166. Based on the above, and pursuant to Article 5(6) of the American Convention, the
Court considers that, owing to their characteristics, life imprisonment and reclusion for life
do not achieve the objective of the social reintegration of juveniles. Rather, this type of
sentence entails the maximum exclusion of the child from society, so that it functions in a
purely retributive sense, because the expectations of re-socialization are annulled to their
highest degree. Therefore, such sentences are not proportionate to the objective of the
criminal sanction of children.
167. Based on the foregoing (supra paras. 134 to 166), the Court finds that the State
violated the right recognized in Article 5(6) of the American Convention, in relation to
Articles 19 and 1(1) of this instrument, to the detriment of César Alberto Mendoza, Claudio
David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David Videla
Fernández, by imposing on them sentences of life imprisonment and reclusion for life,
respectively.
IX
THE RIGHTS TO PERSONAL INTEGRITY AND OF THE CHILD, IN RELATION TO THE
OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS
168. In this Chapter, the Court will examine whether the imposing of life sentences on the
juveniles César Alberto Mendoza, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal, Ricardo
David Videla Fernández and Claudio David Núñez constituted cruel, inhuman and degrading
treatment in the terms of the American Convention. It will also analyze the presumed
violations of the human rights of Lucas Matías Mendoza owing to the supposed lack of
medical care he suffered while in detention. Lastly, the Court will refer to the presumed acts
of torture suffered by Lucas Matías Mendoza and Claudio David Núñez during the time they
were detained at Ezeiza Federal Prison Complex I.
A. Life imprisonment and reclusion for life as cruel and inhuman treatment
A.1 Arguments of the Commission and pleadings of the parties
169. The Commission argued that the “arbitrariness and violations, both procedural and
substantive [that co-existed in this case,] meant that the sentences imposed on the
[presumed] victims resulted in inhuman treatment […].” Therefore, the Commission asked
the Court to declare that the State had violated Articles 5(1), 5(2) and 19 of the American
Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of César
Alberto Mendoza, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal, Ricardo David Videla
Fernández and Claudio David Núñez.
170. The representative argued that the sentencing to life imprisonment of the presumed
victims for offenses committed as children constituted cruel, inhuman and degrading
treatment. Therefore, she considered that Argentina had violated, among others, the rights
recognized in Articles 1(1), 5(1), 5(2) and 19 of the American Convention to their
detriment.
171. The State indicated that there were “certain inconsistencies in the argument that the
presumed victims had been subjected to cruel, inhuman and degrading treatment owing to
the life sentences imposed on them,” because “international law does not prohibit the
application of such sanctions.”
A.2. Considerations of the Court
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