unconstitutionality and admitted the remedy of cassation. 86 On August 5, 2002, the Second
Chamber of the Supreme Court of Justice of the province of Mendoza (hereinafter “Mendoza
Supreme Court of Justice”) rejected the remedy of cassation. 87
88.
Subsequently, on November 5, 2002, the Mendoza Fifth Criminal Chamber decided to
consolidate the punishments imposed by the preceding courts, imposing on Saúl Cristian
Roldán Cajal the sentence to life imprisonment and retaining the declaration that he was a
repeat offender, 88 which meant that he was unable to apply for parole under article 13 of
the national Criminal Code.
C.4.
Ricardo David Videla Fernández
89.
The social report on Ricardo David Videla Fernández 89 dated November 30, 2011,
indicates that, “in May 2001, a judicial file was opened in which, [at the] age of 16 and a
half, he was accused of the theft of a bicycle.” 90 The case file before this Court does not
contain exact details of the tutelary treatment or of other offenses of which he was also
accused. However, the findings of the decision of December 5, 2002, handed down by the
Mendoza Juvenile Criminal Court mention that “the tutelary treatment of no less than one
year [had been] complied with […].” 91
90.
On November 28, 2002, the Mendoza Juvenile Criminal Court declared Ricardo David
Videla Fernández criminally responsible for committing the concurrent but separate offenses
of two counts of aggravated homicide with aggravated robbery, attempted robbery,
aggravated robbery, possession of weapons of war, and also aggravated robbery,
aggravated coercion and illegally carrying an arm for civilian use, and sentenced him to life
imprisonment. 92 Nine criminal proceedings were opened for these offenses. All of the
offenses of which he was accused took place while Ricardo David Videla Fernández was
under 18 years of age.
86
Cf. Decision of the Mendoza Juvenile Criminal Court, First Judicial District, of April 8, 2002, in case No.
005/00 (file of annexes to the pleadings and motions brief, tome XIII, folio 7001).
87
Cf. Decision of the Second Chamber of the Supreme Court of Justice of the province of Mendoza, of
August 5, 2002, in case No. 005/00 (file of annexes to the pleadings and motions brief, tome XIII, folio 7011).
88
Cf. Decision of the Fifth Criminal Chamber of the province of Mendoza of November 5, 2002 (file of
annexes to the pleadings and motions brief, tome XIII, folio 7012).
89
Ricardo David Videla Fernández was born on September 17, 1984, and attained his majority on
September 17, 2002. He was detained for the first time in May 2001, and for the last time in July 2002. He was
sentenced to life imprisonment on November 28, 2002, for crimes committed between May 24 and July 12, 2001.
Cf. Social report on Ricardo David Videla Fernández (file of annexes to the pleadings and motions brief, tome XIII,
folios 7122 and 7123).
90
Cf. Social report on Ricardo David Videla Fernández of November 30, 2011 (file of annexes to the
pleadings and motions brief, tome XIII, folio 7123). See, also, the explanatory statement of December 5, 2002, on
the grounds for the verdict of the Mendoza Juvenile Criminal Court, First Judicial District, in cases Nos. 109/110/
111/112/113/116/117/120/121 (file of annexes to the submission of the case, tome IX, folios 4992 and 4993).
91
Cf. Explanatory statement of December 5, 2002, on the grounds for the verdict of the Mendoza Juvenile
Criminal Court, First Judicial District, in cases Nos. 109/110/111/112/113/116/117/120/121 (file of annexes to the
submission of the case, tome IX, folios 4992 and 4993).
92
Cf. Judgment No. 107 of the Mendoza Juvenile Criminal Court, First Judicial District, of November 28,
2002, in cases Nos. 109/110/111/112/113/116/117/120/121 (file of annexes to the submission of the case, tome
IX, folio 4902).
32