65
315.
The Commission considers that the nature of the facts described thus far, including the
improper treatment -incompatible with international laws on the subject- of the victims when they were
sentenced to life in prison and confinement for life, respectively, the absence of a periodic review with a
view to the possibility of release or parole, and the consequences that their sentences had, allow one to
reasonably infer that the mental and moral integrity of the victims’ next of kin were also affected.
316.
The consequences were all the more serious in the case of the next of kin of Saúl
Cristián Roldán Cajal and Ricardo David Videla Fernández, given the inhumane detention conditions that
they endured while incarcerated in the Mendoza Penitentiaries. Particularly striking in the case of Ricardo
David Videla Fernández was the lack of proper treatment and, when he died while in the custody of the
State, the failure to conduct an effective investigation to determine what had happened. Similarly, the next
of kin of Claudio David Núñez and Lucas Matías Mendoza were affected by the treatment they received;
the latter’s loss of sight, and the failure to properly investigate any of these facts.
317.
The Commission therefore concludes that the Argentine State violated the right to have
one’s mental and moral integrity respected, protected under Article 5(1) of the American Convention in
relation to Article 1(1) thereof, to the detriment of the next of kin of César Alberto Mendoza, Claudio David
Núñez, Lucas Matías Mendoza, Saúl Cristián Roldán Cajal and Ricardo David Videla Fernández.
VI.
CONCLUSIONS
318.
Based on the observations set forth in this report, the Inter-American Commission on
Human Rights concludes that the Argentine State violated:
a. The rights protected under articles 5(6), 7(3) and 19 of the American Convention, in
relation to the obligations undertaken in articles 1(1) and 2 thereof, to the detriment of César
Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristián Roldán Cajal and
Ricardo David Videla Fernández.
b. The right protected under Article 8(2)(h) of the American Convention, in relation to the
obligations undertaken in articles 1(1) and 2 thereof, to the detriment of César Alberto Mendoza,
Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristián Roldán Cajal and Ricardo David
Videla Fernández.
c. The rights protected under articles 8(2)(d) and (e) of the American Convention, in relation
to the obligations undertaken in Article 1(1) thereof and to the detriment of César Alberto
Mendoza and Saúl Cristián Roldán Cajal.
d. The rights protected under articles 5(1) and 5(2) of the American Convention, in relation
to the obligations undertaken in Article 1(1) thereof and to the detriment of Saúl Cristián Roldán
Cajal and Ricardo David Videla Fernández.
e. The rights protected under articles 4(1) and 5(1) of the American Convention, to the
detriment of Ricardo David Videla Fernández, and articles 8(1) and 25(1) of the American
Convention, to the detriment of his next of kin, all in relation to the obligations undertaken in
Article 1(1) thereof.
f. The rights protected under articles 5(1), 5(2) and 19 of the American Convention, in
relation to the obligations undertaken in Article 1(1) thereof, to the detriment of Lucas Matías
Mendoza.
g. The rights protected in articles 5(1), 5(2), 8(1) and 25(1) of the American Convention, in
relation to the obligations undertaken in Article 1(1) thereof, to the detriment of Lucas Matías
Mendoza and Claudio David Núñez. Also, the obligations contained in articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture.