I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On March 15, 2011 the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or the Commission), pursuant to Articles 51 and 61 of the
American Convention, submitted to the jurisdiction of the Inter-American Court the case of
Sebastián Furlan and Family v. the Republic of Argentina (hereinafter “the State” or
“Argentina”). The initial petition was filed before the Inter-American Commission on July 18,
2001 by Mr. Danilo Furlan in representation of his son Sebastián Claus Furlan (hereinafter
“Sebastián Furlan” or the “alleged victim”).
2.
On March 2, 2006 the Commission approved Report on Admissibility No. 17/06, and
on October 21, 2010 it issued the Report on Merits No. 111/10, in accordance with Article
50 of the American Convention.3 Subsequently, considering that the State has not complied
with the recommendations contained in the Report on Merits, the Inter-American
Commission decided to submit the case to the jurisdiction of the Inter-American Court. The
Commission appointed Commissioner Luz Patricia Mejía and Executive Secretary Santiago A.
Canton as its Delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, Silvia
Serrano Guzmán, Karla I. Quintana Osuna, Fanny Gómez Lugo and María Claudia Pulido,
attorneys of the Executive Secretariat, as legal advisors.
3.
According to the Commission, this application is related to the State’s alleged
international responsibility for the “lack of timely response by the Argentinean judicial
authorities, who incurred in an excessive delay in the resolution of a civil action against the
State, whose response depended on the medical treatment of the [alleged] victim, as a
child with disabilities.” The Commission requested that the Court declare the violation of
Articles 8(1) (Right to a Fair Trial) and 25(1) (Right to Judicial Protection) in relation to
Article 1(1) (Obligation to Respect Rights) of the American Convention to the detriment of
Sebastián Furlan and Danilo Furlan. In addition, it requested that the Court declare the
violation of Article 25(2.c) (Judicial Protection) in relation to Article 1(1) (Obligation to
Respect Rights) of the Convention, to the detriment of Sebastián Furlan. Furthermore, it
alleged the violation of Articles 5(1) (Right to Personal Integrity) and 19 (Rights of the
Child) in relation to Article 1(1) (Obligation to Respect Rights) of the Convention to the
detriment of Sebastián Furlan. Also, it requested that the Court declare the violation of
Article 5(1) (Right to Personal Integrity), in relation to Article 1(1) (Obligation to Respect
Rights) of the Convention to the detriment of Danilo Furlan, Susana Fernández, Claudio
Erwin Furlan and Sabina Eva Furlan. Finally, pursuant to Article 35(1.g) of the Rules of
Procedure, in its brief submitting the case, the Commission requested that the Court order
the State to implement reparation measures.
II
PROCEEDING BEFORE THE COURT
4.
On April 5, 2011, following the instructions of the President of the Court (hereinafter
“the President”), the Secretariat of the Court (hereinafter “the Secretariat”) informed Mr.
Danilo Furlan, who acted as representative of Sebastián Furlan and his family, that Article
37 of the Court’s Rules of Procedure establishes the mechanism of the Inter-American
Defender, whereby “[i]n cases where alleged victims are acting without duly accredited legal
3
Report on Merits No. 111/10, Case 12.539, Sebastián Claus Furlan and Family of October 21, 2010 (File
on Merits, volume I, pages 5 to 48).
4