275. Regarding the harm suffered by the next of kin of Claudio David Núñez owing to the
life sentence imposed on him, the Court observes, first, that his mother, Ana María del Valle
Brito, testified before notary public:
“I will never forget the moment when they sentenced him to life imprisonment. […] At that
moment, I thought that they had taken him away from me forever […]. But, at the same time, I
couldn’t grasp the idea of life imprisonment, and I still hoped that he would be released. It fills
you with anguish to think that you will never see him again. [… T]hey ruined his life. […] I think
we all stopped smiling. We missed Claudio. […] Every time the ‘phone ran, I froze. We expected
the worst news from the prison. Everything revolved around him. […] How can sentences this
long exist? That they condemn people, children, to spend their entire life behind bars? […]. 359
276. Ms. del Valle Brito also emphasized that her son had “been treated very badly,” and
that “the whole family felt” his pain. Also, the case file shows that Ms. del Valle Brito’s
health deteriorated following her son’s sentencing, which she perceived to be unjust. 360
277. In addition, according to the social report on Claudio David Núñez provided by the
representative, his partner, Jorgelina Amalia Díaz, “underscored that she had to give birth
to [their daughter] absolutely alone, as well as the daily tasks of raising her,” owing to his
imprisonment. According to the report, Ms. Díaz indicated “that she suffers from depression
and ‘is always [stressed]’ because, added to the different situations that occur in the
context of Claudio’s imprisonment, are the problems she experiences to satisfy her
daughter’s needs.” 361
278. Furthermore, the affidavit prepared by Ms. Diaz reveals that her father’s prison
regime has had an impact on their daughter, Zahira Lujan Núñez. In this regard, Ms. Diaz
recounted that her daughter leaves the visits to her father “in tears […] because she doesn’t
want to leave without him. Each time we go to Unit No. 4, Zahira is very angry for a couple
of days and only on the third of fourth day she once again behaves normally.” 362
279. In addition, regarding the alleged violation of the right to personal integrity of Pablo
Roberto Castaño, stepfather of Claudio David Núñez, the Court observes that it has no
evidence to prove any harm and will therefore not rule in this regard.
280. Consequently, the Court considers that Argentina is responsible for the violation of
Article 5(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment
of Ana María del Valle Brito, Jorgelina Amalia Díaz and Zahira Lujan Núñez.
B.1.3. Next of kin of Lucas Matías Mendoza
281. With regard to Martha Graciela Olguín and Elba Mercedes Pajón, mother and
grandmother, respectively, of Lucas Matías Mendoza, the Court observes that, according to
the social report submitted concerning him: “[t]he life sentence imposed on Lucas entailed a
complete ‘family breakdown,’ a definitive change in the lives of all the next of kin […]. While
the whole family group was affected, it was observed that the harm caused to Lucas’s
359
Cf. Testimony by affidavit of Ana María del Valle Brito of August 22, 2012 (merits file, tome II, folios 1379
and 1380).
360
Cf. Testimony by affidavit of Ana María del Valle Brito of August 22, 2012 (merits file, tome II, folios
1380), and Social report on Claudio David Núñez, of November 30, 2011 (file of annexes to the pleadings and
motions brief, tome XII, folio 6776).
361
Cf. Social report on Claudio David Núñez of November 30, 2011 (file of annexes to the pleadings and
motions brief, tome XII, folio 6776).
362
Cf. Testimony by affidavit of Jorgelina Amalia Díaz of August 21, 2012 (merits file, tome II, folios 1411).
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