adulthood in maximum security prisons. This places at risk their physical and moral
integrity, and limits their personal growth.
40. The petitioners indicate that while serving their sentences, the alleged victims have
been transferred repeatedly from one detention center to another. They have received
minimal formal education and virtually no vocational training that might enhance their
chances of entering the labor market or their general rehabilitation.
41. The petitioners allege that during the negotiations seeking to settle this complaint,
the State presented several draft bills which would place limits on prison sentences for
persons under 18 years of age. However, no progress has been made in this regard
because none of the bills has been voted on in the legislature.
42. In the petitioners’ last message, received in the IACHR on January 2, 2008, they
refer to a decision in Courtroom III of the National Criminal Cassation Court which
declared Article 1 of law 22,278 to be unconstitutional. 6 The petitioners stress that in
the view of that Court, “[…] in practice there is a very wide margin of discretion
regarding measures to be adopted, and the criteria of criminal law are applied to the
accused when the decision is based on aspects related to the personality of the minor
child.” The petitioners note that in operative paragraph V the Cassation Court exhorted
the Legislative Branch to “bring the juvenile criminal justice legislation in line with
international standards.”7
43. The petitioners provided the Commission with the following information with regard
to each of the young men involved:
César Alberto Mendoza
44. This alleged victim was tried for the following crimes committed July 27 and 28,
1996: theft of 3 vehicles; 4 armed robberies; 2 aggravated homicides and injury to
several individuals. At the time he was 17 years and 10 months of age.
45. On October 28, 1999, according to the provisions of law 22,278, he was sentenced
to life in prison by Oral Juvenile Court No. 1 of the autonomous city of Buenos Aires.
The petitioners state that Mendoza’s court-appointed defense attorney filed a motion
for cassation of the verdict and an appeal on the grounds that the sentence was
6 Article 1 of law 22,278 “Juvenile Criminal Justice System” establishes:
A minor under the age of 16 years is not punishable. Nor is a minor under the age of 18 years
punishable with regard to private crimes or crimes that carry a sentence of deprivation of liberty not
to exceed two years, with a fine, or with removal of civil rights.
If there are charges against any such person, the judicial authorities shall dispose the case
provisionally, proceed to verify the crime, directly take cognizance of the minor, his or her parents,
or guardian and order any necessary reports and expert testimony to determine the status of the
individual’s personality, family, and environmental conditions.
If necessary, the minor may be placed in an appropriate location during the time required for the
study. If the studies conducted show the minor to be abandoned, lacking assistance, and in
material or moral danger, or presenting behavioral problems, the judge may dispose of the matter
permanently through a well-founded court order, after a hearing the with parents or guardian.
7 A copy of the Cassation Court’s decision is in the Commission’s file. The relevant segment reads:
“Resolves ... V) To exhort the Legislative Branch to bring the juvenile criminal justice legislation in line with
the new constitutional standards and establish a comprehensive system that is coordinated with law 26,061
“Comprehensive Protection of the Rights of Children and Adolescents” within a time period not to exceed one
(1) year.