The instant case is also related to a series of violations that occurred in the
framework of the serving of sentences under the custody of the State. Ricardo
David Videla Fernández and Saúl Cristian Roldán Cajal were subjected to inhumane
conditions of detention incompatible with their human dignity at the Provincial
Prison (Penitenciaría Provincial) of Mendoza, a situation that ultimately led to the
death of Ricardo David Videla Fernández, who suffered from mental health
problems; without the State adopting reasonable measures to prevent his death,
and, subsequently, to effectively investigate it. For his part, Lucas Matías Mendoza
lost his eyesight when the State failed to give him medical treatment to prevent the
deterioration of his situation, while Claudio David Núñez and Lucas Matías Mendoza
were victims of acts of torture that were not investigated adequately.
The Argentine State ratified the American Convention on Human Rights
(hereinafter “the American Convention,” “the Convention,” or “the ACHR”) and
accepted the contentious jurisdiction of the Inter-American Court on September 5,
1984.
The Commission has designated Commissioner Luz Patricia Mejía and the
Executive Secretary of the IACHR, Santiago A. Canton, as its delegates. In addition,
Elizabeth Abi-Mershed, Assistant Executive Secretary, María Claudia Pulido, Silvia
Serrano Guzmán, and Andrés Pizarro shall serve as legal advisers.
In keeping with Article 35 of the Rules of Procedure of the Inter-American
Court, the Commission attaches a copy of Report 172/10, drawn up in observance
of Article 50 of the Convention, as well as a copy of the entire record before the
Inter-American Commission (Appendix I) and the attachments used in the
preparation of Report 172/10 (Attachments). Notice of that report on the merits
was given to the Argentine State by communication of November 19, 2010, giving
it two months to report on implementation of the recommendations. In response to
the requests by the Argentine State and its express waiver of preliminary objections
with respect to the time period set forth at Article 51(1) of the American
Convention, the Commission granted three extensions for the State to adopt the
respective measures.
The Commission submits the instant case to the jurisdiction of the InterAmerican Court because of the need to obtain justice for the victims in the face of
the lack of substantial progress by the Argentine State in carrying out the
recommendations.
As for the recommendation to order the measures necessary for César
Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, and Saúl Cristian
Roldán Cajal to be able to file a remedy to obtain a broad review of the guilty
verdicts in keeping with Article 8(2)(h) of the American Convention, and the
recommendation to ensure that in such review international standards regarding
criminal justice in the case of children and adolescents are adhered to, and that a
determination be made as to the legal status of the victims consistent with those
standards, the reports from the State indicate that to date a motion for
reconsideration (recurso de revisión) filed on behalf of Saúl Cristian Roldán Cajal is