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 85 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 87 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 88 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 89 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 90 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 85 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. 87 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. 89 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. 90 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.

Select target paragraph3