were unreliable in practice and had unreliable results, causes the individual concerned additional suffering – considered unlawful and not inherent in those punishments – to the normal suffering associated with a sentence, so that [it is …] one of those punishments that [may] be regarded as cruel, inhuman or degrading treatment.” 245 179. Similarly, during the public hearing, expert witness Sofía Tiscornia referred to the impact of imposing a life sentence on the adolescents, taking into account the stage of development the alleged victims were undergoing: […] all these individuals sentenced to life imprisonment state that, on hearing the sentence, at first, they are unable […] to understand the scale of what has occurred. And when they do understand it, the effect is devastating; they feel that life has ended and, in many cases, they think the only thing they can do is take their own lives. […] I believe that this is particularly serious owing to the period of their life during which this occurs; they are not adults who can assume absolute responsibility for their actions, but rather adolescents who are still at a formative stage, who are not yet adults; who, at that moment of their development, are told by the law and the State that this is the end. [T]he effect is truly devastating.” 246 180. Expert witness Tiscornia also indicated that all the presumed victims “have recounted how their sentencing to life imprisonment ended any plans for the future.” In this regard, she mentioned that “the number of years of imprisonment imposed [by life sentences] is more than any adolescent has lived […].” Moreover, “added to this, the juveniles sentenced to life imprisonment are recipients of every type of corporal and psychological punishments and disdain,” because “those who have experienced or are experiencing prison since they were very young all agree that they fear they will be unable to rid themselves of that accursed and imposed identity when they return to life in society outside, and if they are sentenced to life imprisonment, what other identity can they assume?” 181. Expert witness Tiscornia also indicated that “[t]his sentence has extended over time, and these adolescents became men and continued to suffer these punishments.” Lastly, expert witness Tiscornia stated that “one of the most distressing issues [for the presumed victims] is, precisely, not knowing what to do with their time, and that is why they continually ask for access to education, some kind of intramural work, some type of activity. Generally, they do not get this, precisely because they have been sentenced to life imprisonment; thus, time […] is a merely time that passes […].” 247 182. Regarding his situation, César Alberto Mendoza stated that he “fe[lt …] he was part of the living dead [… that his] life was over,” when he learned that he would spend the rest of his life in prison. 248 He said that nothing was important to him any longer, and he began to misbehave and take drugs. Claudio David Núñez recounted that, when the guilty verdict was handed down, he felt that he “was being killed in life; that [he] had no future, nothing; and that […] he was going to die in prison.” 249 When he understood what life imprisonment signified, Lucas Matías Mendoza sent a letter to the Human Rights Secretariat of the national Ministry of Justice requesting euthanasia. He said he “would rather die than suffer 245 Cf. Expert opinion provided by Miguel Cillero before the Inter-American Court at the public hearing held on August 30, 2012. 246 Cf. Expert opinion provided by Sofía Tiscornia before the Inter-American Court at the public hearing held on August 30, 2012. 247 Cf. Expert opinion provided by Sofía Tiscornia before the Inter-American Court at the public hearing held on August 30, 2012. 248 Cf. Testimony of César Alberto Mendoza provided by affidavit on August 21, 2012 (merits file, tome II, folio 1383). 249 Cf. Testimony of Claudio David Núñez provided by video (file of annexes to the pleadings and motions brief, tome XIII, folio 7397). 61

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