“the matter to be [forwarded] to the [...] National Court of Appeals.”139
88.
As mentioned previously, on March 17, 1997 the petitioner’s attorney asked the
court to summon a settlement hearing in order to reach an agreement with the EMGE,140
which was set for April 10, 1997.141 However, the petitioner requested a new date to be set
due to the fact that it was impossible to serve him notice on time. 142 The new settlement
hearing was set for May 8, 1997.143 The EMGE submitted a brief claiming that neither the
attorney representing the EMGE in the proceedings, nor any other attorney from said
institution could attend the hearing with the authority to enter into a settlement, because
under domestic law the Ministry of Defense was the only entity authorized to do so. On that
occasion, the EMGE’s attorney clarified that in any case the State or EMGE “was open to
considering any type of proposal.”144 The court put on the record that on May 8, 1997
Sebastián Furlan and his attorney appeared at the settlement hearing, but that there was
no representative of the EMGE.145
89.
On July 14, 1997 the plaintiff introduced new facts in the record of the proceedings,
reporting the assault committed by Sebastián Furlan on his grandmother, as well as other
acts of aggression which had prompted the intervention of the police on several occasions
(infra paras. 106 to 110). Specifically, he stated that “[o]n many occasions [Sebastián
Furlan] los[t] control of himself and perform[ed] actions contrary to all logic and morals,
which led to the intervention of the police.” 146 Although the attorney of the defendant
objected to their admission,147 the Court decided to admit the new facts148 in an order of
September 26, 1997.
90.
On August 21, 1997 a new attorney took on the legal representation of Sebastián
Furlan in these judicial proceedings.149 On October 21, 1997 this attorney asked the court to
139
Cf. Brief of the Federal Judge of First Instance of March 26, 1997 (file of appendices to the report, volume
I, appendix 6, page 191).
140
Cf. Brief of Sebastián Claus Furlan of March 17, 1997, page 188.
141
Cf. Brief of the Federal Judge of First Instance of March 21, 1997 (file of appendices to the report, volume
I, appendix 6, page 189).
142
Cf. Brief of Sebastián Claus Furlan of April 7, 1997 (file of appendices to the report, volume I, appendix 6,
page 193).
143
Cf. Brief of the Federal Judge of First Instance of April 8, 1997 (file of appendices to the report, volume I,
appendix 6, page 194).
144
Cf. Brief of the Federal Judge of First Instance of May 6, 1997 (file of appendices to the report, volume I,
appendix 6, page 196).
145
Cf. Certificate of May 8, 1997 (file of appendices to the report, volume I, appendix 6, page 198).
146
Cf. Brief of Sebastián Claus Furlan of July 14, 1997 (file of appendices to the report, volume I, appendix 6,
page 203).
147
Cf. Brief submitted by the attorney of the defendant (file of appendices to the report, volume I, appendix
6, page 215).
148
Cf. Ruling issued by the Federal Judge of First Instance on September 26, 1997 (file of appendices to the
report, volume I, appendix 6, page 216).
149
Cf. Brief of the attorney of Sebastián Furlan of August 21, 1997 (file of appendices to the report, volume I,
appendix 6, page 211). In this regard, on July 14, 1997 the representative of Sebastián Furlan “abdicated
responsibility for legal representation in the instant case” which was accepted by the Court on July 17, 1997 (file of
appendices to the report, volume I, appendix 6, page 201).
29
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