258.
For his part, Mr. Claudio Furlan stated that:
Because it was costly to continue the treatment, I recall that the physiotherapist had visited the house about
five times so there he learned how to repeat the exercises that Sebastián did with the professional and he
replicated them at home. […his] father is good at working with metals and materials so he made some
equipment for [Sebastián] to be able to recover at home; everything depended on this, he got into the pool, a
small pool built at home so that he could be able to rehabilitate the psychomotor function and regain balance,
because I recall that Sebastián could not walk when he left the hospital and had no coordination in his
movements; [his] father, in order for him to move his limbs, lifted him above waist level, without touching the
floor and did as if he was walking in the air and they got into the pool and started moving and stimulating the
motor skills. 411
259.
Moreover, the Court notes that it was Mr. Danilo Furlan who had to seek the
financial compensation for Sebastián Furlan and the family, and the health and social
security benefits for his eldest son. This meant that Mr. Danilo Furlan had an active role in
the domestic judicial proceeding:
“He went to the court all the time. Time went by and the situation became more and more desperate. He
never received an answer. It was very difficult for him to go to the courts. All the expenses he had to
cover. Also, it wasn’t easy, because going to the court, meant that somebody else had to take care of
Sebastián. In spite of everything, [he] made [his] best efforts, but it was pointless. […] He never received
an explanation about the delay of the proceeding; they simply told him that it would take a long time.” 412
260.
Due to the foregoing, the socio-environmental report concluded that “Mr. [Danilo]
Furlan was in a “vulnerable state” and that his son's accident “deeply affected his life.”413
Moreover, a psychological examination had determined that Mr. Danilo Furlan presented “a
neurotic personality structure, with psychopathic traits of disharmonious actions in
situations of increased amounts of environmental stress” and recommended that he be
given outpatient psychiatric-psychotherapeutic treatment.414
261.
Therefore, it is evident that the unwarranted delay in the proceeding, as well as the
other steps taken by Mr. Danilo Furlan to obtain some kind of assistance for his son, caused
him great suffering. Not only did he assume full responsibility for his son’s personal care,
but he also took charge of the domestic judicial proceeding. Mr. Danilo Furlan gave up his
work, devoted his life exclusively to seek help, everywhere, for his son Sebastián Furlan.
Therefore, this Court considers proven the violation of the right to mental and moral
integrity of Mr. Danilo Furlan, as well as the impact produced on him by the lack of access
to justice stemming from the judicial proceeding and its implementation.
262.
As to Mrs. Susana Fernández, the Court considers proven her suffering and
emotional stress, given that she not only had to relinquish her role within the family group
(supra para. 254), but certain problems stemming from the difficulties in Sebastián Furlan’s
his sleeping hours) and also taking him to the coast, to lonely beaches. Throughout the day he was exercising or
sleeping. There he began to walk, to have balance. All the physical therapy for his recovery I did it, I even made
appliances for it. If I had followed the instructions of the Hospital Sebastian’s activity would have been 50 times
less than it was because for them he had to attend only one hour, twice a week.” Cf. Affidavit of Danilo Furlan
(Merits file, page 684).
411
Cf. Statement of Claudio Erwin Furlan rendered at the public hearing held in this case.
412
Affidavit rendered by Danilo Furlan, page 684.
413
Cf. Socio-environmental report prepared by Marta Celia Fernández, pages 2501 and 2503).
414
Cf. Reports of forensic doctor Manuel Mazaira of March 17, 1994 (record of appendices to the report,
volume II, appendix 7, page 789).
82
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