66
h. The right protected in Article 5(1) of the American Convention, to the detriment of the
victims’ next of kin.
VII.
319.
RECOMMENDATIONS
Based on the conclusions reached in this report on the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
ARGENTINE STATE:
1.
Order the measures necessary to enable César Alberto Mendoza, Claudio David Núñez,
Lucas Matías Mendoza and Saúl Cristián Roldán Cajal to file a remedy to get a full review of their
convictions, in accordance with Article 8(2)(h) of the American Convention.
2.
Take measures to ensure that the international standards in the area of juvenile criminal
justice, as set forth in this report, are observed in that review and that the victims’ legal situation is
determined in accordance with those standards.
3.
Ensure that so long as they are deprived of their liberty, they receive any and all medical
treatment they may require.
4.
Order the legislative and other measures necessary so that the criminal justice system
applied in the case of juvenile offenders under the age of 18 is compatible with the State’s international
obligations with respect to the special measures of protection that children require and the purpose of
punishment, according to the parameters set forth in the present report.
5.
Order the legislative and other measures to ensure effective compliance with the right
recognized in Article 8(2)(h) of the American Convention, in accordance with the standards described in
the present report.
6.
Conduct a thorough, impartial and effective investigation, within a reasonable period of
time, to clarify the death of Ricardo David Videla Fernández and, if appropriate, impose any penalties that
may be in order. This investigation should include possible blame for any omissions or dereliction of the
duty to prevent on the part of prison personnel while the victim was in their custody.
7.
Conduct a thorough, impartial and effective investigation, within a reasonable period of
time, to clarify the facts surrounding the torture that Lucas Matías Mendoza and Claudio David Núñez
suffered and, if called for, impose the penalties that the law prescribes.
8.
Order measures of non-repetition that include training programs for prison personnel on
international human rights standards, particularly the right of persons deprived of liberty to decent
treatment and the prohibition of torture and other cruel, inhuman or degrading treatment.
9.
Order the measures necessary to ensure that the detention conditions at the Mendoza
Provincial Penitentiary are in compliance with inter-American standards on the matter.
10.
Make adequate compensation for the human rights violations found in the present report
for both pecuniary and non-pecuniary damages.