rejected by the judicial authorities because they found that the sentences in each case
were imposed according to the Constitution of Argentina and applicable legislation.
4. In communications received on June 23, 2005, both the petitioners and the State
informed the Commission of the death of Mr. Ricardo David Videla Fernández, who was
found dead in his cell at the Mendoza Penitentiary after a possible suicide.
5. On several occasions the State has expressed a willingness to reach a friendly
settlement in this case. However, no progress has been made in this regard and the
State has not responded to the allegations of fact presented by the petitioners
regarding the convictions of César Alberto Mendoza, Claudio David Núñez, Lucas
Matías Mendoza, Saúl Cristián Roldán Cajal, and Ricardo David Videla Fernández, nor
has it disputed the admissibility of the petition.
6. After analyzing the positions of the parties, the Commission determined that the
petition was admissible according to Articles 46 and 47 of the American Convention, as
well as Articles 30 and 37 of its Rules of Procedure. Therefore, the IACHR has decided
to notify the parties of its decision and to proceed to study the merits of the case
regarding the alleged violations of Articles 5 (right to humane treatment), 7 (right to
personal liberty), 8 (right to a fair trial), and 19 (rights of the child), in connection with
Articles 1(1) (obligation to respect rights) and 2 (duty to adopt domestic legal
measures) of the American Convention. The Commission has likewise determined to
notify the parties of this decision, publish it, and include it in its Annual Report to the
General Assembly of Organization of American States.
II.
PROCESSING BY THE COMISSION
7. The petitions on behalf of the alleged victims were received in the Executive
Secretariat of the Commission on the following dates: César Alberto Mendoza, June 17,
2002; Claudio David Núñez and Lucas Matías Mendoza, July 1, 2002; Saúl Cristian
Roldán Cajal, July 7, 2003; and Ricardo David Videla Fernández, December 30, 2003.
8. The Commission began processing the matter on April 2, 2004 when it transmitted
the relevant parts of the petition to the State and requested that the State submit a
reply within two months. In that same message, the IACHR informed the State that
the referenced matter constituted the joinder of the petitions of Guillermo Antonio
Álvarez, César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, and
Ricardo David Videla Fernández, which the Commission had joined pursuant to Article
29(1)(d) of its Rules of Procedure. On that same date, the Commission sent a message
to the petitioners informing them of same.
9. In note SG/36 of May 26, 2004, the State requested a one-month extension to
submit the report requested by the Commission. This was granted in a communication
dated June 8, 2004.
10. On June 28, 2004, the Commission submitted the relevant parts of the petition of
Saúl Cristián Roldán Cajal to the State, indicating that it had also been joined to
petition 270/02. Pursuant to its Rules of Procedure, the Commission gave the State
two months to reply to that submission.