life imprisonment.” 250 Meanwhile, Saúl Cristian Roldán Cajal stated that “[t]he sentence to
life imprisonment had a strong impact on” him, because he had “been […] in prison long
enough to understand what each day of life in prison meant.” He indicated that “those
sentenced to life imprisonment [were] scum; they [were] condemned to the worst
suffering.” 251 In the case of Ricardo David Videla Fernández, the consequences of a life
sentence were evident because, apparently, it led him to end his life, and “[h]is life
sentence gave rise to a different situation that was more intense than the ordinary levels of
punishment.” 252
183. Based on the foregoing, the Court finds that the disproportionality of the sentences
imposed on César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl
Cristian Roldán Cajal and Ricardo David Videla Fernández is evident, and the extreme
psychological impact produced by the considerations indicated previously (supra paras. 169
to 182), constituted cruel and inhuman treatment. Therefore, the Court considers that the
State violated the rights recognized in Articles 5(1) and 5(2) 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.
B. Lack of adequate medical care in relation to the loss of vision of Lucas Matías
Mendoza
B.1. Arguments of the Commission and pleadings of the parties
184. The Commission maintained that it was for the State to provide information on the
Lucas Matías Mendoza’s loss of vision in both eyes while he was detained and on the
medical care provided. However, according to the Commission, the State “failed to comply
with the burden of proof” and did not “substantiate that its authorities acted with the special
care they were supposed to provide […]”; particularly given that Lucas Matías was a minor
when the retinal detachment in his left eye occurred. Consequently, the Commission
considered that Argentina had violated the right to personal integrity recognized in Articles
5(1) and 5(2) of the Convention in relation to Article 1(1) of this instrument, to the
detriment of Lucas Matías Mendoza.
185. The representative argued that, despite the disability Lucas Matías Mendoza acquired
while deprived of his liberty, “[d]uring the 16 years and 7 months he was detained,” his
situation was not modified, even though, “on several occasions, different State officials”
recommended a differentiated treatment. She emphasized that Lucas Mendoza was a minor
when he suffered the retinal detachment. However, according to the representative, “the
State only reacted […] on June 17, 2011,” when he was granted house arrest.
Consequently, she considered that the State had violated Articles 1(1), 5(1), 5(2), and 19 of
the American Convention, to the detriment of Lucas Matías Mendoza.
250
Cf. Social report on Lucas Matías Mendoza prepared by prepared by the Program of Attention to Social
Problems and Community Relations of the national Ombudsman’s Office, of November 30, 2011 (file of annexes to
the pleadings and motions brief, tome XIII, folio 6935).
251
Cf. Social report on Saúl Cristian Roldán Cajal prepared by the Program of Attention to Social Problems
and Community Relations of the national Ombudsman’s Office, of November 30, 2011 (file of annexes to the
pleadings and motions brief, tome XIII, folio 6949).
252
Cf. Social report on Ricardo David Videla Fernández prepared by the Program of Attention to Social
Problems and Community Relations of the national Ombudsman’s Office, of November 30, 2011 (file of annexes to
the pleadings and motions brief, tome XIII, folio 7133).
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