126. In December 2007, the defense counsel of Lucas Matías Mendoza 177 and Claudio
David Núñez 178 filed a complaint of physical violence before Federal Criminal and
Correctional Court No. 2, requesting a hearing with the judge in order to report that on
December 9, 2007, these young men had suffered abuse while in Ezeiza Federal Prison
Complex I. 179
127. In this regard, the records of Federal Prison Complex I of December 9 and 13, 2007,
show that both Lucas Matías Mendoza and Claudio David Núñez had indicated that their
injuries were “the result of an altercation with another inmate” 180 and, also, that, “[…]
piece[s] of broomsticks […] with blood stains” had been found. 181 In addition, the
disciplinary report prepared by the Service Inspector on duty of Federal Prison Complex No.
1, indicates that, on December 9, 2007, a heated argument started and a fight ensued in
which Lucas Matías Mendoza, Claudio David Núñez and two other inmates took part. The
prison staff proceeded to separate them and house them preemptively in the transit cell of
Module II, where they underwent a medical examination and were later taken back to their
individual cells. 182 Moreover, the report of the prison doctor issued the next day states that
Claudio David Núñez had a “contusion in the right dorsal region, on the back of his right
knee and on the back of his left leg,” and that Lucas Matías Mendoza had a “contusion in the
dorsal region and a blunt injury on his scalp, sutured.” 183
128. On December 11, 2007, the national Prison Oversight Office learned of these facts by
a telephone call that Lucas Matías Mendoza’s mother made to its Directorate General for the
Protection of Human Rights. The next day, the doctor of the national Prison Oversight Office
went to Federal Prison Complex I and performed a complete examination of both young
men. The doctor described all their injuries and concluded that these were due, “prima
facie, to a blow, friction and/or impact with or against a hard surface and/or body.” Among
other injuries, he noted that Claudio David Núñez had an “[i]rregularly-shaped hematoma
with imprecise edges, on the outer edge of the fifth [left] metatarsal,” and that Lucas Matías
Mendoza had an “irregularly-shaped hematoma with imprecise edges, that covered half the
sole of both feet.” 184 Also, on December 12 or 13, 2007, another doctor from the Medical
Assistance Service of Federal Prison Complex No. 1 examined the inmates and reported that
177
Cf. Complaint filed by Juan Facundo Hernández, defense counsel of Lucas Matías Mendoza (file of annexes
to the pleadings and motions brief, tome XIII, folio 7401).
178
Cf. Complaint filed by Juan Facundo Hernández, defense counsel of Claudio David Núñez (file of annexes
to the pleadings and motions brief, tome XIV, folio 7542).
179
Cf. Testimony of Lucas Matías Mendoza before Federal Criminal and Correctional Court No. 2, of December
17, 2007 (file of annexes to the pleadings and motions brief, tome XIII, folio 7402). See, also, testimony of Claudio
David Núñez before Federal Criminal and Correctional Court No. 2, of December 17, 2007 (file of annexes to the
pleadings and motions brief, tome XIV, folio 7544).
180
Cf. Injury record dated December 9, 2007 (file of annexes to the pleadings and motions brief, tome XIII,
folios 7422 and 7425); injury records dated December 13, 2007 (file of annexes to the pleadings and motions
brief, tome XIII, folios 7416 and 7417).
181
Cf. Confiscation record dated December 9, 2007 (file of annexes to the pleadings and motions brief, tome
XIII, folio 7421).
182
Cf. Disciplinary report signed by Service Inspector Ruben Constantin on December 9, 2007 (file of annexes
to the pleadings and motions brief, tome XIII, folio 7427).
183
Cf. Medical report prepared by Esteban Blasi, staff physician of Ezeiza Federal Prison Complex No. 1, of
December 10, 2007 (file of annexes to the submission of the case, tome X, folio 5561).
184
Cf. Report on interview with Claudio David Núñez conducted by Dr. Jorge Teijeiro on December 12, 2007
(file of annexes to the pleadings and motions brief, tome XIII, folios 7452 to 7456), and with Lucas Matías
Mendoza conducted by Dr. Jorge Teijeiro on December 12, 2007 (file of annexes to the pleadings and motions
brief, tome XIII, folios 7456 to 7458).
44