the injuries sustained by both “[were] evolving,” 185 and that those of Claudio David Núñez
were “not acute.” 186 Regarding Lucas Matías Mendoza, the report indicated, among other
matters, that he had a “hematoma on the soles of both feet.” 187
129. On December 13, 2007, members of the Prison Commission of the Ombudsman’s
Office went to Federal Prison Complex No. 1 and interviewed both detainees, who gave their
version of what happened. In his statement, Lucas Matías Mendoza affirmed that a group of
four members of the inspection unit of Federal Prison Complex I entered his cell, and that
one of them hit him on the head with a stick, after which he was taken to the “leonera” 188
where he received more than 20 blows to the soles of his feet. He was then taken to
another sector where he was ordered to get up and walk and, since he was unable to do so,
they began to beat him again. 189 Meanwhile, Claudio David Núñez stated that he had
received similar treatment. 190
130. On December 17, 2007, in the context of the investigation opened as a result of the
complaint filed by the defense counsel of both inmates (supra para. 126), the secretary of
Sentence Execution Court No. 2 took the statements of Lucas Matías Mendoza and Claudio
David Núñez. On that occasion, they both indicated that, “on December 9, after 10.30 p.m.,
[they] were subjected to unlawful coercion, [… and indicated that [they did] not want to
elaborate further, because [they] fear[ed’] for their physical integrity.” 191 On December 18,
2007, the case file was forwarded to the National Federal Criminal and Correctional Court of
Lomas de Zamora in order to report the facts that could constitute offenses for which a
public action was in order. 192 As a result, case No. 615 was opened for the alleged coercion
185
Cf. Medical report on Lucas Matías Mendoza, prepared by Dr. Héctor Rossini (file of annexes to the
submission of the case, tome X, folio 5563 bis). See, also, the medical report on Claudio David Núñez, prepared by
Dr. Héctor Rossini (file of annexes to the submission of the case, tome X, folio 5563).
186
The medical report indicates that Claudio David Núñez had: “erythema with a scab in the umbilical region;
two injuries with similar characteristics on the right knee, abrasions on the right iliac crest, abrasions on the left
thigh and lower arm, [and] an injury with a scab in the right scapular region.” The report is dated December 12,
2007; however, it indicates that the consultation took place on December 13, 2007. Cf. Medical report of Claudio
David Núñez, prepared by Dr. Héctor Rossini (file of annexes to the submission of the case, tome X, folio 5563).
187
The report indicates that Lucas had: “[…] sutured cut to the scalp, abrasion with scab in the left scapular
region, and hematoma on both soles.” The report is dated December 12, 2007; however, it indicates that the
consultation took place on December 13, 2007. Cf. Medical report on Lucas Matías Mendoza, prepared by Dr.
Héctor Rossini (file of annexes to the submission of the case, tome X, folio 5563 bis).
188
According to the representative, the “leonera” is an individual cell where those in transit are kept. Cf.
Pleadings and motions brief (merits file, tome I, folio 467).
189
Cf. Statement made by Lucas Matías Mendoza before the Prison Commission of the national Ombudsman’s
Office on December 13, 2007 (file of annexes to the submission of the case, tome X, folio 5579)
190
He stated that: “on Sunday, 9 [December 20070, at approximately 10.30p.m., three prison guards
belonging to the inspection unit entered his cell; they asked him to lie on the floor and they kicked him on the right
side of the head and punched him. […]. Then […] they took him to the ‘leonera’ [and] on the way they continued to
hit him […]. They took off his left shoe […] and hit him [… about 30 times] on the foot […]. They also hit him […]
on the leg and on the waist. All this was together with his companion Mendoza […]. Then, he limped to the medical
unit, […] the nurse […] told him that nothing was wrong with him and […] cleaned up his hair to get rid of the
blood he had from inmate Mendoza, because when they were hitting him, they were together on the floor. […]
Also, on the 12th, […] they hit and punched him.” Cf. Statement made by Claudio David Núñez before the Prison
Commission of the national Ombudsman’s Office on December 13, 2007 (file of annexes to the submission of the
case, tome X, folios 5582 and 5583).
191
Cf. Statement made by Lucas Matías Mendoza on December 17, 2007 (file of annexes to the pleadings and
motions brief, tome XIII, folio 7402), and Statement made by Claudio David Núñez on December 17, 2007 (file of
annexes to the pleadings and motions brief, tome XIV, folio 7544).
192
Cf. Brief of Execution of Sentence Court No. 2, addressed to the national judge of Federal Criminal and
Correctional matters of Lomas de Zamora, of December 18, 2007 (file of annexes to the pleadings and motions
brief, tome XIII, folio 7406), and Brief of Execution of Sentence Court No. 2, addressed to the national judge of
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