52
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against persons deprived of liberty, their families or representatives.
Those principles also provide that
persons deprived liberty have the right to education, which shall be accessible to all, without discrimination.
The Commission considers that the practice of repeatedly transferring inmates could adversely affect their
access to education and employment and thus affect their re-socialization process.
244.
The foregoing notwithstanding, given the information supplied by both parties, the
Commission does not have sufficient cause to conclude that the victims’ transfers constituted a violation of
the American Convention.
E.
245.
Rights to humane treatment, to life, to judicial guarantees and to judicial protection
(articles 4(1), 5(1), 8(1) and 25(1) of the American Convention in relation to Article
1(1) thereof) in the death of Ricardo David Videla Fernández
The pertinent part of Article 4(1) of the Convention provides that:
Every person has the right to have his life respected. (…) No one shall be arbitrarily
deprived of his life.”
246.
The pertinent paragraphs of Article 5 of the American Convention read as follows:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity
of the human person.
247.
Article 8(1) of the American Convention reads as follows:
Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by law,
in the substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
248.
For its part, Article 25(1) of the American Convention provides that:
1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in
the course of their official duties.
249.
The petitioners contend that the Argentine State failed to fulfill its duty to take measures
to protect the life of Ricardo David Videla Fernández, who was 21 at the time of his death. They allege
that the prison authorities knew beforehand that young Videla intended to take his own life, inside his cell
at the Mendoza Penitentiary. The State answered the allegations by arguing that suicide threats are a
common occurrence among inmates and that when Ricardo David Videla committed suicide, in other
words, when the prison authorities learned that he was hanging from the bars on his cell window, they took
immediate steps to save him.
250.
The Commission’s finding on these allegations is based on the Argentine State’s
obligations under articles 4, 5, 8(1) and 25(1) of the American Convention. While a possible violation of
Article 4 of the Convention was not alleged during the admissibility phase of the proceedings on this case,
the Commission received more information during the merits phase, including the court record supplied by
the State in connection with the internal investigations into the death of Ricardo David Videla Fernández.
For the record, the State had an opportunity to refute the petitioners’ allegations regarding the failure to
protect the victim prior to his death and its failure to conduct a serious investigation of his death.
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IACHR, Resolution 1/08, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
Americas. Principle IX.4.