responsibility for the crimes of two counts of aggravated homicide, aggravated armed
robbery, illegal possession of a weapon of war and unlawful association. 66 Both were under
18 years of age when they committed the crimes of which they were accused.
83.
Three remedies of cassation were filed against the judgment of April 12, 1999,
handed down by the Oral Juvenile Court (supra para. 82); one of them by the official Public
Defender on behalf of Claudio David Núñez, 67 and the others by the Children’s Public
Defender on behalf of Lucas Matías Mendoza and Claudio David Núñez. 68 In addition, the
private legal counsel of Lucas Matías Mendoza filed another remedy of cassation. 69 Lastly,
the official Public Defender filed two appeals based on unconstitutionality, one in favor of
Claudio David Núñez and Lucas Matías Mendoza, 70 and another in favor of Claudio David
Núñez. 71 On May 6, 1999, the Oral Juvenile Court rejected the remedies of cassation and
unconstitutionality that had been filed. 72
84.
The official Public Defender, on behalf of Claudio David Núñez, 73 the Children’s Public
Defender, on behalf of Claudio David Núñez and Lucas Matías Mendoza, 74 and Lucas Matías
Mendoza’s private legal counsel, 75 filed three remedies of complaint before the National
Criminal Cassation Chamber against the decision of May 6, 1999, of the Oral Juvenile Court
rejecting the remedies of cassation and the appeal based on unconstitutionality. On October
of [reclusion] and imprisonment.” However, the representative indicated that, despite the case law of the Supreme
Court, there are differences between the punishments of reclusion for life and life imprisonment. Cf. The State���s
final written arguments (merits file, tome III, folio 2193); the representative’s final written arguments (merits file,
tome IV, folio 2224), and the Federal Criminal Code (file of annexes to the submission of the case, Annex 1, tome
VII, folio 4075).
66
Cf. Explanatory statement of the facts and law on which Juvenile Oral Court No. 1 of the Federal Capital
based its verdict, corresponding to cases Nos. 833/838/839/851/910/920/937/972/1069 against Dante Núñez,
Claudio David Núñez and Lucas Matías Mendoza, of April 12, 1999 (file of annexes to the submission of the case,
tome VIII, folio 4515).
67
Cf. Remedy of cassation filed by Nelly Allende, official public defender of Dante Núñez and Claudio Núñez
in cases Nos. 833/838/839/851/910/920/937/972/1069, on May 3, 1999 (file of annexes to the submission of the
case, tome VIII, folio 4661).
68
Cf. Remedy of cassation filed by María Luz de Facio, Head of Children’s Public Defense Office No. 1, on
behalf of Lucas Matías Mendoza and Claudio David Núñez in cases Nos. 833/838/839/851/910/920/937/ 972/1069,
on May 3, 1999 (file of annexes to the submission of the case, tome VIII, folio 4699).
69
Cf. Remedy of cassation filed by Mirta Beatriz López, private defense counsel of Lucas Matías Mendoza in
cases Nos. 833/838/839/851/910/920/937/972/1069, on May 3, 1999 (file of annexes to the submission of the
case, tome VIII, folio 4644).
70
Cf. Remedy of cassation filed by Nelly Allende, public defender of Lucas Matías Mendoza and Claudio
Núñez in cases Nos. 833/837/838/839/910/920/937/972/1069, on May 3, 1999 (file of annexes to the submission
of the case, tome VIII, folio 4705).
71
Cf. Remedy of cassation filed by Nelly Allende, public defender of Claudio Núñez and Dante Núñez in cases
Nos. 833/837/838/839/910/920/937/972/1069, on May 3, 1999 (file of annexes to the submission of the case,
tome VIII, folio 4712).
72
Cf. Decision of Juvenile Oral Court No. 1 of May 6, 1999 (file of annexes to the submission of the case,
tome VIII, folios 4725, 4729 and 4730).
73
Cf. Remedy of complaint owing to rejection of the remedy of cassation filed by Nelly Allende, official public
defender of Dante Núñez and Claudio Núñez in cases Nos. 833/838/839/851/910/920/937/972/1069, filed on May
3, 1999 (file of annexes to the submission of the case, tome VIII, folio 4749).
74
Cf. Remedy of complaint owing to rejection of the remedy of cassation filed by María Luz de Fazio, Head of
the No. 1, on behalf of Lucas Matías Mendoza and Claudio David Núñez in cases Nos. 833/837/838/839/910/920
Children’s Public Defense Office /937/972/1069, filed on May 13, 1999 (file of annexes to the submission of the
case tome VIII, folio 4803).
75
Cf. Remedy of complaint owing to rejection of the remedy of cassation filed by Mirta Beatriz López, private
defense counsel of Lucas Matías Mendoza in cases Nos. 833/838/839/851/910/920/937/972/1069, filed on May 19,
1999 (file of annexes to the submission of the case, tome VIII, folio 4733).
30