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 105 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, 106 given the victim’s alleged unwillingness or inability to identify his assailants. Then, on July 2, 2008, the 107 judge decided to close the case without prejudice. On February 1, 2008, the prosecutor in case No. 108 616, where the allegations were essentially the same, requested that the case be closed. The court 109 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. 104 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. 105 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.

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