With respect to the recommendation to undertake a complete, impartial,
effective investigation within a reasonable time to clarify the acts of torture suffered
by Lucas Matías Mendoza and Claudio David Núñez and, if appropriate, to impose
the corresponding sanctions, the State reiterated that the facts were the subject of
an administrative investigation in which no administrative sanctions were meted
out. In addition, it indicated that two judicial cases were pursued that were archived
on February 29 and July 2, 2008. This information is prior to the Commission’s
report on the merits; accordingly, this recommendation has yet to be carried out.
With regard to the recommendation to adopt measures of non-repetition that
include programs for training prison personnel in international human rights
standards, in particular on the right of persons deprived of liberty to be treated with
dignity, and on the prohibition of torture and other forms of cruel, inhuman, or
degrading treatment, the State reported on the diversity of courses and training
activities. The Commission takes note of this information and hopes that the State
will continue strengthening and consolidating those training programs, along with
other measures of non-repetition.
As for the recommendation to adopt the measures necessary to ensure that
the conditions of detention at the Provincial Prison of Mendoza comply with the
relevant inter-American standards, the Commission hopes that the State continues
the process of improving and adapting the conditions of detention at that prison.
Finally, with respect to the recommendation to make adequate material and
moral compensation for the human rights violations found, the State did not present
information, so it has yet to implement this point.
In view of the foregoing observations, the Commission considers that the
Argentine State has not made progress in carrying out the recommendations made
in the report on the merits. Accordingly, the IACHR considers it appropriate to
submit this case to the jurisdiction of the Court.
The Inter-American Commission submits to the jurisdiction of the Court all of
the facts and human rights violations described in report on the merits 172/10.
Accordingly, the IACHR asks the Court to find and declare that the Argentine State
is internationally responsible for the violation of:
Accordingly, the Commission asks the Inter-American Court to order the
following measures of reparation:
In addition to the need to obtain justice for the victims and their next-of-kin,
the IACHR emphasizes that this case involves several issues of inter-American
public order of human rights.
First, the imposition of the penalties of perpetual imprisonment and
confinement occurred in application of a legal framework for juvenile criminal justice
which, on allowing identical treatment for adolescents as for adult offenders,
including the application of a disproportionate time period before the possibility of