Matías Mendoza was 12 years of age, and he was raised by his mother and his
grandmother. His mother was responsible for maintaining the whole family group, in very
precarious socio-economic circumstances. Lucas Mendoza never completed his secondary
studies. Regarding his neighborhood, the youth recounted that there, “all kinds of things
happen[ed]” and that it was “a daily event […] that someone died.” In 1997, Mendoza was
arrested and, as of that time, his time in juvenile institutions began. 39
72.
Saúl Cristian Roldan Cajal was born on February 10, 1981, in the province of
Santiago del Estero, and when he was seven years old, his family moved to the capital of
the province of Mendoza where they established themselves in a house located in one of the
city’s most underprivileged neighborhoods. Roldán Cajal begged on the streets from a very
young age, and his father died during his childhood. At that age, he was institutionalized in
Colonia 20 de Junio, a center housing children separated from their family group.
Subsequently, he spent time with different care families and in the Socio-educational
Orientation Center (COSE), until finally, at the age of 18, he was arrested. 40
73.
Ricardo David Videla Fernández was born on September 17, 1984, and lived in the
San Martín neighborhood, on the outskirts of Mendoza. His parents worked long hours,
which meant that they were unable to “be present while their children were growing up,” as
Stella Maris Fernández, the young man’s mother has recounted. At the age of 14, David
Videla Fernández began to work at paid jobs. When he was 15 years old, his mother started
to notice changes in his behavior and discovered that he was using drugs. When he was 16
and a half, he was arrested for the first time and interned in the COSE and, as of that time,
his time in juvenile institutions began. 41
B.
Law 22,278
74.
Law 22,278 on the Juvenile Criminal Regime was published in the official gazette on
August 28, 1980, and was last amended in 1989 by Law 23,742. 42 Thus, this law was
“conceived and promulgated by the last military dictatorship, and not by the democratic
institutions of government.” 43 Owing to the federal structure of government in Argentina,
Law 22,278 has nationwide scope, making it applicable in the provincial and national-federal
jurisdictions, and in the jurisdiction of the Autonomous City of Buenos Aires. 44 Likewise, the
federal organization of the Argentine State accords each province the task of regulating
criminal proceedings and the organization of the judiciary. 45
39
Cf. Social report on Lucas Matías Mendoza of November 30, 2011 (file of annexes to the pleadings and
motions brief, tome XIII, folios 6933 to 6935). See also the Social report on Lucas Matías Mendoza of January 3,
1997 (file of annexes to the pleadings and motions brief, tome XIII, folios 7145 and 7146).
40
The medical report of September 17, 2004, on Saúl Cristian Roldan Cajal indicates that his father died
when he was 8 years old; however, the social report of November 30, 2011, states that his father died in 1991,
when Saúl Cristian Roldan Cajal was 10 years of age. Cf. Social report on Saúl Cristian Roldán Cajal (file of annexes
to the pleadings and motions brief, tome XIII, folios 6948 and 6949), and Medical report on Saúl Cristian Roldán
Cajal of September 17, 2004 (file of annexes to the pleadings and motions brief, tome XIII, folio 7116).
41
Cf. Social report on Ricardo David Videla Fernández, November 30, 2011 (file of annexes to the pleadings
and motions brief, tome XIII, folios 7122 and 7123).
42
Cf. Law 22,278 (file of annexes to the submission of the case, tome VII, folios 4071 to 4073).
43
Cf. expert opinion of Liliana Gimol Pinto (merits file, tome II, folio 1469).
44
Cf. expert opinion of Liliana Gimol Pinto (merits file, tome II, folio 1469).
45
Cf. UNICEF. National Secretariat for Children, Adolescents and the Family, Adolescentes en el Sistema
Penal. Situación actual and propuesta para un proceso de transformación, 1st edition, September 2008. (annexes
to the pleadings and motions brief, tome XI, folio 6214).
26