334. The representative asked the Court to order training on human rights and the rights
of the child for “State officials from different entities (security forces, justice system
personnel, officials of juvenile institutions, prison staff) of the province of Mendoza and the
national jurisdiction.” She also asked the Court to “order the Argentine State to adopt the
necessary legal measures to prevent and eradicate torture, including the establishment of
an independent national mechanism for the prevention of torture.”
335. For its part, the State indicated that it was “working on the implementation of this
mechanism,” and that it “hoped to establish the national prevention mechanism by a
national law.” The State recalled that, in September 2011, the Chamber of Deputies of the
Nation approved the bill on the creation of the National System for the Prevention of
Torture, and that “the provinces of Chaco, Río Negro and Mendoza passed laws creating
provincial mechanisms to prevent torture, and bills are pending in the provinces of La
Pampa, Buenos Aires, Santa Fe and Neuquén.
B.3.4.2. Considerations of the Court
336. The Court assesses positively the progress made by the State to apply a mechanism
to prevent torture and urges the State to expedite the implementation of specific and
effective measures in this regard. However, the State did not explain whether this
mechanism is also applicable in detention centers and prisons.
337. Thus, in order to guarantee the non-repetition of the human rights violations
declared in this case, the Court finds it important to strengthen the institutional capacities of
federal prison personnel and prison personnel of the province of Mendoza, as well as of the
judges with competence for offenses committed by juveniles, by providing them with
training on the principles and norms of the protection of human rights and the rights of the
child, including those relating to humane treatment and torture. To this end, the State must
implement, within a reasonable time, if they do not exist at present, obligatory programs or
courses on the above-mentioned points as part of the general and ongoing education of the
said State officials. These programs or courses must include references to this Judgment, to
the Inter-American Court’s case law on personal integrity, torture, and the rights of the
child, as well as the international human rights obligations derived from the treaties to
which Argentina is a Party. 402
C. Obligation to investigate the facts and to identify,
appropriate, punish those responsible
prosecute and,
as
C.1. Investigation into the death of Ricardo David Videla Fernández
C.1.1. Arguments of the Commission and pleadings of the parties
338. The Commission and the representative asked for a complete, impartial and effective
investigation, within a reasonable time, to clarify the circumstances surrounding the death
of Ricardo David Videla Fernández and, if appropriate, to impose the corresponding
sanctions. The Commission indicated that “[t]his investigation should include possible
responsibilities for the omissions or breaches in the duty of prevention of the officials
responsible for the custody of the victim.” The representative also requested the publication
402
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 127, and Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits, reparations and
costs. Judgment of October 25, 2012. Series C No.252, para. 369.
106