Mendoza Prisons, designed, inter alia, to protect the life and personal integrity of the
persons detained in the Mendoza Prison. 301 However, the State has not provided any
evidence to prove that it has re-opened the investigations into the death of Ricardo David
Videla Fernandez as of that date, as alleged by Argentina (supra para. 215). 302
227. Based on all the above, the Court finds that Argentina is responsible for the violation
of the rights contained in Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) thereof, to the detriment of Stella Maris Fernández and Ricardo Roberto Videla,
mother and father of Ricardo David Videla Fernández, owing to the lack of due diligence in
the investigations to clarify the death of their son.
A.2.2.2. Other alleged violations
228. Regarding the argument of the representative that, supposedly, the evidence
collected under judicial file P-46824/05 was assessed arbitrarily, because some pieces of
evidence were given preference over others, the Court underlines that the international
jurisdiction is subsidiary in nature, 303 reinforcing and complementary; 304 hence, it does not
perform the functions of a court of “fourth instance.” The Court is called on to decide
whether, in the specific case, the State violated a right protected by the Convention,
thereby incurring international responsibility. Therefore, this Court will not rule on this
point.
229. As for the alleged lack of diligence in the investigation owing to the lapse of
approximately seven months between August 2005 and March 2006, during which
supposedly “no evidentiary action was taken” (supra para. 214), this Court verified that, on
the day that Ricardo David Videla Fernandez died, judicial file P-466824/05 was opened and
an autopsy was performed on the inmate’s body. In addition, on June 30, 2005, Gustavo
Olguín Masotto, a member of the Forensic Police, inspected the cell occupied by Videla
Fernández. Furthermore, between June and September 2005, at least seven testimonial
statements were taken from the staff of the Mendoza Provincial Prison, four testimonial
statements from persons incarcerated together with Ricardo Videla, and two testimonial
statements from members of the Prison Policy Monitoring Commission. Also, statements
were taken from another person who visited the prison with the said Commission during the
301
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the InterAmerican Court of Human Rights of November 22, 2001, first and second operative paragraphs; Matter of the
Mendoza Prisons. Provisional measures with regard to Argentina. Order of the Inter-American Court of Human
Rights of June 18, 2006, first operative paragraph, and Matter of the Mendoza Prisons. Provisional measures with
regard to Argentina. Order of the Inter-American Court of Human Rights of March 30, 2006, first and second
operative paragraphs.
302
In this regard, the Court observes that the State cited as evidence of these allegations a document
entitled “Annex I(b) Judicial proceedings related to the facts alleged by the IACHR and the representative of the
petitioners before the Inter-American Court,” which contains, among other matters, a summary of the actions
taken in the judicial proceedings opened in relation to the death of Ricardo David Videla. However, this document
does not contain any reference to the entity that prepared it or any other element that would allow the Court to
determine its probative value.
303
Cf. Case of Acevedo Jaramillo et al. v. Peru. Interpretation of the judgment on preliminary objections,
merits, reparations and costs. Judgment of November 24, 2006. Series C No. 157, para. 66, and Case of González
Medina and family members v. Dominican Republic. Preliminary objections, merits, reparations and costs.
Judgment of February 27, 2012 Series C No. 240, para. 38.
304
The Preamble to the American Convention states that the international protection is designed to
“reinforc[e] or complement the protection provided by the domestic law of the American States.” See also, The Effect
of Reservations on the Entry into Force of the American Convention on Human Rights (Arts. 74 and 75). Advisory
Opinion OC-2/82 of September 24, 1982. Series A No. 2, para. 31; The Word "Laws" in Article 30 of the American
Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 26, and Case of
González Medina and family members v. Dominican Republic, para. 38.
75