25 “Videla told him [officer Alvea Gutiérrez] to bring him some blankets or to bring him his belongings, because if he didn’t he was going to hang himself; he told him to get officer Factory, too […] Officer Alvea told him that if he wanted to hang himself, then go right ahead; then he let him know that he 72 was going to handcuff him.” 101. In his statement, Officer Enrique Fernando Alvea Gutiérrez, a member of the penitentiary staff, told judicial authorities that The inmate told me that he was going to cut himself up. I told him, ‘what’s the point; the doctor will be here right away and just patch you up; like always, he’ll order that you be locked up for twenty73 four hours. 102. The record of the fact-finding inquiry contains a petition of habeas corpus written by hand and dated May 2, 2005, in which Ricardo David Videla informs the Judge of the First Circunscripction on Juvenile Justice that he was being repeatedly threatened by prison staff and that they were engaging in 74 “psychological persecution”. In the petition he asked to be transferred to the San Rafael Jail. There is nothing in the Commission’s case file to suggest that any action was taken on this brief. 103. Officials from the Prison Policy Monitoring Commission visited the Mendoza Penitentiary in June 2005. On August 18, 2005, Mr. Pablo Ricardo Flores made the following statement about that visit, which is part of the court record in case 46824/05. He observed that Inmate Videla’s psychological state had markedly deteriorated […] He was in tears. I recall that when we opened the cell, he began shielding his face from the light that came in; he was slow to 75 get to his feet […] He said that the hours spent locked in his cell were killing him. 104. The report on the June 13, 2005 visit to the Mendoza Penitentiary, prepared by Dr. Claudia Cesaroni, a member of the Prison Policy Monitoring Commission of Argentina’s Secretariat for Human Rights, stated the following about Ricardo David Videla Fernández: “When we saw him in the morning, he was in terrible shape; he was in Cellblock 2 for disciplinary reasons […] That afternoon, he had already been put back in Maximum Security Section 11, where conditions are so poor that 76 incarceration there is tantamount to another kind of punishment.” The information compiled was verbally reported to the Director of the Mendoza Penitentiary Service and to the Deputy Secretary for Justice, on 77 the day following the visit. 105. On June 6, 2006, the Examining Prosecutor determined that the evidence showed that “inmate Videla Fernández died by his own hand,” that “no third parties were involved when the hanging occurred” and that “Ricardo Videla Fernández’ death was a suicide.” He also stated that “in the view of 72 Statement that inmate Jonathan Gustavo Alfredo Moyano Sandoval gave at 11:00 a.m. on July 4, 2005 in the presence of the investigating Prosecutor in court case 46824/05. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached. 73 Statement that Enrique Fernando Alvea, prison staff member, gave at 9:04 p.m. on June 21, 2005, in the presence of the investigating Prosecutor in court case 46824/05. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached. 74 Petition of habeas corpus, undated and signed by Ricardo David Videla. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached. 75 Statement that Pablo Ricardo Flores, teacher, gave at 9:25 a.m. on August 18, 2005, in the presence of the investigating Prosecutor in court case 46824/05. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached. 76 Report on the visit that the Prison Policy Monitoring Commission made to the Mendoza Penitentiary in June 2005. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached. 77 Visit to the Mendoza Penitentiary, Report prepared by Claudia Cesaroni, dated June 15, 2005. Statement that Claudia Cesaroni give on August 19, 2005, in the presence of the investigating Prosecutor. The State’s brief of October 29, 2009, with a copy of the proceedings conducted into the death of Ricardo David Videla Fernández attached.