19. He emphasizes that this compensation was supposed to remedy damages for the past and
well as compensate for the consequences in the present and future. The petitioner reiterates in his
communications his concern, given the alleged insufficiency of the compensation, and that
Sebastian is unable to hold a regular job, with respect to how his son will live once he is unable to
provide the necessary support. In many of his communications the petitioner presents information
as to awards of compensation in other cases providing higher awards for situations he considers
to be less significant, and he argues that the award in the case of his son was grossly
disproportionate.
20. Sebastian’s father maintains that the State bears responsibility for what happened to
Sebastian, not only because it was State negligence that caused the accident, but also because
the excessive delay in the judicial proceedings and in the execution of the judgment deprived his
son of the means necessary for a better recuperation.
21. Sebastian’s father indicates that the consequences of the situation have been disastrous for
Sebastian and for the members of the family. His father reports that the fact that Sebastian has
the appearance of man, but the cognitive capacity of an adolescent continuously places him in
difficulties and at risk. He reports, for example, that the gap between his appearance and
cognitive capacity means his actions are often misunderstand, and have lead to him being
harassed, getting into fights, and even being detained by police due to such misunderstandings.
Medical and police reports filed by the petitioner indicate that Sebastian was the victim of attack
and attempted robbery on March 1, 2003 which left him with a serious puncture wound to the
lung.
22. The petitioner indicates that Sebastian is aware of the difference in his life before and after
the accident, and between his situation and that of other people his age, and that this is a source
of tremendous anguish. The petition recounts, without details, that Sebastian was committed to
an institute for three months, in unacceptable conditions, in restraints and under heavy
medication. The petitioner indicates that Sebastian has harmed himself on at least two occasions
in what are described as suicide attempts. The petition recounts that the situation since the
accident has been traumatic for Sebastian’s immediate family as well, and led to the
disintegration of his parents’ marriage and psychological problems for both the parents and two
siblings. In addition to the claims raised by the petitioner relative to the judicial process, he
requested at various points in the processing before the Commission that the State provide
Sebastian and the family with psychological attention, and provide Sebastian with a pension.
B.
Position of the State
23. The State’s presentations coincide with those of the petitioner as to the principal facts
reported with respect to the accident, the severe injuries sustained by Sebastian Furlan, and the
objective responsibility that was determined by the judiciary. The State notes that the judicial
determination as to the division of responsibility between the plaintiff and the State was derived
from the internal normative framework in which the general criterion is the capacity to foresee
risk. The State affirms its view that this shared responsibility was appropriate, given that the 14year old Sebastian was aware of the risk of using unknown equipment in an abandoned area, and
that an evaluation of the legal responsibility of the presumed victim was necessary.
24. The State considers that the presumed victim had access, through the proceedings instituted
by his father, to two instances of judicial review. The judicial process in question in fact produced
a sentence in Sebastian’s favor. The State maintains that the courts acted with full observance of
the guarantees of due process, and that there was no undue delay in the process.
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