220. Regarding judicial investigation P-46824/05, the Court observes that, by a decision
of July 24, 2006, the judge responsible for procedural safeguards of the 10th First Instance
Court of Mendoza ordered that the case be closed at the request of the investigating
prosecutor, because, in his opinion, from the evidence in the case file it could not be
inferred that third parties were involved in the apparent suicide of Ricardo David Videla
Fernandez. Furthermore, according to the judge, it could not be inferred that the prison
staff had responded improperly to inmate Videla Fernandez’s threats to harm himself or to
their duty to act immediately once they became aware that he had been found hanged
(supra para. 116). Similarly, in the said decision, the judge indicated that the determination
of the possible responsibilities of the staff of the Mendoza Prison for the conditions inside
this detention center “exceed[ed] the sphere of judicial actions,” and was a “matter that fell
within the executive sphere” (supra para. 117).
221. In this regard, the Court has established in its case law that, when a State is a party
to an international treaty such as the American Convention on Human Rights, this treaty is
binding on all its organs, including the Judiciary and the Executive, whose members must
ensure that the effects of the provisions of these treaties are not lessened by the application
of laws or interpretations that are contrary to its object and purpose. The judges and organs
involved in the administration of justice at all levels are obliged to exercise ex officio a
“control of the conformity” between domestic law and the human rights treaties to which
the State is a party; evidently, within the framework of their respective competences and
the corresponding procedural regulations. In this task, the judges and other organs involved
in the administration of justice, such as the public prosecution service, must take into
account not only the American Convention and other inter-American instruments, but also
their interpretation by the Inter-American Court. 294
222. The Court observes that in the context of the judicial investigation opened into the
death of Ricardo David Videla Fernández, there were indications that he was in a depressed
mood in the days before his death and that he was suffering, among other factors, due to
the deplorable conditions in which he was detained – which the State had recognized
previously – and the prolonged confinement regime of more than 20 hours a day, which was
verified by Ricardo Flores, a member of the Prison Policy Monitoring Commission responsible
for the unit in which Ricardo David Videla Fernandez was being held (supra para. 107).
Nevertheless, at no point were the possible responsibilities of the prison staff investigated
for the presumed failure to comply with their duty to prevent violations to the right to life of
Videla Fernández owing to the omissions related, on the one hand, to his detention
conditions and, on the other hand, to his state of depression, factors that may have
contributed to his death. It is worth noting in this regard that, in the days following this
event, a doctor in charge of the unit in which Videla Fernández was being held stated that
the situation in this unit was “serious” and that several inmates had expressed the desire to
kill themselves (supra para. 121). In addition, under the friendly settlement agreement
signed in case No. 12,532 Mendoza Prison Inmates, the State assumed responsibility, in
general, for the violation of the rights to life and to personal integrity of the inmates of the
Mendoza Prison, including Ricardo Videla, owing to the deplorable condition in which they
were being held (supra para. 33). Thus, under this agreement, an ad hoc Court was created
to determine the corresponding reparations. In an arbitral award of November 29, 2010,
that court indicated, among other matters, that “the government of the province of
294
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs.
Judgment of September 26, 2006. Series C No. 154, para. 124, and Case of the Massacre of Santo Domingo v.
Colombia, footnote 193.
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