of Neuquén and the Federal
Government authorizes the housing of inmates in any of the units of the federal penitentiary system and
that there are various reasons related to penitentiary management that could lead to a decision to transfer
a person to any one of these units. In addition, the State notes that the mere fact of being housed outside
of the provincial jurisdiction simply cannot be labeled as cruel, inhumane, or degrading treatment.
17.
The State further contends that Argentine law provides for transfers to other units to
ensure proximity to next of kin, and extraordinary visits. Therefore, contact of any inmate with his or her
nuclear family is guaranteed. In this respect, the State maintains that transfers are administrative acts; as
such they are subject to judicial control. The petitioners have not proven that they initiated any legal
actions and therefore their complaint before the IACHR is inadmissible.