16 19 67. César Alberto Mendoza’s court appointed public defender filed a special federal appeal which the National Chamber of Criminal Cassation declared inadmissible in a ruling dated August 24, 20 2000, on the grounds that the appeal “lacks any autonomous basis in law.” On August 24, 2000, the office of the clerk of the National Chamber of Criminal Cassation issued notification of this decision, of 21 which the court-appointed public defender was informed. The Commission does not have information to the effect that César Alberto Mendoza was ever personally notified of this decision. 2. Claudio David Núñez and Lucas Matías Mendoza 68. Claudio David Núñez and Lucas Matías Mendoza were tried jointly by the Juvenile Court for Oral Proceedings No. 1 of the Autonomous City of Buenos Aires. 69. On April 12, 1999, the Court found Claudio David Núñez guilty of five counts of aggravated homicide, eight counts of aggravated robbery in which a firearm was employed, unlawful 22 possession of a military firearm and association to commit crime. He was sentenced to life in prison. 70. In the same ruling, the court found Lucas Matías Mendoza guilty of two counts of aggravated homicide, eight counts of aggravated robbery in which a firearm was employed, association to commit crime, and illegal possession of a military firearm. Lucas David Núñez was sentenced to life in 23 prison. The crimes for which Claudio David Núñez and Lucas Matías Mendoza were convicted occurred when they were 17 and 16 years of age, respectively. 71. Three cassation motions were filed against the conviction handed down by the Juvenile Court for Oral Proceedings No. 1: (a) on behalf of Lucas Matías Mendoza, filed by his private defense 24 25 attorney; (b) on behalf of Claudio David Núñez, filed by his court-appointed public defender; and (c) on behalf of Lucas Matías Mendoza and Claudio David Núñez, filed by the Juvenile Public Defender’s 26 Office. 72. As grounds for her cassation motion the private attorney representing Lucas Matías Mendoza cited the court’s erroneous assessment of the facts and the evidence and the fact that some of 19 Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 2: Court Rulings. Special federal appeal filed by court appointed public defender Guillermo Lozano (the filing date is not visible on the document), case No. 2557. 20 Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 2: Court Rulings. Decision of Section II of the National Chamber of Criminal Cassation dated August 24, 2000, Case No. 2557. 21 Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 2: Court Rulings. Notification issued by the Office of the Clerk of the National Chamber of Criminal Cassation on August 24, 2000, Case No. 2557. 22 Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Judgment in Case No. 833/838/839/851/910/920/937/972/1069. In the specific case of Claudio David Núñez, the Commission notes that he was sentenced to confinement for life. The differences that distinguish it from life imprisonment make it the harsher of the two penalties. Article 24 of the Federal Penal Code captures some of those differences: Imprisonment pending trial shall be computed as follows: for every two days of detention pending trial, one day of confinement; for every day of detention pending trial, one of imprisonment, or two years of disqualification or a fine set by the Court, from $35 to $175. The Commission does not have detailed information as to how this regulation was enforced in the case Claudio David Núñez. 23 Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings. Judgment in Case No. 833/838/839/851/910/920/937/972/1069. 24 Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings. Cassation motion filed by attorney Mirta Beatriz López on May 3, 1999, cases Nos. 833/838/839/851/910/920/937/972/1069 25 Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Cassation motion filed by the court-appointed public defender Nelly Allende on May 3, 1999, cases No. 833/838/839/851/910/920/937/972/1069. 26 Original petitions filed on behalf of Claudio David Núñez and Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings. Cassation motion filed by Juvenile Public Defender María Luz de Fazio on May 3, 1999, Cases Nos. 833/838/839/851/910/920/937/972/1069.