release, is incompatible with the American Convention. In particular, that legal
framework is incompatible with the special obligations of protection and with the
social readaptation function of the penalty, established in Articles 19 and 5(6) of
the American Convention, interpreted in light of the corpus juris on the rights of
children and adolescents. In this way, the instant case will enable the Court to
apply some of the general principles on juvenile criminal justice set forth in Advisory
Opinion 17 and, accordingly, to develop solid case-law on the issue.
Second, the limitations with respect to review by means of the motion for
cassation in the instant case occurred due to the persistence of a legal framework
and judicial practice that is still incompatible with the scope and content of the right
enshrined in Article 8(2)(h) of the American Convention. The apparent tension
between the principles of accusatory criminal procedure system and the scope of
the right to a broad review continues to be a current issue in Argentina and in other
countries of the region, and which continues generating restrictions on the scope of
the right to appeal.
Finally, the violation of the right to life with respect to Ricardo David Videla
Fernández occurred, among other omissions, due to the lack of adequate care for
the mental health situation that afflicted him. Accordingly, the instant case will
enable the Inter-American Court to develop relevant standards on the state’s
obligations with respect to the mental health of persons under its custody in its
special position as guarantor of their life and personal integrity.
Mindful of the foregoing, and in the understanding that the existence of legal
frameworks incompatible with the American Convention, as well as the
development of case-law on novel issues in the inter-American system, are issues
that significantly affect the inter-American public order of human rights as per
Article 35(1)(f) of the Court’s Rules of Procedure, the Commission takes the
opportunity to offer the following expert witnesses:
1. Expert whose name will be provided as soon as possible, who will
testify as to international human rights standards in the area of
juvenile criminal justice, including the criteria of special nature of the
applicable framework in relation to both substantive and procedural
aspects, the application of the deprivation of liberty as a last resort,
and for the shortest possible time, the inappropriateness of applying
the penalty of perpetual imprisonment to adolescents, with
disproportionate times before being able to be released, among other
aspects. In addition, the expert will analyze Argentina’s legal
framework in relation to juvenile criminal justice in light of those
standards.
2. Alberto Bovino, who will testify on the scope of the right
enshrined in Article 8(2)(h) of the American Convention, particularly in
relation to the a priori exclusion of the possibility of review of issues
of fact or evidence due to the apparent tension between the principles