20
(b)
parole; hence, a life sentence for a minor is not a violation of Article 37(a) of the
43
Convention on the Rights of the Child.
In the case of the cassation motion filed by the private defense attorney
representing Lucas Matías Mendoza, the Chamber reiterated its established
position, which is that a sentence of life imprisonment is not a violation of the
Convention on the Rights of the Child inasmuch as Argentine law comports with
the requirement set forth in Article 37(a) of that Convention, by providing for the
44
possibility of release on parole.
80.
The National Public Defender’s Office, representing Claudio David Núñez, filed a special
appeal challenging the Chamber’s April 19, 2000 ruling, which denied the constitutionality and cassation
45
motions that the Juvenile Public Defender’s Office had filed. The National Chamber of Criminal Cassation
46
declared this appeal inadmissible on August 3, 2000. Claudio David Núñez was notified of the decision
47
on September 6 of that year. The National Public Defender filed a complaint motion with the Supreme
48
Court on September 19, 2000, challenging the decision to deny the special appeal. The Supreme Court
49
denied the motion on August 23, 2001, on the grounds that it was filed after the statutory deadline.
81.
The attorney representing Lucas Matías Mendoza filed a special appeal to challenge the
50
definitive dismissal of the cassation motion. The National Chamber of Criminal Cassation, in its capacity
51
as the court that decides whether the appeal will go to a higher court, denied this appeal; thereafter, the
Supreme Court formally dismissed the appeal on the grounds that the complaint does not refute the
52
arguments given in the decision to deny the special appeal.
3.
Saúl Cristián Roldán Cajal
82.
On March 8, 2002, the Juvenile Criminal Court of the First Judicial Circuit of Mendoza
Province sentenced Saúl Cristián Roldán Cajal to life imprisonment as the “author of the crimes of
53
aggravated homicide, committed concurrently with aggravated robbery.”
The crimes for which Saul
Cristián Roldán Cajal was convicted occurred when he had not yet reached the age of 18.
43
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Ruling
of Section II of the National Chamber of Criminal Cassation dated April 19, 2000, Case No. 2211. Original petition filed on behalf of
Lucas Matías Mendoza, received on July 1, 2002. Attachment 2. Court Rulings. Ruling of Section II of the National Chamber of
Criminal Cassation dated April 19, 2000, Case No.2211.
44
Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings.
Ruling of Section II of the National Chamber of Criminal Cassation, dated April 19, 2000, case 2215.
45
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Special
appeal filed by the court appointed public defender Guillermo Lozano on June 15, 2000, Case No. 2211.
46
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Ruling
of Section II of the National Chamber of Criminal Cassation dated August 3, 2000, Case No. 2211.
47
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings.
Notification Form dated September 6, 2000 and signed by Third Clerk María Cristina Hassan, Assistance Section Office.
48
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings.
Communication received on September 20, 2000, in which court-appointed public defender Guillermo Lozano notifies the National
Chamber of Criminal Cassation that he has filed a special appeal with the Supreme Court of the Nation, case No. 2211.
49
Original petition filed on behalf of Claudio David Núñez, received on July 1, 2002. Attachment 2: Court Rulings. Federal
Supreme Court ruling of August 23, 2001, Case No. 193/00.
50
Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings.
Special federal appeal filed by attorney Mirta Beatriz López on May 10, 2000, case No. 2215.
51
Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings.
Decision of Section II of the National Chamber of Criminal Cassation dated June 1, 2000, case No. 2215.
52
Original petition filed on behalf of Lucas Matías Mendoza, received on July 1, 2002. Attachment 2: Court Rulings.
Federal Supreme Court ruling of April 3, 2001, Case 768/00.
53
Original petition filed on behalf of Saúl Cristián Roldán Cajal, received on August 15, 2003. Attachment 2. Court
Rulings. Judgment of the Juvenile Criminal Court of the First Circuit, dated March 8, 2002, case 5/00.