286. Based on the above, the Court considers it proven that the State violated Article 5(1)
of the American Convention, in relation to Article 1(1) thereof, to the detriment of Florinda
Rosa Cajal.
B.1.5. Next of kin of Ricardo David Videla Fernández
287. Regarding the harm to the personal integrity of Ricardo Roberto Videla and Stella
Maris Fernandez, parents of Ricardo David Videla Fernandez, the Court observes that,
during the public hearing held in this case, Ms. Fernandez stated that she did not expect her
son to receive a life sentence, and recalled that when the sentence was handed down, she
“just gave him a kiss, and stayed there crying.” Also, according to the social report on the
family of Ricardo David Videla prepared on November 30, 2011, following the death of her
son:
“Stella Maris said she had no words to describe how painful it was to lose [her son] in the
circumstances in which he died […]. Her doctor suggested she start psychological treatment
because he considered that her hypertension was directly related to her emotional distress. In
this regard, he stressed that she knows that she is not well emotionally and that she cannot help
thinking all the time that 'just as there was a possibility of a review of David’s sentence and he
was hoping to enjoy life with his family and especially his son someday, what happened,
happened.” 369
288. Regarding Ricardo Roberto Videla, the Court observes that the social report only
records his visits to the detention center where his son was imprisoned. 370 However, the
severe emotional pain experienced by the parents of an inmate who dies in a State
detention center is evident to the Court, both as a direct result of the death, and owing to
the lack of an effective investigation into the matter. Consequently, the Court finds that the
State violated the right to personal integrity recognized in Article 5(1) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Stella Maris Fernandez
and Ricardo Roberto Videla.
B.1.6. Conclusions
289. Based on the foregoing, the Court finds that the next of kin of César Alberto
Mendoza, Claudia David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and
Ricardo David Videla Fernández identified in paragraphs 274, 280, 283, 286 and 288 of this
chapter suffered pain and anguish due to the life sentences imposed on them, for the
perpetration of offenses while they were minors, which led to family disintegration and, at
times, adverse physical effects. All this had an impact on the personal integrity of the said
next of kin, in violation of Article 5(1) of the American Convention, in relation to Article 1(1)
thereof, to their detriment.
XII
DOMESTIC LEGAL EFFECTS
290. Both the Commission and the representative argued the State’s failure to comply
with the obligation contained in Article 2 of the American Convention, 371 in relation to the
369
Cf. Social report on Ricardo David Videla Fernández of November 30, 2011 (file of annexes to the
pleadings and motions brief, tome XIII, folio 7129).
370
Cf. Social report on Ricardo David Videla Fernández of November 30, 2011 (file of annexes to the
pleadings and motions brief, tome XIII, folio 7127).
371
Article 2 establishes that: “[w]here the exercise of any of the rights or freedoms referred to in Article 1 is
not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with
93