these examinations all indicated that Lucas Matías Mendoza had been injured within the
Federal Prison Complex, and three of them, two from prison doctors and one from the
national Prison Oversight Office, indicated that the inmate had bruising on the soles of his
feet (supra paras. 127, 128, 130 and 131). Furthermore, five of the said reports indicated
that Claudio David Núñez had injuries on different parts of his body, and the report
prepared by the national Prison Oversight Office noted that he had an “irregularly-shaped
hematoma with imprecise edges on the fifth [left] metatarsal” (supra paras. 127, 128, 130
and 131). 283
208. In this regard, the Court observes that, according to the Istanbul Protocol (Manual
on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment), the “falanga” is a form of torture consisting in “the
repeated application of blunt trauma to the feet (or more rarely to the hands or hips),
usually applied with a truncheon, a length of pipe or similar weapon.” 284 According to the
Protocol, the application of the falanga can cause numerous complications and
syndromes. 285
209. Based on the above, owing to the nature and location of the injuries to Claudio David
Núñez and Lucas Matías Mendoza, which were recorded in several medical reports, the
Court finds that both of them were subjected to strong blows to the feet consistent with the
practice of “falanga,” a typical form of torture, and that these were undoubtedly inflicted
intentionally while they were deprived of liberty in Ezeiza Federal Prison Complex I. The
Court also finds it evident that the beatings that Lucas Matías Mendoza and Claudio David
Núñez received on their feet and other parts of their body while they were in the State’s
custody caused them severe physical suffering, as revealed by their statements.
210. Although the Court has no evidence to determine the purpose or objective of the
blows received by the youths Mendoza and Núñez, according to the Inter-American
Convention to Prevent and Punish Torture, this conduct can be carried out for “the purposes
of criminal investigation, as a means of intimidation, as personal punishment, as a
preventive measure, as a penalty, or for any other purpose.” 286 Moreover, as established
infra, the State failed to provide sufficient evidence, by means of an effective investigation,
to disprove the presumption of State responsibility for the torture suffered by Lucas Matías
Mendoza and Claudio David Núñez on the soles of their feet while in State custody and to
prove that the said injuries were the result of a “brawl” (infra paras. 235 and 236), as
alleged by Argentina.
211. In light of the above, the Court concludes that Lucas Matías Mendoza and Claudio
David Núñez were tortured within Ezeiza Federal Prison Complex I by the use of the
“falanga” (supra paras. 196 to 210). Consequently, the State is responsible for the violation
283
Cf. Report on the interview with Claudio David Núñez conducted by Dr. Jorge Teijeiro on December 12,
2007 (file of annexes to the pleadings and motions brief, tome XIII, folio 7452).
284
Cf. Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment), Office of the United Nations High Commissioner for
Human Rights (UNHCHR). Professional Training Series No. 8/Rev.1, United Nations, New York and Geneva, 2004,
para. 203.
285
Cf. Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment), Office of the United Nations High Commissioner for
Human Rights (UNHCHR). Professional Training Series No. 8/Rev.1, United Nations, New York and Geneva, 2004,
paras. 203 and 204. “The most severe complication of falanga is closed compartment syndrome, which can cause
muscle necrosis, vascular obstruction or gangrene of the distal portion of the foot or toes. Permanent deformities of
the feet are uncommon but do occur, as do fractures of the carpal, metacarpal and phalanges.”
286
Inter-American Convention to Prevent and Punish Torture, Article 2 (italics added).
69