currently pending before the Supreme Court of Justice of Mendoza. The Commission observes that there is insufficient information on this victim to be able to issue a pronouncement on whether said motion for reconsideration is appropriate for carrying out this recommendation. With respect to the other victims, the State indicated that the possibility of commuting the sentence has been explored. Nonetheless, there is no information on specific steps taken on this point, or on the possibility of the victims having a review of their convictions in keeping with the recommendation in the report on the merits. In summary, the Commission observes that this recommendation has yet to be carried out, and that the procedural situation of the victims continues unchanged. With respect to the recommendation to ensure that the victims get the medical care they need as long as they are deprived of liberty, the State reported that all the youths receive such care based on their needs. The Commission does not have sufficient information to evaluate whether this recommendation has been carried out, and reiterates the importance of the State continuing to provide the medical care they need so long as the victims remain under its custody. As regards the recommendation to adopt the legislative and other measures for the system of criminal justice applicable to adolescents for conduct committed when they were under 18 years of age to be compatible with the State’s international obligations as regards special protection for children and the purpose of the penalty, the State referred to the legislative initiative called “Criminal Justice Regime applicable to Persons under 18 Years of Age in Conflict with the Criminal Law,” which is said to be before the Chamber of Deputies under File No. 0130-S2009. The information available indicates that to date no modification whatsoever of the Argentine juvenile criminal justice system has been implemented. As for the recommendation to adopt legislative and other measures to ensure effective observance of the right enshrined in Article 8(2)(h) of the American Convention, the State indicated that at present a preliminary bill is before the Executive related to Article 8(2)(h) of the Convention. This preliminary bill was introduced by a group of petitioners in the context of a petition that is pending before the IACHR. Based on the information provided, it does not appear that the Argentine authorities have adopted specific measures aimed at bringing Argentina’s domestic legislation into line with what is established in Article 8(2)(h) of the Convention. As for the recommendation to undertake a complete, impartial, and effective investigation within a reasonable time to clarify the death of Ricardo David Videla Fernández and, if appropriate, to impose the corresponding sanctions, including determining possible liabilities for the omissions or breaches of the duty to prevent of the public officials under whose custody the victim was in, the State reported that the victim’s representative requested the case be reopened on February 28, 2011. The IACHR observes that to date the case is still archived, and that the State has not adopted any measure whatsoever to order, on its own initiative, that the investigations into the death of the young Videla Fernández continue.

Select target paragraph3