3 15. They add that on October 24, 1990, the judge again ordered the San Juan de Dios Hospital to readmit the alleged victim, an order that was refused due to the lack of available beds. On November 2 of that same year, Mr. Hernández was admitted to San Martín de La Plata Hospital. They [the petitioners] report that in the next few days, without notifying his family or obtaining authorization from the judge, the hospital performed surgery on Mr. Hernández. Later, he was discharged from the facility and transferred once again to the Olmos Prison. The petitioners state that the meningitis resulted in sequelae that include the complete loss of vision in one eye, partial and permanent disability in one arm, and memory loss. 16. The petitioners indicate, moreover, that the Penitentiary Service of Buenos Aires Province attempted to evade responsibility for Mr. Hernández’ critical health condition by claiming that he had the AIDS virus. The petitioners assert that regardless of how he had contracted meningitis, it should have been treated properly, and they furthermore state that the alleged victim does not have the virus and that this false claim has damaged his reputation. 17. They report that José Luis Hernández obtained conditional release on May 29, 1991 and that on April 2, 1993, he filed a civil suit with the courts for damages and injuries. On October 10, 1995, the suit was dismissed because the statute of limitations had expired. 18. The petitioners explain that under Article 4037 of the Civil Code, Argentine law establishes that in cases of extracontractual responsibility on the part of the State, the statute of limitations is two years. The petitioners allege that the judge miscalculated the time from the hypothetical moment that Mr. Hernández contracted the illness: that is, August 16, 1990, the date when the disease was diagnosed. They add that the judge did not consider the fact that the illness continued throughout the time that [Mr. Hernández] was confined and that that very fact prevented him from taking legal action of any sort. Mr. Hernández’ legal representative appealed the ruling of the lower court, and on September 12, 1996, the court of appeals upheld the ruling, imposing court costs and fees. The ruling of the higher court was taken to the Supreme Court of Buenos Aires Province, and the suit was dismissed on December 17, 1996. Finally, on December 16, 1997, the National Supreme Court of Justice dismissed the extraordinary remedies complaint that had been lodged. 19. The petitioners therefore affirm that Mr. Hernández availed himself of the legal remedies at his disposal and that the State had committed violations of Articles I, II, V, XVIII, XXV, and XXVI of the American Declaration of the Rights and Duties of Man, as well as Articles 5, 7, 8, 11, 17, 24, and 25 in relation to Article 1.1. of the American Convention and Article 7 of the Inter-American Convention to Prevent and Punish Torture. B. Position of the State 20. The State reports that, indeed, José Luis Hernández was arrested on February 7, 1989 for the crime of armed robbery. The case, No. 24,498, was heard in Criminal Court No. 4 of the Lomas de Zamora Judicial Department. 21. It states that, according to the records, the illness manifested itself on August 16, 1990 and was consistent with the diagnosis of “meningitis, of probable TB etiology” issued by the San Juan de Dios de la Plata Hospital, where Mr. Hernández was hospitalized at the time. It adds that, consequently, there was no accurate diagnosis of the alleged victim’s illness prior to that time, and that once hospitalized, his health improved and the judge issued a ruling denying the request for his release, stating “…given the seriousness of the sentence imposed and finding José Luis Hernández to be receiving adequate medical care, it should be concluded that granting the extraordinary release remedy is inappropriate.” 22. The State notes that on September 28, 1990 the lower court issued a ruling sentencing Mr. José Luis Hernández to 5 years in prison for armed robbery with a firearm. The Court of Criminal and Correctional Appeals upheld the sentence on May 21, 1991, and Mr. Hernández was granted conditional release on May 29, 1991. The State alleges that Mr. Hernández filed the civil suit for damages and