entail the deprivation of liberty for the shortest possible time or for a period specified at the
time of sentencing, and they do permit periodic review of the need for the deprivation of
liberty of the children.
164. Consequently the Court finds that the State violated the right recognized in Article
7(3) of the American Convention to the detriment of César Alberto Mendoza, Lucas Matías
Mendoza, Saúl Cristian Roldán Cajal, Ricardo David Videla Fernández and Claudio David
Núñez, in relation to Articles 19 and 1(1) of this instrument, by sentencing them to life
imprisonment and reclusion for life, respectively, for the perpetration of offenses while still
minors. In this regard, the Court observes that, in the judgments delivered by the Mendoza
Supreme Court of Justice on March 9, 2012, sentencing Saúl Cristian Roldán Cajal and, on
August 21, 2012, by the Second Chamber of the Federal Criminal Cassation Chamber
sentencing César Alberto Mendoza, Claudio David Núñez and Lucas Matías Mendoza, among
other considerations, it was indicated that, when imposing sentences of life imprisonment
and reclusion for life for the perpetration of offenses while under 18 years of age, the
judges did not consider the application of the principles contained in the international laws
on the rights of the child. 235
B.3. Purpose of the sentence to imprisonment
165. The American Convention on Human Rights does not refer expressly to life
imprisonment or reclusion for life. However, the Court underscores that, pursuant to Article
5(6) of the American Convention, “the deprivation of liberty shall have as an essential aim
the reform and social reintegration of the prisoners.” In this regard, the Convention on the
Rights of the Child stipulates that, when a child has been found guilty of committing a
crime, the child has the right “to be treated in a manner consistent with the promotion of
the child's sense of dignity and worth, which reinforces the child's respect for the human
rights and fundamental freedoms of others and which takes into account the child's age and
the desirability of promoting the child's reintegration and the child's assuming a constructive
role in society.” 236 Thus, the measure that should be ordered as a result of the perpetration
of an offense must have the objective of the child’s reintegration into society. Therefore, the
proportionality of the sentence is closely related to its purpose.
235
Regarding Saúl Cristian Roldán Cajal, the Mendoza Supreme Court of Justice considered that: “it follows
that, when deciding on the sentence, the judge must take into account its effects from the perspective of special
prevention, because fundamentally juvenile criminal law is designed to avoid its negative effects [… and to achieve]
social reinsertion; therefore this must be specifically considered in the punishment.” Cf. Decision of the Supreme
Court of Justice of the Mendoza Judiciary of March 9, 2012, in case No. 102.319 (file of annexes to the answering
brief, tome XV, folio 7897). Regarding César Alberto Mendoza, the respective sentence indicates that: “the judges
are obliged to justify the punishment imposed and to proceed to apply the sanction; they must also explain the
grounds for whether or not they apply the reduced level under article 4 of Law 22,278. All this is derived from the
principles of ultima ratio, subsidiarity and the best interests of the child that must be considered when prosecuting
juveniles.” Consequently, “the sentence, without the reduction to the level of an attempted offense, must only be
applied in extraordinary circumstances. The Court must assess – in order not to reduce the sentence – how this
would be appropriate to promote the rehabilitation of the juvenile, because, the contrary would entail giving the
juvenile the same treatment as an adult without considering his different status. […] Thus, it may be seen that an
analysis has not been made of the guilt for the act (which the judges had to consider especially in a reduced way
[…]), but rather they based themselves on criteria of dangerousness that are included in the criminal law relating
to the offender, and which are incompatible with the principles embodied in articles 18 and 19 of the
[Constitution].” Similar considerations were made with regard to Claudio David Núñez and Lucas Matías Mendoza.
Cf. Judgment of the Federal Criminal Cassation Chamber of August 21, 2012, in case No. 14,087 (file of annexes to
the representative’s final written arguments, tome XVII, folios 8238, 8239 and 8288).
236
Convention on the Rights of the Child. Adopted and open to signature and ratification by the General
Assembly of the United Nations in resolution 44/25 of 20 November 1989, article 40.1.
57