addition, the representative argued that, in this specific case, the judges not only violated
the principle of subsidiarity of a prison sentence, but also that of equality and nondiscrimination, the principle of the best interests of the child, and the special measures of
protection required by Article 19 of the American Convention, since César Alberto Mendoza,
Claudio David Nuñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David
Videla Fernández were sentenced to life imprisonment without any distinction having been
made in relation to the punishment applicable to an adult. Moreover, the representative
indicated that the behavior of the presumed victims during the tutelary treatment period
was not considered when determining the sentence.
137. The representative also indicated that the State had violated the principle of
deprivation of liberty for the shortest time appropriate and the principle of periodic review of
the detention measures by imposing an absolute sentence such as life imprisonment on the
youths. In this regard, Argentine legislation allows for early release by means of parole, but
after a 20-year sentence has been served, and this also depends on “fulfillment of the
conditions imposed and evaluated by the prison service itself.” In addition, the
representative argued the violation of the principle of lesser criminal responsibility of
children in conflict with the law, since “the Juvenile Criminal Regime […] establishes that
juveniles can be sentenced to the same prison sentences as adults”; in other words, for “the
determination of offenses, and the establishment of punishments and their execution, this
system refers to the adult system, without any type of distinction.” Furthermore, the
representative argued that the sentence to life imprisonment violated the principle of social
rehabilitation and reform as an essential purpose of the punishment. Based on all the
above, she considered that Argentina had violated, among others, the rights recognized in
Articles 1(1), 2, 5(6), 19 and 24 of the American Convention.
138. The State acknowledged that there had been a “judicial error” in the specific case of
César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán
Cajal and Ricardo David Videla Fernández, because “the courts involved […] sentenced them
to life imprisonment, which was forbidden by the principle of nulla poena sine culpa,
according to the criteria of the Supreme Court of Justice [of Argentina] in the 'Maldonado’
judgment.” The State also acknowledged that this “same shortcoming is apparent in the
context of the execution of the sentences, because both the technical defense and the
judges concerned based their interventions on norms that were manifestly inapplicable to
the case.” Lastly, it indicated that there were “certain inconsistencies in the argument that
the presumed victims had been subjected to cruel, inhuman and degrading treatment by
imposing sentences of life imprisonment on them,” because “under international law, it is
not prohibited to apply such punishments.”
B.
Considerations of the Court
139. The Court observes that the disputes described in this section are not intended to
contest the criminal responsibility of César Alberto Mendoza, Claudio David Núñez, Lucas
Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David Videla Fernández, but rather
the imposing of life sentences and reclusion for life on them. In this regard, the State
acknowledged its responsibility for the violation of the principle of nulla poena sine culpa
because, in its opinion, life imprisonment is only established for adults.
140. First, the Court finds it relevant to reiterate that the term “child” is understood to
mean any person who has not yet attained 18 years of age, unless the applicable domestic
law stipulates a different age of majority (supra para. 67). Moreover, children have the
same rights as all human beings, and also have “special rights derived from their condition
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