9 IV. PROVEN FACTS 38. The present case concerns a series of events of various kinds all of which began when the adolescents César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristián Roldán Cajal and Ricardo David Videla Fernández stood trial, were convicted and sentenced to prison time or life imprisonment. Once sentenced, the victims were in the custody of the State, and it was while they were in State custody that a series of events transpired about which the petitioners submitted additional arguments. The Commission will present the facts that it takes as proven based on the evidence in the case file, in the following order: i) Framework of relevant laws in the juvenile criminal justice system; ii) Framework of relevant criminal procedural law on the matter of remedies; iii) The criminal proceedings prosecuted against the alleged victims; iv) The death of Ricardo David Videla Fernández; v) Lucas Matías Mendoza’s loss of vision; vi) Injuries sustained by Lucas Matías Mendoza and Claudio David Núñez; and vii) Injuries sustained by Saúl Cristian Roldán Cajal. A. Framework of relevant laws governing the juvenile criminal justice system 39. At the time of the events of the present case and to this day, Argentina’s juvenile criminal justice system has been governed by Law 22,278 of August 25, 1980, amended by Law 22,803. The provisions of this law that were applied in the cases prosecuted against the five alleged victims and that 8 are relevant for an examination of the merits of the present case are as follows: Article 1: A minor under the age of 16 years is not punishable. Nor is a minor under the age of 18 years punishable in the case of privately actionable offenses or offenses for which the maximum prison sentence is two years, with a fine or disqualification from exercise of certain civil rights. If there are charges against any such person, the judicial authorities shall make a provisional decision as to the course of action, shall proceed to establish the crime, shall hear directly from the minor, his or her parents or guardian and order any necessary reports and expert testimony to determine the individual’s personality, family, and environmental conditions. (…) Article 2: A minor between the ages of 16 and 18 who commits any of the crimes not listed in Article 1 is punishable. In such cases, the judicial authority shall prosecute accordingly, and shall order a provisional arrangement during prosecution of the case in order that the authorities given in article four may be exercised. (…) Article 4: The following conditions must be present in order to impose punishment in the case of a juvenile offender between the ages of 16 and 18: 1. The person’s criminal culpability –and civil liability if there is any- must be established according to the rules governing procedure. 2. The person concerned must be 18 years of age. 3. The person must have undergone a period of remedial custodial treatment for a period of not less than one year, which period may be extended if necessary until the person reaches the age of majority. Once these requirements have been met, if the nature of the crime, the minor’s background, the result of the remedial custodial treatment and the direct impression made on the judge are such that punishment is deemed necessary, then it shall be so resolved; the penalty may be reduced to the penalty dictated for attempts to commit the same crime. 8 Original petition filed on behalf of César Alberto Mendoza, received on June 17, 2002. Attachment 1. Legislation. Original petition filed on behalf of Claudio David Núñez received on July 1, 2002. Attachment 1. Legislation; Original petition filed on behalf of Lucas Matías Mendoza received on July 1, 2002. Attachment 1. Legislation.