7 injured his foot. The injury he sustained when another inmate stabbed him in the back allegedly went untreated. He was allegedly assaulted by another inmate on March 21, 2008, as a result of which he reportedly sustained a fractured nasal septum; to this day, he still has difficulty breathing. 26. In a communication dated July 12, 2005, the petitioners reported the death of Ricardo David Videla Fernández in his cell in the Cellblock No. 11 of the Mendoza Penitentiary. They reported that while the circumstances surrounding his death had not yet been determined, they believed that the decisive factors were the inhuman conditions of his incarceration and the anguish he suffered knowing that 7 he was sentenced to life in prison . 27. Later, a brief written by the parents of Ricardo David Videla was received on August 3, 2009, in which they allege that he had been hung by prison personnel and that it was not a suicide as the prison staff had reported. They also underscored the fact that he was being held in a very small cell, without recreation time and was never allowed out of his cell. They allege further that the Second Criminal Court of Mendoza closed the investigation and that there had never been any real interest in determining the real reasons and true cause of their son’s death. 28. Apart from the petitioners’ allegations, as recounted in the preceding paragraphs, regarding the violence and insecurity in prisons, the lack of necessary medical attention and poor physical conditions of the prisons, the petitioners also allege that in the process of serving their sentences, the alleged victims have been transferred several times from one facility to another. They reportedly received the minimum in the way of education and almost no training in trades that might improve their employment opportunities and general rehabilitation. The petitioners contend that the constant transfers had allegedly had an adverse effect on their affective relationships, had repeatedly disrupted their studies and had done nothing to help these young men become fully immersed in the productive activities they embarked upon. The petitioners argue that the State’s actions were detrimental to the alleged victims’ physical wellbeing and that the State failed to comply with its obligations under the law on execution of sentence requiring prison treatment that will serve to prepare the prisoner to rejoin society. 29. In the particular cases of Claudio David Núñez and Lucas Matías Mendoza, it is alleged that before transferring them to the Federal Penitentiary System when they reached the age of 18, the State had them in juvenile detention facilities but failed to provide them with any formal education during that time, which constitutes a violation of articles 5(1) and 19 of the American Convention, read in conjunction with articles 28, 29, 31, and 40(1) of the Convention on the Rights of the Child, and Article 13 of the Protocol of San Salvador. 30. Finally, as measures of restitution, the petitioners argue that consideration should be given to just compensation for the pecuniary and non-pecuniary damages sustained, and to the adoption of other non-pecuniary measures. As measures of satisfaction and guarantees of non-repetition, the petitioners are seeking: public acknowledgement by the State of its international responsibility; implementation of amendments to the laws governing the juvenile criminal justice system and to procedural systems; training of state officials whose job it is to work with children and adolescents, and strengthening of educational, job-training and formative programs in penal institutions. B. The State 31. By a communication received on June 30, 2004, the State expressed its willingness to enter into dialogue with the petitioners to explore the possibility of arriving at a friendly settlement of the case. While the parties were able to meet a number of times, no final settlement agreement was reached. Finally, by note of June 19, 2007, the main petitioner Stella Maris Martinez informed the Commission that her participation in the friendly settlement process was at an end. On several occasions the State has reported on legislative initiatives aimed at reforming the legal framework of the juvenile criminal justice system. 7 Here the Commission took note of the official version to the effect that Ricardo David Videla Fernández had allegedly committed suicide.

Seleccionar párrafo de destino3