204. First, the Court observes that, in this case, it has been alleged that State agents
were responsible for the injuries suffered by Lucas Matías Mendoza and Claudio David Núñez
in Ezeiza Federal Prison Complex No. 1. Thus, even though this institution’s records for
December 9 and 13, 2007, indicate that they had stated that their injuries were “the result
of a brawl,” on at least five different occasions following the complaint filed by their defense
counsel, Lucas Matías Mendoza and Claudio David Núñez stated that, on December 9, 2007,
they had been beaten by prison staff on the head and other parts of the body (supra paras.
129, 131 and 132). Thus, on December 13, 2007, Lucas Matías Mendoza and Claudio David
Núñez declared before members of the Prison Commission of the national Ombudsman’s
Office that members of the prison staff had taken them to the “leonera” and, inter alia, had
beaten them on the soles of the feet (supra para. 129). According to the statement by
Claudio David Núñez:
“On Sunday, [December] 9, at approximately 10.30 [p.m.], three prison guards from the
inspection unit entered cell 3, asked him to lie on the ground and kicked him on the right side of
the head and punched him. […] Then, […] they transferred him to the “leonera” [and] all the way
there they continued to beat him […]. They took off his left shoe […] and began to hit him [...
around 30] times […] on his foot […]. They also hit him […] on the leg and waist. All this was with
his companion Mendoza […]. Then he limped to the medical section; […] the nurse […] told him
that nothing was wrong and […] wiped his hair to remove the blood that he had from [inmate]
Mendoza, because when they were beating him they were together on the floor. [… A]lso, on the
12th […] they punched and beat him.” 280
205. Similarly, in affidavits prepared for the proceedings before the Inter-American Court,
both Lucas Matías Mendoza and Claudio David Núñez referred to the blows they had
received on the soles of their feet. According to the youth Mendoza:
“On December 9, 2007, at around 10.30 in the evening, three or four members of the inspection
unit of the Federal Prison Service entered [his] cell; hit [him], handcuffed [him] and took him to
the “leonera” […]. There they hit [him] on the soles of the feet and on other parts of the body
and his head was cut significantly. When he stood up, they hit [him], and … they transferred
[him] to another sector where [he] was ordered to get up and walk. This was impossible, [he]
felt a terrible pain; it was unbearable. At that moment, they threw [him] on the ground again
and, still handcuffed, they again hit [him] on the soles of the feet. […] When, together with
Claudio, [he] filed the complaint before the Sentencing Court, [he] related what had happened
on December 9, but [they] also said that [they] did not want to add any more information,
because [they] were afraid.” 281
206.
Meanwhile, Claudio David Núñez indicated that:
“On December 9, 2007, three or four members of the Prison Service inspection unit entered [his]
cell, beat and handcuffed [him], and took [him] to the “leonera,” an individual cell where they
put people who are passing through. There [he] was beaten 20 to 30 times on the soles of the
feet and on other parts of the body, on the back, waist and head. 282
207. In addition, the body of evidence reveals that, between December 9 and 27, 2007,
Lucas Matías Mendoza and Claudio David Núñez were examined on at least five separate
occasions by doctors from Ezeiza Federal Prison Complex I, from the national Prison
Oversight Office, and from the Forensic Medicine Department of the Supreme Court of
Justice of the Nation (supra paras. 127, 128, 130 and 131).). The six reports resulting from
280
Cf. Statement made by Claudio David Núñez before the Prison Commission of the national Ombudsman’s
Office on December 13, 2007 (file of annexes to the submission of the case, tome X, folios 5582 and 5583)
281
1416).
282
1392).
Cf. Testimony of Lucas Matías Mendoza provided by affidavit on August 16, 2012 (merits file, tome II, folio
Cf. Testimony of Claudio David Núñez provided by affidavit on August 21, 2012 (merits file, tome II, folio
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