the Argentine National Secretariat for Children, Adolescents and the Family, “some adolescents declared criminally responsible for the same act are sentenced to the punishments established for adults while others are acquitted as if they had not committed the act, which is a clear example of the degree of discretion accorded […] to the judges.” 49 C. The criminal sentences handed down in this case 50 C.1. César Alberto Mendoza 77. On December 18, 1996, the investigating judge decreed that César Alberto Mendoza 51 be tried for his responsibility in the offenses of doubly aggravated robbery, together with serious injuries and aggravated double homicide, the latter as a necessary accomplice. The investigating judge declined jurisdiction and referred the case to Juvenile Court No. 4. 52 On February 13, 1997, this court expanded the said proceedings and considered César Alberto Mendoza co-perpetrator of four counts of armed robbery. 53 As a result of this, on March 7, 1997, the opening of a file on custody provisions was ordered. 54 On October 18, 1999, the Oral Juvenile Court declared that the tutelary provisions of César Alberto Mendoza had expired because he had attained his majority, and ordered that he be included in case No. 1048, 55 for the corresponding sentence to be delivered. 78. On October 28, 1999, Oral Juvenile Court No. 1 of the Autonomous City of Buenos Aires (hereinafter “the Oral Juvenile Court”) declared César Alberto Mendoza, 21 years old, co-perpetrator criminally responsible for the concurrent offenses of four counts of armed robbery, two counts of aggravated homicide, and serious injuries. Based on Law 22,278, he was sentenced to life imprisonment. 56 The crimes of which he was convicted were committed when he was under 18 years of age. 79. On November 16, 1999, the official public defender of the case filed an remedy of cassation with regard to César Alberto Mendoza’s sentence. 57 The Oral Juvenile Court dismissed the remedy of cassation on November 30, 1999. 58 49 Cf. UNICEF. National Secretariat for Children, Adolescents and the Family, Adolescentes en el Sistema Penal. Situación actual and propuesta para un proceso de transformación, 1st edition, September 2008 (annexes to the pleadings and motions brief, tome XI, folio 6214). 50 In addition to the remedies of cassation, the defense counsel of César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David Videla Fernández also filed other appeals, such as the appeal based on unconstitutionality and the special federal appeal. However, as there is no dispute among the parties regarding the effects of these appeals and the corresponding decisions, the Court will not refer to them in the proven facts of this case, and will not rule in this regard. 51 Cesar Alberto Mendoza was born on October 17, 1978, and attained his majority on October 17, 1996. He was detained on December 2, 1996, and was sentenced to life imprisonment on October 28, 1999, for crimes committed on July 28, 1996. Cf. Social report on Cesar Alberto Mendoza of November 30, 2011 (file of annexes to the pleadings and motions brief, tome XII, folio 6694). See, also, the decision of First Instance Judge Ricardo Luis Farias of December 18, 1996 (file of annexes to the pleadings and motions brief, tome XII, folio 6814). 52 Cf. Decision of First Instance Judge Ricardo Luis Farias of December 18, 1996 (file of annexes to the pleadings and motions brief, tome XII, folios 6814, 6821 and 6822). 53 Cf. Decision of María Cecilia Maiza, judge of National Court No. 4 of February 13, 1997 (file of annexes to the pleadings and motions brief, tome XII, folios 6823 and 6830). 54 Cf. Note of Judge Horacio Barberis of March 7, 1997 (file of annexes to the pleadings and motions brief, tome XII, folios 6800). 55 Cf. Decision of Judge Eduardo Osvaldo Albano of October 18, 1999 (file of annexes to the pleadings and motions brief, tome XII, folios 6923). 56 Cf. Judgment of Juvenile Oral Court No. 1 of the Autonomous City of Buenos Aires of October 28, 1999, in case No. 1,084 (file of annexes to the pleadings and motions brief, tome XII, folio 6705). 57 Cf. Remedy of cassation filed by Nelly Allende, official public defender of Cesar Alberto Mendoza in case No. 1,084 (file of annexes to the submission of the case, tome VIII, folio 4427). 28