and recommending “glasses with organic lenses” for distance vision, for the “only
functionally useful eye (the right eye).” 125 Based on this examination, that same day, the
National Judiciary’s Forensic Physician sent a report to National Execution of Sentence Court
No. 2, in which he concluded that “the consequences of the disease […] could be managed
more appropriately outside the prison.” 126
102. On June 17, 2011, National Execution of Sentence Court No. 2 considered that “the
medical reports [were] conclusive as regards the delicate health of [Lucas Matías Mendoza],
his acute and irreversible medical condition, [and …] the increased effects caused by
suffering this in a prison establishment.” Taking this into account, approximately 13 years
after being hit by a ball that resulted in a retinal detachment, the court ordered his house
arrest so that, in this way, he could continue serving the life sentence that had been
imposed. 127
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
103. In the context of the request for provisional measures filed by the Inter-American
Commission on October 14, 2004, in favor of those detained in the Mendoza Provincial
Prison, among other matters, the Argentine State acknowledged that the situation inside the
prison, which included a high rate of violent deaths, was “critical,” and provided information
on the measures it was implementing to safeguard the life and integrity of the inmates,
such as regular inspections in order to find objects that could be used as weapons. 128 The
Inter-American Court ordered the adoption of provisional measures in the Order of
November 22, 2004, and this decision was reiterated by the Court in its Orders of June 18,
2005, March 30, 2006, and November 27, 2007, because it considered that the situation of
extreme gravity and urgency subsisted within this prison. It should be noted that, in an
official document signed by the State, the Inter-American Commission, and the
representatives of the beneficiaries of the provisional measures on the occasion of the public
hearing held in Asuncion, Paraguay, on May 11, 2005, Argentina undertook, inter alia, to
create an ad hoc Investigation Committee “in order to investigate the acts of violence and
deaths that had occurred in the prisons of the province of Mendoza between January 2004
[…] and [that] date,” and “to take measures in order to seize weapons of any type that
might be found in the establishments, [… and] to prevent the clandestine entry of weapons
[…].” 129 The provisional measures remained in force until November 26, 2010, when they
were lifted following “the adoption of several decisions at the domestic level that ha[d]
ordered the rectification of the situation in the Mendoza Prisons.” 130
125
Cf. Report of the ophthalmological examination of Lucas Matías Mendoza carried out by Dr. Roberto
Borrone on May 6, 2011 (file of annexes to the pleadings and motions brief, tome XIII, folio 7224).
126
Cf. Report of the Forensic Medicine Unit signed by Dr. Cristian Rando of June 15, 2011 (file of annexes to
the pleadings and motions brief, tome XIII, folio 7222).
127
Cf. Decision of the national execution of sentence judge of June 17, 2011, in case file No. 5895 (file of
annexes to the pleadings and motions brief, tome XIII, folio 7227).
128
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Decision of the InterAmerican Court of Human Rights of November 22, 2004, twelfth having seen paragraph and ninth considering
paragraph.
129
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the InterAmerican Court of Human Rights of March 30, 2006, fourth and fifth having seen paragraphs.
130
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the InterAmerican Court of Human Rights of November 26, 2010, forty-fourth considering paragraph.
37