that the judicial authorities were under a duty to exercise exceptional diligence in a
proceeding involving a person infected with the AIDS virus, having regard to the incurable
nature of the disease from which he was suffering and his reduced life expectancy 336.
Likewise, in the cases of Codarcea v. Romania and Jablonska v. Poland, the European Court
considered that, in view of the applicant’s old age, the courts should display particular
diligence in processing the case.337
196.
The Court further recalls that the Convention on the Rights of Persons with
Disabilities, mentioned previously (supra para. 137), contains rules on the importance of
effective access to justice for persons with disabilities “on an equal basis with others,
including through the provision of procedural and age-appropriate accommodations”
(Preamble and Art. 13.1). Thus, the Court considers that when vulnerable persons are
involved, as in the case of a person with disabilities, it is imperative to take the pertinent
actions, such as ordering the authorities to give priority to addressing and settling such
cases, in order to avoid delays in their processing so as to ensure a prompt decision and
execution thereof.
197.
In the instant case, the Court finds that the evidence on file confirms Sebastián
Furlan’s serious health and mental condition caused by the accident and his subsequent
need for medical and psychological care (supra paras. 73, 74, 76, 77, 95, 96 and 111).
Moreover, it is proven that Sebastián Furlan and his family did not have sufficient financial
resources to provide him with the medical and psychiatric treatment recommended
throughout those years (supra para. 71). In this regard, based on the treatment ordered by
the doctors who examined him during the judicial proceeding, expert witness Dr. Estela del
Carmen Rodriguez pointed out that although Sebastián Furlan reached legal age during the
course of the civil suit “if the recommended treatment and neuro-cognitive therapy had
been provided in time, [it is] likely that his functions and life quality would be better
now.”338 She added that Sebastián Furlan “did not receive the necessary treatment with the
applicant in the proceedings in question. Not only were they decisive for her future relations with her own child, but
they had a particular quality of irreversibility […] In cases of this kind the authorities are under a duty to exercise
exceptional diligence”).
336
Cf. ECHR, Case of X. v. France, (No. 18020/91), Judgment of 31 March 1992, para. 47 (“This Court takes
the view that what was at stake in the contested proceedings was of crucial importance for the applicant, having
regard to the incurable disease from which he was suffering and his reduced life expectancy” […] In short,
exceptional diligence was called for in this instance, notwithstanding the number of cases which were pending, in
particular as it was a controversy the facts of which the Government had been familiar with for some months and
the seriousness of which must have been obvious to them.”). Similarly, ECHR, Case of A and others v. Denmark
(No. 20826/92), Judgment of 22 January 1996, para. 78 (“The Court shares the Commission's opinion that what
was at stake in the proceedings was of crucial importance for Mr. A, Mr. Eg, Mr. C, Mr. D, Mr. E, Mr. F and the son
of Mr. and Mrs. G in view of the incurable disease from which they were suffering and their reduced life
expectancy, as was sadly illustrated by the fact that Mr. C, Mr. F and the son of Mr. and Mrs. G died of AIDS before
the case was set down for trial. Accordingly, insofar as concerns the first eight applicants, the competent
administrative and judicial authorities were under a positive obligation under Article 6 para. 1 […] to act with the
exceptional diligence required by the Court's case-law in disputes of this nature”).
337
Cf. ECHR. Case of Jablonská v. Poland, (No.60225/00), Judgment of 9 March 2004, Final, June 9, 2004,
para. 43 (“Having regard to all the relevant circumstances and, more particularly, to the fact that in view of the
applicant’s old age – she was already 71 years old when the litigation started – the Polish courts should have
displayed particular diligence in handling her case”), and Case of Codarcea v. Romania, (No. 31675/04), Judgment
of June 2, 2009, Final, September 2, 2009, para. 89. Also, Case of Styranowski v. Poland, (No. 28616/95),
Judgment of 30 October 1998), para. 57 (“Therefore, in view of his age, the proceedings were of undeniable
importance for him. Accordingly, what was at stake for the applicant called for an expeditious decision on his
claim.), and Case of Krzak v. Poland, (No. 51515/99) Judgment of 6 April 6, 2004, Final, July 7, 2004, para. 42.
338
Affidavit rendered by Doctor Estela del Carmen Rodríguez on February 10, 2012 (file on Merits, volume II,
page 763).
63
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