27
Division, sent a note to the Director of the Mendoza Provincial Penitentiary in which he reported that Dr.
Parente, the physician in charge of maximum-security Cellblock 11, had told him that the situation in the
unit was “serious”, as a number of inmates had said that they wanted to commit suicide, either by hanging
or by other means.” Dr. Pizarro added that the 21-hour lockup system might be causing the inmates
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severe anxiety. He therefore asked the director to find an urgent solution to the problem.
110.
On June 30, 2005, the Director of General Security Inspection of the Ministry of Justice
and Security ordered a summary fact-finding investigation. On November 21, deputy prefect Héctor
Roberto Arango received the records in the administrative case file and ordered the pertinent evidence.
111.
By a memorandum dated January 5, 2006, the Prosecutor with the Departmental Capital
Prosecution Unit was asked to provide a copy of the records in 46824/05; on March 28, 2006, he was
86
asked to report whether the judicial inquiries had implicated any members of the penitentiary staff; the
response came by way of a note dated April 5, 2006, in which it is reported that no member of the prison
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staff was formally charged with wrongdoing.
112.
On May 16, 2006, prison officer Fernando Enrique Alvea Gutiérrez made his statement in
the preliminary fact-finding phase of case 7808-I-05, in the presence of the Office of the Inspector General
for Security of Mendoza Province. His statement was the same as the statement he made in the judicial
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inquiry. On May 17, 2006, the investigating authority in case 7808-I-05 requested that “the present
proceedings be closed without further action, pursuant to Article 346 of the CPP (Code of Criminal
Procedures(, of secondary application in this case, inasmuch as the evidence compiled does not suggest
that any member of the prison staff has incurred administrative culpability; closing the proceedings does
not bar further review and they could be reopened if any member of the prison staff was convicted.” The
investigating authority had determined that “prima facie, no member of the prison staff would appear to be
involved, as inmate Videla had allegedly previously stated his intention to hang himself, which in the end
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he did [...].”
F.
Lucas Matías Mendoza’s loss of sight
113.
Lucas Matías Mendoza suffered a detached retina as a result of a blow to his left eye in
1997, when he was being held in the Luis Agote juvenile detention center. That same year, and while still
in the custody of the State, he was diagnosed as having toxoplasmosis in the right eye. He was
subsequently examined at Hospital Durán and Hospital Santa Lucía, where they reported that the left eye
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was inoperable.
114.
The State did not provide any information on what medical follow-up or treatment Lucas
Matías Mendoza received as a result of that diagnosis. The information available indicates that on
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Internal memorandum 291, dated June 23, 2005, from Dr. Fernando Pizarro, Administrative Chief of the Prison’s Health
Division.
86
Communications, dated January 5 and March 28, 2006, which the Office of Inspector General of Security of the Ministry
of Justice and Security sent to the Prosecutor with the Mendoza Capital Prosecution Unit. Appeal that Dr. Fernando Gastón
Peñaloza, legal representative of young Videla’s next of kin, filed on July 31, 2006. The State’s brief of October 29, 2009, with a
copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached.
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April 5, 2006 note signed by Dr. María Virginia Rumbo, Pro-Secretary of the Mendoza Capital Prosecution Unit. Appeal
that Dr. Fernando Gastón Peñaloza, legal representative of young Videla’s next of kin, filed on July 31, 2006. The State’s brief of
October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached.
88
Statement by prison officer Fernando Enrique Alvea Gutiérrez. Appeal that Dr. Fernando Gastón Peñaloza, legal
representative of young Videla’s next of kin, filed on July 31, 2006. The State’s brief of October 29, 2009, with a copy of the
proceedings conducted into the death of Ricardo David Videla Fernández attached.
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Findings. Case 7808-I-05. May 17, 2006. Appeal that Dr. Fernando Gastón Peñaloza, legal representative of young
Videla’s next of kin, filed on July 31, 2006. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the
death of Ricardo David Videla Fernández attached.
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October 28, 2005 report prepared by Dr. Roberto N. Borrone, ophthalmologist with the Forensic Medical Corps of the
National Court System. The petitioners’ brief, received on November 29, 2005. Attachments.