15
National Chamber of Criminal Cassation dismissed this motion in a ruling of June 23, 2000. This court
reached its conclusion after considering the following:
Having examined the court ruling at 3105/3134, this Chamber does not find any basis for the
defense counsel’s claim that the court failed to state the grounds for and justification of the
sentence, nor does it find any deviation from the provisions of Article 4, paragraph 3 of Law 22,278.
In fact, under the article in question, once the defendant reaches the age of 18, the court has the
authority to impose sentence upon a person convicted of a crime committed while still a minor,
when the facts of the case so dictate; it may reduce the sentence to the penalty imposed for an
attempt to commit the same crime. This was the framework in which the Juvenile Court for Oral
Proceedings operated when (at 313, paragraph 8) it explains the unavoidable need to impose
punishment on César Mendoza, as the court realized the number and severity of the criminal acts
which he co-authored […]. Given the specifics and consequences of his criminal behavior, his
conduct in prison is not sufficient to exempt him from sentencing or to apply a lesser sentence.
Furthermore, the mere fact that the court mentioned favorable circumstances does not constitute a
contradiction, as this does not necessarily signal that those positives are sufficient to offset the
abundant factors that –in the judgment of the court a quo- made César Mendoza deserving of the
penalty imposed; this argument, therefore, has to be dismissed.
As for the questions raised suggesting that the penalty was excessive, it is worth recalling that, as
this Chamber has held time and time again, the rules governing the individualization of the penalty
are to be applied by the judges hearing the case and are therefore in principle not subject to review
on cassation. The assessment is a function of the discretionary authorities of the trial court, except
when it can be shown that a ruling is arbitrary and thus in blatant violation of constitutional
guarantees [case law citations]. In the case sub judice, given the facts and circumstances weighed
by the Juvenile Court of Oral Proceedings, which were examined in earlier paragraphs, the penalty
does not appear to be either excessive or arbitrary.
This having been said, this Chamber does not find grounds for the petitioner’s claims of
arbitrariness […] since the decision being challenge has been reasonably substantiated […] and,
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moreover, sets forth the minimum necessary and sufficient legal grounds […].
66.
The Juvenile Court for Oral Proceedings admitted the two motions challenging the
constitutionality of the ruling and referred them to the National Chamber of Criminal Cassation, which
dismissed them in its ruling of June 23, 2000, in which it also dismissed the cassation motion filed.
Summarizing, the National Chamber of Criminal Cassation based its decision on the following reasoning:
When international treaties speak of torture or other cruel, inhuman or degrading treatment, they
are not referring to penalties that deprive an individual of his/her liberty or to the length of the
sentences … The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment does not apply to the pain or suffering that are experienced as a result of lawfully
applied penalties, or that are inherent or incidental to them.
Because our laws provide for the possibility of parole for those sentenced to life imprisonment, the
application of a life sentence in the case of a minor does not violate Article 37(a) of the Convention
on the Rights of the Child.
Under our legal system, the only sentence of life imprisonment that does not allow for the possibility
of parole is a life confinement […] the particular situation of César Alberto Mendoza is not
contemplated in Article 14 of the Penal Code.
The court trying the case determines the sentence, in exercise of its authorities, as it alone weighs
the aggravating and mitigating circumstances. As a matter of principle, these matters are not
subject to review on cassation except in the case of an obvious absurdity or arbitrariness, which is
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not present in the case sub judice.
17
Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 2: Court Rulings.
Ruling of Section II of the National Chamber of Criminal Cassation on June 23, 2000, Case No. 2544.
18
Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 2: Court Rulings.
Ruling of Section II of the National Chamber of Criminal Cassation on June 23, 2000, Case No. 2557.