30.
Based on the arguments of the Commission and the pleadings of the parties, first,
the Court observes that the Commission’s Merits Report included a section on general facts
related to the “detention conditions in the Mendoza Provincial Prison.” However, in section
IV on “proven facts” of the Merits Report submitted to the Court, the Commission did not
establish specific facts regarding the presumed detention conditions of Saúl Cristian Roldán
Cajal in this prison. Therefore, this Court finds that the State’s argument on this point is
invalid. Consequently, henceforth the Court will refer only to the situation of Ricardo David
Videla Fernández.
31.
The Court underscores that, pursuant to Article 47(d) of the American Convention, a
petition shall be declared inadmissible when it is “substantially the same as one previously
studied by the Commission or by another international organization.” This Court has
established that “[t]he phrase ‘substantially the same’ signifies that there must be similarity
between the cases. For this similarity to exist, the presence of three elements is required,
namely: that the parties are the same, that the purpose is the same, and that the legal
grounds are identical.” 16
32.
In Section IV of the Merits Report on the “proven facts,” the Commission established,
among other matters, that, “in the absence of a different explanation from the State”, it
could be inferred that “the inhuman detention conditions to which [Ricardo David Videla
Fernández] was subjected” in the Mendoza Provincial Prison and “the absence of adequate
medical care and monitoring in response to the specific mental health condition he suffered”
were directly related to his death, which was not properly investigated. The Commission
indicated that “his mental health problem and his intention to take his own life were
aggravated by the persistence of the detention conditions he suffered.” Therefore, the
Commission concluded that the State had violated the rights to personal integrity and to life
of Ricardo David Videla Fernández recognized in Articles 5(1), 5(2) and 4(1) of the
American Convention, in relation to Article 1(1) of this instrument. In addition, the
Commission established that “the State did not provide the next of kin of Ricardo David
Videla Fernández with an effective remedy to clarify what happened and to establish who
was responsible.” Therefore, it concluded that the State had violated the rights recognized
in Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof.
The Commission did not specify which of his next of kin would be victims of this supposed
violation. However, in the Merits Report in this case, when referring, in general terms, to
the next of kin of the five presumed victims condemned to life imprisonment and reclusion
for life, who include Ricardo David Videla Fernández, it mentioned that his next of kin
include his father, Ricardo Roberto Videla, and his mother, Stella Maris Fernández. The
Commission did not establish other facts concerning the supposed general conditions of
detention of Ricardo David Videla during the time he was deprived of his liberty in this
prison.
33.
In addition, the Court observes that Report 84/11, which records the abovementioned friendly settlement agreement, was preceded by Admissibility Report 70/05 of
October 13, 2005, in which the Inter-American Commission “concluded that it was
competent to examine the petition regarding the supposed violations of the rights to life,
personal integrity and health, contained in Articles 4 and 5 of the American Convention, in
relation to the detention conditions of the inmates of the Mendoza Prison and the Gustavo
André Lavalle Unit.” The Commission also concluded that “it would analyze the possible
violation of Articles 1, 2, 7 and 25 of the Convention in relation to [the] obligations to
16
Cf. Case of Baena Ricardo et al. v. Panama. Preliminary objections. Judgment of November 18, 1999.
Series C No.61, para. 53, and Case of the Saramaka People. v. Suriname. Preliminary objections, merits,
reparations and costs. Judgment of November 28, 2007. Series C No. 172, para. 48.
15