110. The prison staff also gave statements, including, Ariel Gustavo Macaccaro
Calderon, 145 a guard in the sector where Ricardo David Videla was located on the day he
died, and the official Alvea Gutierrez, who testified that Ricardo David Videla had told him
“that he was going to cut himself all over.” In addition, official Alvea Gutierrez stated that
he had told the inmate “that he was not going to achieve anything because [… the doctor]
would patch him up [and …] order that he be held under observation for 24 hours […].” 146 In
addition, prison official Hector Jorge Salas Pedernera indicated that it was he, together with
the above-mentioned prison officials who found Ricardo Videla dead. 147
111. Nevertheless, the case file contains the statements of the Prison Service doctor,
Favio Roberto Bertolotti Nento, 148 the prison nurse, Jorge Armando Lantero Araya, 149 and
three inmates, 150 indicating that Ricardo David had never indicated his intention to commit
suicide previously.
112. The report of the autopsy of Ricardo David Videla Fernández performed by a forensic
physician the day he died indicates that “the cause of death was hanging, [and that n]o
other recent traumatic injuries [were] observed on the surface of the body.” 151 In addition,
during the judicial investigation, a member of the Forensic Police inspected Videla
Fernández’s cell on June 30, 2005, and in this regard, stated that the suicide was atypical
owing to the neck injury, because suicide by incomplete suspension was not common. He
also indicated that there was a possibility that another person had jerked Ricardo David
Videla from behind, suffocated him manually, and then pulled him down. In particular, this
police agent mentioned that “the belt was not consistent with the clothing that [Ricardo
David Videla Fernández] was wearing at the time.” 152
113. On June 24, 2005, Stella Maris Fernandez, Ricardo David Videla’s mother, appeared
as a complainant in the proceedings in order to request clarification of the facts surrounding
the death of her son and a full investigation, granting a power of attorney to a private
defense counsel to intervene on her behalf. 153 On August 28, 2005, the defense counsel
145
Cf. Testimonial statement of Ariel Gustavo Macaccaro Calderón in judicial file P-46824/05, dated June 21,
2005 (file of annexes to the submission of the case, tome IX, folio 5243).
146
Cf. Testimonial statement of Enrique Fernando Alvea Gutiérrez in judicial file P-46824/05, dated June 21,
2005 (file of annexes to the submission of the case, tome IX, folios 5258 and 5259).
147
Cf. Testimonial statement of Hector Jorge Salas Pedernera in judicial file P-46824/05, dated June 21, 2005
(file of annexes to the submission of the case, tome IX, folio 5251). See, also, the note from the Head of the
Security Unit, Franco Fattori, to the Deputy Director of the San Felipe Complex dated June 21, 2005 (file of
annexes to the submission of the case, tome IX, folio 5284).
148
Cf. Testimonial statement of Favio Roberto Bertolotti Nento in judicial file P-46824/05, dated June 21,
2005 (file of annexes to the submission of the case, tome IX, folio 5247).).
149
Cf. Testimonial statement of Jorge Armando Lantero Araya in judicial file P-46824/05, dated June 21,
2005 (file of annexes to the submission of the case, tome IX, folio 5249).
150
Cf. Testimonial statement of Pedro Jesús Zenteno Rojas in judicial file P-46824/05, dated June 21, 2005
(file of annexes to the submission of the case, tome IX, folio 5253); Testimonial statement of Jonathan Matías Díaz
Díaz in judicial file P-46824/05, dated June 29, 2005 (file of annexes to the submission of the case, tome IX, folio
5294), and Testimonial statement of Jonathan Gustavo Alfredo Moyano Sandoval in judicial file P-46824/05, dated
July 4, (file of annexes to the submission of the case, tome IX, folio 5301).
151
Cf. Report on the autopsy performed by Dr. Jorge Daniel Michel on Ricardo David Videla Fernández, dated
June 21, 2005 (file of annexes to the submission of the case, tome IX, folio 5323).
152
Cf. Testimonial statement of Gustavo Olguín Massotto in judicial file P-46824/05, dated August 8, 2005
(file of annexes to the submission of the case, tome IX, folio 5331).
153
Cf. Brief submitted by Stella Maris Fernández in judicial file P-46824/05, dated June 24, 2005 (file of
annexes to the submission of the case, tome IX, folio 5275).
40