American Convention, to the detriment of Cesar Alberto Mendoza and Saúl Cristian Roldán
Cajal.
XI
RIGHT TO PERSONAL INTEGRITY OF THE VICTIMS’ NEXT OF KIN
A. Arguments of the Commission and pleadings of the parties
268. The Commission considered that the State had violated the right to mental and
moral integrity recognized in Article 5(1) of the American Convention, in relation to Article
1(1) thereof, of the next of kin of César Alberto Mendoza, 341 Lucas Matías Mendoza, 342 Saúl
Cristian Roldan Cajal, 343 Ricardo David Videla Fernández 344 and Claudio David Núñez 345 as a
result, among other matters, of: “the treatment […] incompatible with international
standards that was accorded to the victims when they were sentenced to life imprisonment
and reclusion for life respectively; the absence of a periodic review of the possibility of
release […]”; “the lack of appropriate attention following [the] death [of Ricardo David
Videla] in State custody,” and the absence of an effective investigation into what happened,
and “the effects […] of the violations of the personal integrity of Claudio David and Lucas
Matías, the latter’s loss of vision, and the absence of an adequate investigation of these
facts.”
269. The representative stated that the effects of the life sentences imposed on César
Alberto Mendoza, Claudia David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal
and Ricardo David Videla Fernández went beyond the sphere of their families, who “had to
support the anguish of knowing” that the victims “would never be released from prison,”
and whose family structures were affected. She stressed that this situation subjected the
families to “constant concern, anxiety and a sense of loss.” The representatives also
indicated that “the mothers suffered personally from the injuries to the bodies of their
sons,” who showed signs of wounds and injuries that could not be hidden. She also stressed
the physical deterioration of the victims’ mothers owing to the suffering and anguish caused
341
“Regarding Cesar Alberto Mendoza: his mother, Isolina del Carmen Herrera; his companion from 1999 to
August 2007, Romina Beatriz Muñoz and his daughters and son, Isolina Aylen Muñoz, Sanira Yamile Muñoz and
Santino Gianfranco Muñoz; his brothers and sisters: María del Carmen Mendoza, Roberto Cristian Mendoza, Dora
Noemí Mendoza and Juan Francisco Mendoza, and his current partner, Gabriela Ángela Videla.” Cf. Merits report
No. 172/10 of the Inter-American Commission on Human Rights (merits file, tome I, folio 14).
342
“Regarding Lucas Matías Mendoza: his grandmother, Elba Mercedes Pajón, his mother, Marta Graciela
Olguín, his companion since 2006, Romina Vanessa Vilte, his son Lautaro Lucas Vilte, and Romina’s sons and
daughter, Junior González Neuman, Jazmín Adriadna Martínez and Emmanuel Martínez. Also, the brothers and
sisters of Lucas: Omar Maximiliano Mendoza, Paola Elizabeth Mendoza, Verónica Albana Mendoza and Diana
Salomé Olguín.” Cf. Merits Report 172/10 of the Inter-American Commission on Human Rights (merits file, tome I,
folio 14).
343
“Regarding Saúl Cristian Roldán Cajal: his partner, Alejandra Garay; his mother, Florinda Rosa Cajal and
her companion, Juan Caruso; his 11 siblings: Evelyn Janet Caruso Cajal, Juan Ezequiel Caruso Cajal, Cinthia
Carolina Roldan, María de Lourden Roldan, Rosa Mabel Roldan, Albino Abad Roldan, Nancy Amalia Roldan, Carlos
Roldan, Walter Roldan and Yohana Elizabeth Roldan.” Cf. Merits Report 172/10 of the Inter-American Commission
on Human Rights (merits file, tome I, folio 14).
344
“Regarding Ricardo David Videla Fernández: his parents, Ricardo Roberto Videla and Stella Maris
Fernández, and his siblings: Juan Gabriel Videla, Marilín Estefanía Videla, Esteban Luis Videla and Roberto Damián
Videla”. Cf. Merits Report 172/10 of the Inter-American Commission on Human Rights (merits file, tome I, folio
14).
345
“Regarding Claudio David Núñez: his mother, Ana María del Valle Britos; his companion Jorgelina Amalia
Díaz and his daughter Saída Lujan Díaz. Also his brothers and sisters: Yolanda Elizabeth, Emely de los Ángeles,
María Silvina and Dante[,] and his stepfather, Pablo Castaño.” Cf. Merits Report 172/10 of the Inter-American
Commission on Human Rights (merits file, tome I, folio 14).
88