(i) Conclusions. The Commission concluded that the State was responsible for the violation of the rights recognized in the following Articles of the American Convention: • • • • • • • to the detriment of César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Saúl Cristian Roldán Cajal and Ricardo David Videla Fernández, Articles 5(1), 5(2), 5(6), 7(3) and 19, as well as Article 8(2)(h)) of the Convention, all in relation to Articles 1(1) and 2 thereof; to the detriment of César Alberto Mendoza and Saúl Cristian Roldán Cajal, Article 8(2)(d) and (e) of the Convention, in relation to Article 1(1) thereof; to the detriment of Saúl Cristian Roldán Cajal and Ricardo David Videla Fernández, Article 5(1) and 5(2) of the Convention, in relation to Article 1(1) thereof; to the detriment of Ricardo David Videla Fernández, Articles 4(1) and 5(1) of the Convention, and to the detriment of their next of kin, Articles 8(1) and 25(1) thereof, all in relation to Article 1(1) of this instrument; to the detriment of Lucas Matías Mendoza, Articles 5(1), 5(2) and 19 of the Convention, in relation to Article 1(1) thereof; to the detriment of Lucas Matías Mendoza and Claudio David Núñez, Articles 5(1), 5(2), 8(1) and 25(1) of the Convention, in relation to Article 1(1) thereof, as well as non-compliance with the obligations established in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, and to the detriment of the next of kin of the presumed victims, Article 5(1) of the Convention. ii. Recommendations. Consequently, the Commission recommended that the State: • “Take the necessary measures so that César Alberto Mendoza, Claudio David Nuñez, Lucas Matías Mendoza and Saúl Cristián Roldán Cajal are able to file an appeal to obtain a broad review of the sentences convicting them in compliance with Article 8(2)(h) of the American Convention [… during which] the international standards for juvenile criminal justice are applied as described in the [… Merits R]eport and that the victims’ legal situation is established observing those standards”; • “Ensure that, while they are deprived of liberty, they have the medical attention they require; • “Prescribe the legislative and other measures to ensure that the criminal justice system applicable to adolescents, for crimes committed while under 18 years of age, is compatible with the international obligations concerning the special protection for children and the purpose of the punishment, in keeping with the parameters set out in the [… Merits R]eport”; • “Prescribe the legislative and other measures to ensure effective compliance with the right recognized in Article 8(2)(h) of the Convention […] in keeping with the standards described in the [… Merits R]eport”; • “Conduct a complete, impartial and effective investigation, within a reasonable time, to clarify the death of Ricardo Videla Fernández and, as appropriate, impose the corresponding punishments. This investigation must include the possible responsibility for omissions or failures to comply with the obligation of prevention of the officials who were in charge of the custody of the [presumed] victim”; • “Conduct a complete, impartial, and effective investigation, within a reasonable time, to clarify the acts of torture suffered by Lucas Matías Mendoza and Claudio David Nuñez and, as appropriate, impose the corresponding punishments”; • “Organize measures of non-repetition that include training programs for prison personnel on international human rights standards, in particular on the right of persons deprived of liberty to be treated with dignity, as well as on the prohibition of torture and other cruel, inhuman or degrading treatment”; • “Take the necessary measures to ensure that the detention conditions in the Mendoza Provincial Prison meet the relevant inter-American standards, and”; • “Provide adequate compensation for the human rights violations declared in the [… Merits R]eport” for both the pecuniary and the non-pecuniary aspects. 4 d. Notification to the State. The Merits Report was notified to the Argentine State on November 19, 2010, and the State was granted two months to report on compliance with the recommendations. In response to Argentina’s requests and its express waiver of the 4 Cf. Merits Report No. 172/10 of November 2, 2010 (merits file, tome I, folios 83 and 84). 7