judges, even with respect to legal provisions that are considered clear, and d) that in the sub lite case, the contested decision has been duly grounded in Mendoza's procedural law and concordant case law.63 A.5 Motion for Reconsideration of Dismissal of Appeal 40. Upon denial of the REF by the Supreme Court of Mendoza, on April 23, 1998, Mr. Gorigoitía's defense filed a motion for reconsideration of dismissal of appeal with the Supreme Court of Justice of the Nation (hereinafter "Supreme Court of the Nation" or “SCJN").64 On August 6, 1998, the SCJN found the extraordinary appeal inadmissible and consequently dismissed the complaint.65 A.6 Serving the sentence 41. Mr. Gorigoitía was sentenced by Judgment 4,035 of September 5, 1997, to 14 years in prison, additional legal sanctions, and payment of costs, and was also dismissed by the Mendoza Police and permanently disqualified from serving again. Of the 14-year sentence, Mr. Gorigoitía served 9 years and 4 months in prison, with the alleged victim detained on August 31, 1996, and released on parole in December 2005. B. Relevant criminal procedural legal framework and the "Casal ruling" 42. Regarding the criminal procedural legal framework relevant to this case, the Court confirms the following facts: (i) that the criminal procedural law applied in the case of Mr. Gorigoitía— specifically to the cassation appeal—was the Code of Criminal Procedure of the Province of Mendoza, Law 1,908 of 1950,66 (ii) that it was fully in force until 2004, and with respect to the cassation appeal, until 1999;67 iii) that on September 20, 2005, the SCJN issued the judgment known as the “Casal ruling,” which included an analysis of the judicial practice of Argentine courts, and especially of the Criminal Cassation Chamber, as regards interpretation of the rules governing cassation appeals;68 and iv) that currently, cassation appeals in the province of Mendoza are governed by the Code of Criminal Procedure of the Province of Mendoza, Law 6,730 of 1999 which, in turn, was amended by Law 9,040 of 201869 regarding the structure and authorities of the Cf. Judgment of the Supreme Court of Justice of the Province of Mendoza, File No. 62,145: “Civil party and Prosecutor v. Gorigoitía Guerrero, Oscar Raúl,” March 31, 1998 (evidence file, folio 206). 64 Cf. Motion for reconsideration of dismissal of appeal, filed by Adolfo V. Moreno, defense attorney of Oscar Raúl Gorigoitía, on April 23, 1998, before the Supreme Court of Justice of the Nation (evidence file, folio 208). 65 Cf. Judgment of the Supreme Court of Justice of the Nation, F115. XXXIV. Appeal on points of fact, Prosecutor and civil party v. Gorigoitía, Oscar Raúl, August 6, 1998 (evidence file, folio 214). 66 Cf. Code of Criminal Procedure of the Province of Mendoza Law 1,908 of 1950. Article 503. Admission of the appeal. The cassation appeal may be filed for the following grounds: 1) disregard or erroneous application of the substantive law. 2) disregard for the provisions established by this code regarding inadmissibility, expiration, or nullity, provided that, with the exception of cases of absolute nullity, the appellant has promptly sought rectification of the defect, if possible, or filed a cassation appeal. 67 The Code of Criminal Procedure of the Province of Mendoza Law 6,730, published on November 30, 1999, regulated the admissibility of cassation appeals in its article 474. With it, article 503 of the Code of Criminal Procedure of the Province of Mendoza, Law 1,908 of 1950, was repealed. 68 Cf. Judgment of the Supreme Court of Justice of the Nation of September 20, 2005, in the case of “Casal, Matías Eugenio et al. regarding attempted simple robbery.” The ruling established that “(…) in short, it can be understood that art. 456 of the National Criminal Procedure Code must be understood in the sense that it enables broad review of a sentence, as extensive as possible and with the greatest effort possible by the cassation judges, in accordance with the possibilities and records of each specific case and without expanding on the issues raised other than what emerges inevitably from the oral nature of the proceedings.” 69 Cf. Code of Criminal Procedure of the Province of Mendoza Law 6,730 of 1999. Article 474. Grounds. The cassation appeal may be filed for the following grounds: 1) disregard or erroneous application of the substantive law. 2) disregard for the provisions established by this code regarding inadmissibility, expiration, or nullity, provided that, with the exception of cases of absolute nullity, the appellant has promptly sought rectification of the defect, if possible, or filed a cassation appeal. 63 13