these examinations all indicated that Lucas Matías Mendoza had been injured within the Federal Prison Complex, and three of them, two from prison doctors and one from the national Prison Oversight Office, indicated that the inmate had bruising on the soles of his feet (supra paras. 127, 128, 130 and 131). Furthermore, five of the said reports indicated that Claudio David Núñez had injuries on different parts of his body, and the report prepared by the national Prison Oversight Office noted that he had an “irregularly-shaped hematoma with imprecise edges on the fifth [left] metatarsal” (supra paras. 127, 128, 130 and 131). 283 208. In this regard, the Court observes that, according to the Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), the “falanga” is a form of torture consisting in “the repeated application of blunt trauma to the feet (or more rarely to the hands or hips), usually applied with a truncheon, a length of pipe or similar weapon.” 284 According to the Protocol, the application of the falanga can cause numerous complications and syndromes. 285 209. Based on the above, owing to the nature and location of the injuries to Claudio David Núñez and Lucas Matías Mendoza, which were recorded in several medical reports, the Court finds that both of them were subjected to strong blows to the feet consistent with the practice of “falanga,” a typical form of torture, and that these were undoubtedly inflicted intentionally while they were deprived of liberty in Ezeiza Federal Prison Complex I. The Court also finds it evident that the beatings that Lucas Matías Mendoza and Claudio David Núñez received on their feet and other parts of their body while they were in the State’s custody caused them severe physical suffering, as revealed by their statements. 210. Although the Court has no evidence to determine the purpose or objective of the blows received by the youths Mendoza and Núñez, according to the Inter-American Convention to Prevent and Punish Torture, this conduct can be carried out for “the purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose.” 286 Moreover, as established infra, the State failed to provide sufficient evidence, by means of an effective investigation, to disprove the presumption of State responsibility for the torture suffered by Lucas Matías Mendoza and Claudio David Núñez on the soles of their feet while in State custody and to prove that the said injuries were the result of a “brawl” (infra paras. 235 and 236), as alleged by Argentina. 211. In light of the above, the Court concludes that Lucas Matías Mendoza and Claudio David Núñez were tortured within Ezeiza Federal Prison Complex I by the use of the “falanga” (supra paras. 196 to 210). Consequently, the State is responsible for the violation 283 Cf. Report on the interview with Claudio David Núñez conducted by Dr. Jorge Teijeiro on December 12, 2007 (file of annexes to the pleadings and motions brief, tome XIII, folio 7452). 284 Cf. Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), Office of the United Nations High Commissioner for Human Rights (UNHCHR). Professional Training Series No. 8/Rev.1, United Nations, New York and Geneva, 2004, para. 203. 285 Cf. Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), Office of the United Nations High Commissioner for Human Rights (UNHCHR). Professional Training Series No. 8/Rev.1, United Nations, New York and Geneva, 2004, paras. 203 and 204. “The most severe complication of falanga is closed compartment syndrome, which can cause muscle necrosis, vascular obstruction or gangrene of the distal portion of the foot or toes. Permanent deformities of the feet are uncommon but do occur, as do fractures of the carpal, metacarpal and phalanges.” 286 Inter-American Convention to Prevent and Punish Torture, Article 2 (italics added). 69

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