30
125.
On December 27, 2007, both inmates were examined for a third time by the medical staff
of Federal Penitentiary Complex No. 1. According to these medical reports, Lucas Matías Mendoza had a
sutured laceration and bruising on his scalp, a scabbed abrasion in the left scapular region, and
hematomas on the soles of both feet. For his part, Claudio David Núñez presented with redness and
scabbing in the naval area, an abrasion on the right iliac crest, and an abrasion on the left thigh and
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forearm.
126.
As for the investigations instituted into the events of December 9, 2007, two criminal
proceedings were pursued in Lomas de Zamora Federal Criminal and Correctional Court No. 2: case No.
615, into the force used against Lucas Matías Mendoza; and case No. 616, into the force used against
Claudio David Núñez. On June 23, 2008, in case No. 615, the prosecutor requested that the case be
closed since, in his view, there were no “investigative leads” to follow to prove the facts being claimed,
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given the victim’s alleged unwillingness or inability to identify his assailants. Then, on July 2, 2008, the
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judge decided to close the case without prejudice.
On February 1, 2008, the prosecutor in case No.
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616, where the allegations were essentially the same, requested that the case be closed.
The court
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ordered the case closed without prejudice on February 29, 2008.
V.
THE LAW
127.
The Inter-American Commission will examine the legal consequences of all the proven
facts in the following order: i) The sentences of prison time and life imprisonment; ii) The right to appeal a
judgment; iii) The right of defense; iv) The detention conditions at the Mendoza Provincial Penitentiary
and the transfers; v) The death of Ricardo David Videla Fernández; vi) Lucas Matías Mendoza’s loss of
vision; vii) The injuries sustained by Claudio David Núñez and Lucas Matías Mendoza; and viii) The right
to humane treatment of the next of kin.
A.
128.
The rights of the child, the right to humane treatment, and the right to personal
liberty (articles 19, 5, and 7 of the American Convention, in relation to articles 1(1)
and 2 thereof), with respect to the sentences of life imprisonment and confinement
for life
Article 19 of the American Convention provides that:
Every minor child has the right to the measures of protection required by his condition as a minor
on the part of his family, society, and the state.
129.
1.
Article 5 of the American Convention reads as follows:
Every person has the right to have his physical, mental, and moral integrity respected.
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The State’s brief, Note OEA 31, of January 2, 2008. Attachment. Statement that Lucas Matías Mendoza made before
Sentence Enforcement Court No. 2, December 17, 2007.
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The State’s brief, received on February 15, 2008. Attachment. Medical report prepared by Dr. Cristian Setevich of the
Medical Aid Section, December 27, 2007.
106
The petitioners’ brief, received on July 10, 2009. Attachment. Request that the Office of Federal Prosecutor No. 2 filed
on June 23, 2008, asking that proceedings in case 615 be closed. Order to close case, issued by Federal Criminal and Correctional
Court No. 2
107
The petitioners’ brief, received on July 10, 2009. Attachment. Order to close the case, issued by Federal Criminal and
Correctional Court No. 2 on July 2, 2008.
108
The petitioners’ brief, received on July 10, 2009. Attachment. Request that the Office of Federal Prosecutor No. 2 filed
on February 1, 2008, asking that proceedings in case 616 be closed.
109
The petitioners’ brief, received on July 10, 2009. Attachment. Order to close the case, issued by Federal Criminal and
Correctional Court No. 2 on February 29, 2008.