and took their oath.158 That same day the first documentary evidence was received,
consisting of the report submitted by Club Ciudadela Norte.159 Also, on March 6, 1998 the
Escuela Técnica No. 4 reported on Sebastián Furlan’s performance at school during the
academic years before and after his accident.160 On April 6, 1998 the Chief of Police Station
45 of the Argentinean Federal Police, forwarded a record referring to one of Sebastián
Furlan’s detentions after the accident.161
92.
Between August 19 and 20, 1998 the court received the testimony of five of the
eight witnesses called by the petitioner’s attorney.162 On August 20, 1998 the attorney
waived the testimony the other three witnesses.163
93.
On August 14, 1998 the attorney issued a communication to EMGE asking it to
submit all administrative records related to Sebastián Furlan’s proceedings.164 On November
12, 1998 the Chief of the General Archives of the Army informed the court that no record
relating to Sebastián Furlan appeared in the records of any of the different offices of the
Army.165
158
Cf. Certificates issued by the Federal Judge of First Instance on March 2, 1998 (file of appendices to the
report, volume I, appendix 6, page 243).
159
Cf. Brief issued by Club Ciudadela Norte, page 244.
160
Cf. Brief issued by Escuela de Education Técnica No. 4, supra note 96, page 249.
161
Cf. Brief issued by Police Station No. 15 Federal Police of Argentina of April 6, 1998 (file of appendices to
the report, volume I, appendix 6, page 346).
162
Cf. Transcript of the statement by Leonardo Javier Occhiuzzi of August 19, 1998; transcript of the
statement by Rubén Guerrero of August 19, 1998; transcript of the statement by Jorge Omar Praderio of August
20, 1998; transcript of the statement by Osvaldo Roberto Sotomayor of August 20, 1998, and transcript of the
statement by Gabriel Osvaldo Lacasa of August 20, 1998 (file of appendices to the report, volume I appendix 6,
pages 371 to 380). Regarding Sebastián Furlan’s general situation prior to the accident, his neighbors and friends
were consistent in indicating that he was a normal kid, keen on sports and he attended school. The statement of
August 19, 1998 by Leonardo Javier Occhiuzzi, “neighbor and friend,” indicates “that [at the time of the accident
Sebastián] was a student and practiced sports […] he played basketball. Nevertheless he pointed out that
Sebastián “was in a bad state of mind at the time of accident as well as immediately afterwards.” Jorge Omar
Praderio emphasized that “before [the accident Sebastián] was a normal kid.” Similarly, Gabriel Osvaldo Lacasa
stated in his testimony that “before the accident [Sebastián] played soccer, volleyball, went swimming, and did as
many sports as he could [and] also studied.” Regarding the consequences of the accident, the witnesses described
a general deterioration of Sebastián’s functions. Leonardo Javier Occhiuzzi stated that at the time of the statement
Sebastián “[had] motor, coordination and speech problems […] he kn[ew]this because [he was] his neighbor” and
“liv[ed] opposite [his] house.” Moreover, in his statement of August 19, 1998 Rubén Guerrero explained that
“when he spok[e] and walk[ed] it was noticeable that he was not normal” and that right after the accident “the
father helped him along because he could not walk.” Similarly, Jorge Omar Praderio gave testimony August 20,
1998, pointing out that Sebastián “[had] difficulties of speech, sometimes lost his memory, he got [lost] and the
father [had] to go look for him.” He said that at the time of the statement Sebastián [was] in very bad state, he
realiz[ed] that he could not get a good job[and that] he [was] not normal.” Osvaldo Roberto Sotomayor stated that
after the accident Sebastián was “always in a bad state, even now […] he cannot find a job [and] cannot finish
studying.” Likewise, Gabriel Osvaldo pointed out that “after the accident he would leave, disappear, and the father
had to go look for him around the neighborhood […] if he saw someone it [was] like if he didn’t recognize them.”
He added that, as of the time of this statement, “he does not seem to be well, he c[ould] not hold a conversation,
[and] that he was like a four or five year old kid.”
163
Cf. Brief of the attorney of Sebastián Furlan of August 20, 1998 (file of appendices to the report, volume I,
appendix 6, page 381).
164
Cf. Communication issued by secretary 18 of the National Civil and Federal Commercial Court No.9 of
August 14, 1998 (file of appendices to the report, volume I, appendix 6, page 470).
165
Cf. Communication of the Argentine Army of November 12, 1998 (file of appendices to the report, volume
I, appendix 6, page 479).
31
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