96. On September 7, 2012, the Argentine Ombudsperson submitted a brief to the Second Chamber of the Federal Criminal Cassation Chamber requesting the immediate release of César Alberto Mendoza and Claudio David Núñez, and an end to the detention of Lucas Matías Mendoza that had been ordered as a result of his sentence to life imprisonment, based on the “acknowledgement of judicial error” revealed by the Chamber’s judgment of August 21, 2012. 97. On September 8, 2012, the Oral Juvenile Court granted the release of César Alberto Mendoza, Lucas Matías Mendoza and Claudio David Núñez on their own recognizance because, “in this case, the length of their detention as a preventive measure[; that is, approximately 17 years,] d[id] not justify their continued detention until the end of the proceedings.” Lucas Matías Mendoza was not released, “because […] National Criminal Investigation Court No. 5 had made an annotation on the order.” 107 E. Lucas Matías Mendoza's loss of vision 98. On July 31, 1998, at 17 years of age, 108 and during his time at the Dr. Luis Agote Juvenile Institution, located in Buenos Aires, 109 Lucas Matías Mendoza was hit by a ball in the left eye. 110 The diagnosis made on August 18 of that year determined that he had suffered a retinal detachment. 111 On September 25, 1998, since he had attained his majority, 112 Lucas Matías Mendoza was transferred from the juvenile institution, first to the “Judicial Detention Center (U. 28),” and later to the “Federal Capital Prison (U. 16).” 113 On December 22, 1998, he was transferred to the Federal Complex for Young Adults (U.24), where he was examined by the staff physician on August 31, 1999. The latter confirmed that the inmate’s injury had affected his vision irreversibly, without the possibility of surgery and treatment. The report recommended “maximizing care as regards the inmate’s physical activity, as well as his accommodations, avoiding insofar as possible situations that could worsen his limited vision.” In addition, the doctor stated that Lucas Matías Mendoza had a congenital toxoplasmosis scar in his right eye which had resulted in a decrease in his visual acuity, 114 although in a previous report dated February 3, 1997, it was noted that, at that time, his vision was normal. 115 107 Cf. Judgment of Juvenile Oral Court No. 1 of the Federal Capital, of September 8, 2012 (file of annexes to the representative’s final written arguments, tome XII, folios 8400 and 8401). 108 Lucas Matías Mendoza was born in September 1980. Cf. Psychological report of the Agote Institution of July 7, 1997 (file of annexes to the pleadings and motions brief, tome XIII, folio 7151). 109 Cf. Psychological report of the Agote Institution of July 7, 1997 (file of annexes to the pleadings and motions brief, tome XIII, folio 7151). See, also, the note of the Agote Institution dated September 25, 1998, advising of the departure of Lucas Matías Mendoza (file of annexes to the pleadings and motions brief, tome XIII, folio 7164); testimony provided by Lucas Matías Mendoza by affidavit on August 16, 2012 (merits file, tome II, folio 1415), and Technical criminalistics report on Lucas Matías Mendoza (file of annexes to the pleadings and motions brief, tome XIII, folio 7331). 110 Cf. Clinical history of Lucas Matías Mendoza (file of annexes to the pleadings and motions brief, tome XIII, folio 7195). See, also, testimony provided by Lucas Matías Mendoza by affidavit on August 16, 2012 (merits file, tome II, folio 1415). 111 Cf. Clinical history of Lucas Matías Mendoza (file of annexes to the pleadings and motions brief, tome XIII, folio 7196). 112 Cf. Note of the Agote Institution dated September 25, 1998, advising of the departure of Lucas Matías Mendoza (file of annexes to the pleadings and motions brief, tome XIII, folio 7164) 113 Cf. Report prepared by the General Registry of Detainees (file of annexes to the pleadings and motions brief, tome XIII, folio 7254) 114 Cf. Medical report prepared by Dr. Jorge Goncalves on August 31, 1999 (file of annexes to the pleadings and motions brief, tome XIII, folio 7205). 115 Cf. Medical report prepared by Dr. Juan Barmiento on February 3, 1997 (file of annexes to the pleadings and motions brief, tome XIII, folio 7192). 35