of the proceedings, the possibility of effective intervention by the next of kin, and the
dissemination of the eventual judgment “in the province’s mass media.”
339. In this regard, the State affirmed the “inadmissibility of any measure of reparation
related to […] the death of David Videla Fernández and the judicial investigations opened
concerning this incident,” because it considers that it was “international res judicata.”
C.1.2. Considerations of the Court
340. According to the considerations on the merits set out in Chapter X of this Judgment,
the Argentine State has the obligation to investigate with due diligence, the possible
responsibilities of the personnel of the Mendoza Prison for the presumed failure to comply
with their duty to prevent violations of the right to life of Ricardo David Videla (supra paras.
216 to 229). Therefore, the State must comply with the said obligation to investigate and,
as appropriate, sanction, by means of the pertinent judicial, disciplinary or administrative
mechanisms, the acts that could have contributed to the death of Ricardo David Videla in
that prison. 403
341. Furthermore, the victim’s next of kin or their representatives must have full access
and legal standing at all stages and levels of the domestic criminal proceedings held in this
case, in accordance with domestic legislation and the American Convention. The results of
these proceedings must be published by the State, so that the Argentine society can know
the truth regarding the facts of this case. 404
C.2. Investigation into the acts of torture suffered by Lucas Matías Mendoza and
Claudio David Núñez
C.2.1. Arguments of the Commission and pleadings of the parties
342. The Commission asked the Court to order the Argentine State “to conduct a
complete, impartial and effective investigation, within a reasonable time, to clarify the acts
of torture suffered by Lucas Matías Mendoza and Claudio David Núñez, and, as appropriate,
impose the corresponding sanctions. The representative and the State did not present
arguments in this regard.
C.2.2. Considerations of the Court
343. In this Judgment, the Court has determined that the State violated, to the detriment
of Claudio David Núñez and Lucas Matías Mendoza, Articles 5(1), 5(2), 8 and 25 of the
American Convention, in relation to Article 1(1) of this treaty, as well Articles 1, 6 and 8 of
the Inter-American Convention to Prevent and Punish Torture, because the State closed the
investigations opened into the torture committed against them, without Argentina having
provided a satisfactory and convincing explanation of what happened (supra paras. 232 to
236).
403
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 233, and Case of Fornerón and daughter v.
Argentina. Merits, reparations and costs. Judgment of April 27, 2012. Series C No.242, para. 172.
404
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of García and family members v. Guatemala. Merits, reparations and costs. Judgment of
November 29, 2012. Series C. No. 258, para. 197.
107