E. Lucas Matías Mendoza's loss of vision
35
F. Detention conditions in the Mendoza Provincial Prisons, the death of Ricardo
David Videla Fernández, and its investigation
F.1. Situation of violence in the Mendoza provincial prisons
F.2. Death of Ricardo David Videla Fernández
F.3. The prosecution’s investigation into the death of Ricardo David Videla
Fernández
F.4. Administrative investigation into the death of Ricardo David Videla
Fernández
G. The injuries sustained by Lucas Matías Mendoza and Claudio David Núñez in
Ezeiza Federal Prison Complex No. 1
VIII
RIGHTS TO PERSONAL INTEGRITY, PERSONAL LIBERTY, AND OF THE CHILD
IN RELATION TO THE OBLIGATIONS TO RESPECT AND ENSURE RIGHTS
A.
Arguments of the Commission and pleadings of the parties
B. Considerations of the Court
B.1. The sentences imposed on Saúl Cristian Roldán Cajal, Ricardo David Videla
Fernández, César Alberto Mendoza, Claudio David Núñez and Lucas Matías
Mendoza
B.2. Arbitrariness of the criminal sanctions
B.3. Purpose of the sentence to imprisonment
37
37
38
39
42
44
47
47
48
53
56
57
IX
RIGHTS TO PERSONAL INTEGRITY AND OF THE CHILD, IN RELATION TO THE
OBLIGATIONS TO RESPECT AND ENSURE RIGHTS
58
A. Life imprisonment and reclusion for life as cruel and inhuman treatment
A.1. Arguments of the Commission and pleadings of the parties
A.2. Considerations of the Court
58
58
59
B. Lack of adequate medical care in relation to the loss of vision of Lucas Matías
Mendoza
B.1. Arguments of the Commission and pleadings of the parties
B.2. Considerations of the Court
62
62
63
C. Torture suffered by Lucas Matías Mendoza and Claudio David Núñez
C.1. Arguments of the Commission and pleadings of the parties
C.2. Considerations of the Court
65
66
66
X
RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION, AND OF THE
CHILD, IN RELATION TO THE OBLIGATION TO RESPECT AND ENSURE RIGHTS, AS
WELL AS TO THE OBLIGATIONS ESTABLISHED IN ARTICLES 1, 6 AND 8 OF THE
INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
70
A. Investigation into the death of Ricardo David Videla Fernández
A.1. Arguments of the Commission and pleadings of the parties
A.2. Considerations of the Court
A.2.1. Obligation to investigate the death of a person in the State’s custody
A.2.2. Due diligence in the investigation of the death of Ricardo David Videla
A.2.1.1. Lines of investigation
A.2.2.2. Other alleged violations
B.
70
70
72
72
73
73
75
Investigation of the acts of torture against Lucas Matías Mendoza and Claudio
David Núñez
B.1. Arguments of the Commission and pleadings of the parties
B.2. Considerations of the Court
76
76
76
C. Right to appeal the sentence
78
3