Court No. 5 for Criminal and Correctional Matters of San Martin, Buenos Aires Province,
issued a preventive detention warrant against Sebastián Furlan.212
107. On February 28, 1994 Sebastián Furlan went to the Police Station of Ciudadela
Norte, which executed the warrant.213 That same day, the aforesaid Court No. 5 for Criminal
and Correctional Matters ordered the Forensic Service Department to perform “a psychiatric
evaluation [...], aimed at determining whether [Sebastián Furlan] is capable of providing a
preliminary examination statement and whether he is dangerous to himself and/or to
others.” The psychiatric assessment performed on Sebastián that same day indicated that
he suffered from a “mixed psychiatric syndrome, post-traumatic organic mental dissociative
disorder” which made him unable to “intellectually grasp the potential illegality of his
conduct and to autonomously control his will” and that he “pose[d] a potential danger to
himself and to others,” hand should therefore be admitted to a specialized facility for his
protection and treatment.”214
108. Based on this medical opinion, on March 1, 1994 the Judge of Court No. 5 for
Criminal and Correctional Matters ordered the case against Sebastián Furlan to be finally
dismissed. She also took into account that the forensic examiners of the Forensic Service
Department considered it “necessary for [... Sebastián] to be admitted to a specialized
center for his safety and treatment, and ordered, in accordance with Article 34.1 of the
Argentinean Criminal Code, due to the “danger that Sebastián [...] represents to himself
and others, his internment under police custody at Hospital Evita (formely Araoz Alfaro)”
(hereinafter “Hospital Evita”), “for his safety and treatment, until the conditions that make
him dangerous disappear.” 215 In addition, she ordered a new assessment to be performed
on Sebastián Furlan on March 21, 1994 by forensic doctors of the Forensic Service
Department. The communication of April 7, 1994 issued by the Director of Hospital Evita
indicated that Sebastián was “admitted on March 2, 1994; he was brought in handcuffs, on
remand, and accused of serious injuries [...] he was left as an accused when in fact he
[was] sick and injured.” 216
109. In the report of March 15, 1994 Hospital Evita notified Court No. 5 for Criminal and
Correctional Matters of Sebastián Furlan’s “serious and dangerous family situation” due to
the alleged aggressions by his father against him, and recommended that “Sebastián
remain in hospital.” 217 On March 16, 1994 the Court of San Martin summoned a doctor to
provide a medical statement regarding the condition of Sebastián Furlan and his father, “to
23, 1993 (file of appendices to the report, volume II, page 717).
212
Cf. Preventive detention warrant issued by the judge in the Criminal and Correctional Court on February
21, 1994 (file of appendices to the report, volume II, page 728).
213
Cf. Notification of detention (file of appendices to the report, volume II, pages 733 and 741)
214
Cf. Report submitted by two forensic examiners to the Criminal and Correctional Court No. 5 of February
28, 1994 (file of appendices to the report, volume II, pages 756 to 757).
215
Cf. Brief issued by Criminal Court No. 5 of San Martín on March 1, 1994 (file of appendices to the report,
volume II, pages 760 to 761).
216
Cf. Letter from the Hospital Evita addressed to Criminal Court No. 5 of San Martín, on April 7, 1994 (file of
appendices to the report, volume II, page 821).
217
Cf. Report of Hospital Evita before the Criminal Court No. 5 of San Martin of March 15, 1994 (file of
appendices to the report, volume II, page 774).
37
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