of attaining parole. This ruling was the subject of a motion based on improper denial of
an appeal before the National Criminal Cassation Court. That Court ruled on the
Constitutional appeals on April 19, 2000, declaring that the sentence given to young
Núñez was consistent with the Constitution and the laws. In response to the rulings of
the Criminal Cassation Court, the court-appointed defense attorney of Claudio David
Núñez filed a special federal appeal, which was denied on August 3, 2000. Finally, the
alleged victim filed two motions based on improper denial of an appeal before the
National Supreme Court, which were denied in decisions handed down on August 23
and September 4, 2001; the first because it was submitted after the statutory time
limit, and the second because it did not refute each and every one of the arguments of
the order denying the special appeal.
51. The petitioners clarify Claudio David Núñez did not receive notification of the final
decision until April of 2002. The judicial decision was only reported to his defense
attorney, who failed to inform the alleged victim.
Lucas Matías Mendoza
52. This alleged victim was put on trial for the following crimes committed between
October 3, 1996 and January 9, 1997: armed robberies in private homes; 2
aggravated homicides and injury to several persons. He was 16 years of age at the
time. As a result, on April 12, 1999, pursuant to law 22,278, he was sentenced to life
in prison.
53. His private defense attorney filed a motion for cassation against the verdict. Added
to this was a motion for cassation and a Constitutional appeal filed by the Office of the
Public Defender for Minors and Legally Disqualified Persons. The motions for cassation
were denied by the Oral Juvenile Court based on the argument that they sought a
review of the facts and the evidence. The Public Defender for Minors and Legally
Disqualified Persons and the private attorney of Lucas Matías Mendoza then filed
recursos de queja, or motions based on improper denial of the cassation motion, which
were heard in Courtroom II of the National Criminal Cassation Court along with the
Constitutional appeal. This Court ruled that the sentence of life imprisonment bestowed
on young Mendoza was legitimate, in view of precedents that exist in the jurisprudence
regarding the legality and Constitutionality of said punishment.
54. In response to these decisions by the Criminal Cassation Court, young Mendoza’s
private defense attorney filed a special federal appeal with the National Supreme
Court, which was denied on April 3, 2001 for lack of separate grounds.
55. The petitioners clarify that Lucas Matías Mendoza was not notified of the final
decision in the domestic system until April of 2002. Notice of the judicial decision was
only given to his attorney, who failed to inform the alleged victim.
56. In addition, at the hearing held on October 17, 2005 during the 123 rd regular
period of sessions of the IACHR, petitioner Stella Maris Martínez reported that young
Lucas Matías Mendoza suffered a blow to his left eye while he was incarcerated at the
juvenile institute, which caused his retina to be detached. Because of inadequate
medical treatment, he has now had a permanent loss of vision. Additionally, due to
congenital toxoplasmosis, he has suffered a progressive loss of vision in the right eye
and is now 100% visually impaired. During the hearing and later in a written message