257. The Court also underscores that, when this case was being processed before this
Court, in both the judgment of March 9, 2012, delivered by the Supreme Court of Justice of
the province of Mendoza in favor of Saúl Cristian Roldán Cajal, as well as the judgment of
the Second Chamber of the Federal Criminal Cassation Chamber of Mendoza handed down
in favor of César Alberto Mendoza, Claudio David Núñez and Lucas Matías Mendoza on
August 21, 2012, regarding the appeals for review filed after the issue of Merits Report No.
172/10 in this case (supra paras. 92, 94 and 164), it was also established that the appeals
in cassation had been rejected based on the argument that the defense counsel sought a
review of issues of fact and evidence, and that these matters were “beyond the scope [of
the remedy].” 336 Applying control of conformity with the Convention, it was recognized that
these criteria had been contrary to the provisions of Article 8(2)(h) of the American
Convention and that, in particular, they had not afforded an integral review of the decision
appealed and of the issues discussed and analyzed by the lower court. 337
258. Lastly, the Court finds it pertinent to refer to the State’s arguments regarding the
possibility for the victims, with the exception of Ricardo David Videla Fernández, to file
appeals for review by which, finally, the sentences to life imprisonment and reclusion for
life, respectively, were annulled. This remedy is regulated as follows in the national Code of
Criminal Procedure: 338
Appeal for Review
Admissibility
Art. 479. The appeal for review shall be admissible at all times and in favor of the convicted person,
against final judgments when:
1) The facts established as the grounds for the conviction are irreconcilable with those established for
another irrevocable criminal judgment.
2) The contested judgment was founded on documentary or testimonial evidence the falseness of
which has been declared in a subsequent irrevocable judgment.
3) The conviction has been pronounced as a result of malfeasance, bribery, or another offense the
existence of which has been declared in a subsequent irrevocable judgment.
4) Following the conviction, new facts or probative elements supervene or are discovered, which alone
or together with those already examined in the proceedings, clearly establish that the act did not
exist, that the convicted person did not commit it, or that the act committed falls under a more
favorable criminal law.
5) A more lenient criminal law than the one applied in the judgment shall be applied retroactively.
259.
Also, the Code of Criminal Procedure of the province of Mendoza indicates: 339
Review
Art. 495. Grounds
The appeal for review shall be admissible at all times and in favor of the convicted person, against
final judgments:
1) If the facts established as the grounds for the conviction are irreconcilable with those established
for another irrevocable criminal judgment.
336
Cf. Decision of the Supreme Court of Justice of the province of Mendoza of March 9, 2012, in case No.
102,319 (file of annexes to the answering brief, tome XV, folio 7892), and Judgment of the Federal Criminal
Cassation Chamber of August 21, 2012, in case No. 14,087 (file of annexes to the representative’s final written
arguments, tome XVII, folios 8200 to 8201 and 8218 to 8219).
337
Cf. Judgment of the Federal Criminal Cassation Chamber of August 21, 2012, in case No. 14,087 (file of
annexes to the representative’s final written arguments, tome XVII, folio 8219), and Decision of the Supreme Court
of Justice of the province of Mendoza of March 9, 2012, in case No. 102,319 (file of annexes to the answering brief,
tome XV, folios 7890 and 7894 to 7895).
338
4185).
Cf. National Code of Criminal Procedure (file of annexes to the submission of the case, tome VII, folios
339
Cf. Code of Criminal Procedure of the province of Mendoza (file of annexes to the submission of the case,
tome VIII, folio 4260).
85